FEES
Reductions in PCT fees
The PCT Union Assembly at its 26th (15th extraordinary) session made the following decisions concerning reductions in PCT fees payable for the benefit of the International Bureau.
Reduction in the maximum number of designation fees payable
The Schedule of Fees was amended to decrease the maximum number of designation fees payable, with effect from 1 January 1999, from 11 to 10. It is to be recalled that the maximum number of designation fees payable relates only to express designations made under PCT Rule 4.9(a), not to precautionary designations confirmed under PCT Rule 4.9(c).
Therefore, for international applications filed on or after 1 January 1999, any designation made under PCT Rule 4.9(a) in excess of 10 will not require the payment of an additional designation fee; this means that the maximum amount payable to cover such designations will be DEM 1 840 (or the equivalent in other currencies) at the current exchange rate, even if all possible 77 designations, covering the 98 states which will be bound by the PCT on 1 January 1999, are made. For international applications filed before 1 January 1999, the lower maximum number of designation fees will also be payable where the following three requirements are met:
(1) the date on which the designation fees are due is later than one month from the date of receipt of the international application (that is, where the time limit under PCT Rule 15.4(b)(i) applies (one year from the priority date));
(2) the due date for payment of the designation fees (see item 1) falls on or after 1 January 1999;
(3) the designation fees are actually paid on or after 1 January 1999.
Paying this maximum amount and designating all PCT contracting states allows applicants to keep their options open until the end of the international phase before deciding whether, and in which designated and/or elected states, to proceed with the application into the national/regional phase.
When the request form (PCT/RO/101) is next updated (with effect from January 1999), the fee calculation sheet and accompanying notes (which are annexed to the request) will take into account the new maximum number of designation fees payable.
Reduction in international fee when preparing request form using PCT-EASY
The Assembly also adopted an amendment to the Schedule of Fees to provide for a fee reduction for all applicants who prepare, to the extent detailed in the Administrative Instructions under the PCT, the request form using WIPO's "PCT-EASY" software. It was decided that, for international applications filed on or after 1 January 1999, there will be a reduction of CHF 200 (or the equivalent in other currencies) in the total amount payable in respect of the international fee (that is, the basic fee and designation fee), where the request is prepared using the PCT-EASY software. For details of the exact conditions under which such a reduction may be accorded, see the PCT Newsletter.