INTERNATIONAL TREATIES
PCT
Notice from the European Patent Office dated 31 October 2003 concerning the partial lifting of the limitation on the EPO's competence as a PCT authority
Paragraphs 1(a) and (b) of the notice dated 26 November 2001 issued pursuant to Article 3(4)(a)(ii) of the Agreement between the EPO and WIPO under the PCT (OJ EPO 1/2002, 52) are to be amended as follows:
The reference to the field of biotechnology is to be deleted from paragraphs 1(a) and (b) with effect for all international applications filed as from 1 January 2004 and the reference to the field of telecommunication is to be deleted from paragraph 1(b) with effect for all demands for international preliminary examination filed as from 1 July 2004.
The effect of these changes is that the EPO will resume its competence as an International Searching Authority and International Preliminary Examining Authority for international applications filed as from 1 January 2004 by nationals or residents of the United States of America where such applications contain one or more claims relating to the field of biotechnology as defined by the International Patent Classification units indicated in paragraph 3 of the notice dated 26 November 2001.
The EPO will also resume its competence as an International Preliminary Examining Authority in respect of demands for international preliminary examination filed on or after 1 July 2004 by nationals or residents of the United States of America where such demands contain one or more claims relating to the field of telecommunications as defined by the International Patent Classification unit indicated in paragraph 5 of the notice dated 26 November 2001.
The reference to the field of business methods in paragraphs 1(a) and (b) remains intact; the EPO will thus continue not to be competent to act as an International Searching Authority or International Preliminary Examining Authority in this respect for the remainder of the term specified in paragraph 2 of the notice. In all other respects the notice remains in full force and effect.