INTERNATIONAL TREATIES
PCT
Accession of Portugal and New Zealand
1. The Patent Cooperation Treaty (PCT) will enter into force for Portugal on 24 November 1992 and for New Zealand on 1 December 1992.
Nationals and residents of both these countries will then be able to file international applications under the PCT and all persons entitled to file international applications under Article 9 PCT may designate Portugal or New Zealand
2. Neither State has made use of the reservation concerning PCT Chapter II (international preliminary examination)1.
For international applications filed from 24 November and 1 December 1992 respectively, therefore, nationals and residents of Portugal and New Zealand may file demands for international preliminary examination and both States may be elected in such demands.
Additional information on Portugal
1. Portugal has made no use of the possibility offered by Article 45(2) PCT and may thus be designated in an international application with a view to obtaining either a European patent designating that State or a national patent.
2. From 24 November 1992, the Instituto Nacional da Propriedade Industrial (INPI) will act as receiving Office for applicants who are nationals or residents of that country These persons may however also file their international applications with the EPO as receiving Office in accordance with Article 151 EPC. International applications must be filed in an official EPO language since the EPO will be acting as International Searching Authority.
However, applicants having their residence or principal place of business in Portugal must file international applications with the INPI if they are not claiming the priority of an earlier filing in Portugal. In this case the international application must be accompanied by a Portuguese translation of the description, claims and abstract and a copy of the drawings, even if the latter contain no terms requiring translation.
3 Once the PCT enters into force for Portugal. it will be applicable to all the EPC Contracting States
Applicants will therefore be able once again to designate all the EPC Contracting States in the international request form (Form PCT/RO/101, Box No V, check-box "EP") with a view to obtaining a European patent Paying a single PCT designation fee under Rule 15.1 PCT for that blanket designation will enable the applicant to postpone his decision on the countries to be covered by the Euro-PCT application until expiry of the period under Rule 104b(1) EPC for paying the national fee (21 or 31 months from the filing or priority date)
1 At present all EPC Contracting States except Greece Spain Switzerland and Liechtenstein are bound by PCT Chapter II.