|
E
/
D
/
F
Table of Contents
Foreword
Index
List of regulations
Part I
Part II
Part III
Part IV
Part V
Part VI
 |
| |
Article 150 - OJ 2002, 52
|
| |
PCT
Notice from the President of the European Patent Office dated 26 November 2001 concerning limitation of the EPO's competence as a PCT authority
|
| |
1. Pursuant to Article 3(4)(a)(ii) of the PCT Agreement between the European Patent Organisation and the International Bureau of the World Intellectual Property Organization, as amended with effect from 1 November 2001 (OJ EPO 2001, 601), the European Patent Office (EPO) will not carry out
|
| |
(a) international search in respect of any international application filed on or after 1 March 2002 by a national or resident of the United States of America with the United States Patent and Trademark Office (USPTO) or the International Bureau (IB) as receiving Office where such application contains one or more claims relating to the fields of biotechnology or business methods, as defined by the International Patent Classification units indicated below in paragraphs 3 and 4.
|
| |
(b) international preliminary examination in respect of any international application filed by a national or resident of the United States of America with the USPTO or the IB as receiving Office where the corresponding demand is filed with the EPO on or after 1 March 2002 and the application contains one or more claims relating to the fields of biotechnology or business methods as referred to in sub-paragraph (a) above or to the field of telecommunication as defined by the International Patent Classification unit indicated below in paragraph 5.
|
| |
2. Without prejudice to the right of the EPO to issue any further notice under Article 3(4) of the PCT Agreement which it may consider necessary, the initial duration of these limitations will be three years (Article 3(4)(c) of the PCT Agreement).
|
| |
International Patent Classification
|
|
|
|
|
Apparatus for enzymology or microbiology
|
|
|
|
|
Micro-organisms or enzymes; compositions thereof
|
|
|
|
|
Fermentation or enzyme-using processes to synthesise a desired chemical compound or composition or to separate optical isomers from a racemic mixture
|
|
|
|
|
Measuring or testing processes involving enzymes or micro-organisms; compositions or test papers therefor; processes of preparing such compositions; condition-responsive control in microbiological or enzymological processes
|
|
|
|
|
|
|
|
Chemical analysis of biological material, e.g. blood, urine; testing involving biospecific ligand binding methods; immunological testing
|
|
|
|
|
Medicinal preparations containing antigens or antibodies
|
|
|
|
|
Medicinal preparations containing genetic material which is inserted into cells of the living body to treat genetic diseases; gene therapy
|
|
|
|
New plants or processes for obtaining them; plant reproduction by tissue culture techniques
|
|
|
| |
For information: US classes covering corresponding subject-matter
|
|
|
|
|
Drug, bio-affecting and body treating compositions
|
|
|
|
|
Chemistry: molecular biology and microbiology
|
|
|
|
|
Chemistry: analytical and immunological testing
|
|
|
|
|
Drug, bio-affecting and body treating compositions
|
|
|
|
|
Chemistry: natural resins or derivatives; peptides or proteins; lignins or reaction products thereof
|
|
|
|
|
Organic compoundspart of the class 532-570 series
|
|
|
|
|
Multicellular living organisms and unmodified parts thereof
|
|
|
|
Peptide or protein sequence
|
|
|
| |
4. Business method related inventions
|
|
|
Digital computing or data processing equipment or methods, specially adapted for specific functions: administrative, commercial, managerial, supervisory or forecasting purposes. If an application falls within this subgroup but does not relate to business methods, the EPO's competence is not affected.
|
|
|
| |
For information: US class covering corresponding subject-matter
|
|
|
|
Data processing: financial, business practice, management, or cost/price determination
|
|
|
|
|
|
Electric communication technique with the exception of H04N: pictorial communication, e.g. television
|
|
|
| |
For information: US classes covering corresponding subject-matter
|
|
|
|
|
|
Pulse or digital communications
|
|
|
|
|
|
|
|
Electrical audio signal processing systems and devices
|
|
|
|
|
| |
6. The EPO is no longer the competent authority within the meaning of Article 16(3)(b)1 and Article 32(3)2 PCT for applications meeting the criteria defined in paragraph 1.
|
| |
7. Paragraph 1 also applies to applications filed with the IB rather than the USPTO by two or more applicants,
|
| |
- at least one of whom is a national or resident of the USA, and
|
| |
- none of whom are nationals or residents of an EPC contracting state.
|
| |
8. It is not possible to reassign competence to the EPO by changing the applicant after the application has been filed with the USPTO or the IB.
|
| |
9. The limitation criteria in paragraph 1(b) apply to all demands for international preliminary examination received at the EPO on or after 1 March 20023, which means they are also applicable to applications filed before 1 March 2002 for which the EPO was still the competent International Searching Authority.
|
|
______________________
|
