Amendments to the PCT Regulations as from 1 July 2016

PCT Rule Changes (1)
Amendment to PCT Rules 48 and 94
Omission of certain information from publication (Rule 48) or public file access (Rule 94)
Only upon reasoned request by the applicant to the IB
Information must be omitted from publication/public file access, if
it does not obviously serve the purpose of informing the public about the international application,
publication of or public access to such information would clearly prejudice the personal or economic interests of any person, and
if there is no prevailing public interest to have access to that information

PCT Rule Changes (2)
Amendment to PCT Rules 48 and 94 (continued):
Time limit for a request under Rule 48:
Completion of technical preparations for international publication (normally, 15 days before the actual date of publication)
Time limit for a request under Rule 94:
Any time
RO, ISA, SISA or IB may draw the applicant’s attention to information which it believes would qualify for omission from publication under Rule 48, and suggest to the applicant to make a request under Rule 48
IB may also draw the applicant’s attention to information which it believes would qualify for omission from public file access under Rule 94, and suggest to the applicant to make a request under Rule 94
Where the IB grants a request under Rule 48 or 94, it informs all relevant Offices and Authorities not to give access to that information
Effective as from 1 July 2016 for applications filed on or after that date

PCT Rule Changes (3)
Amendment to PCT Rule 26bis.3
General Rule: Obligation of the RO to forward to the IB all documents received from the applicant in relation to a request to restore the priority right
Exception:
RO shall not forward information, upon reasoned request by the applicant or on its own decision, if
it does not obviously serve the purpose of informing the public about the international application,
publication of or public access to such information would clearly prejudice the personal or economic interests of any person, and
if there is no prevailing public interest to have access to that information
Effective as from 1 July 2016 for applications filed on or after that date

PCT Rule Changes (4)
Amendment to PCT Rule 9.2
Extension of Rule 9.2 to the IB and SISA to suggest to the applicant to correct the PCT application before publication if it contains certain expressions defined under Rule 9.1
Effective as from 1 July 2016 for applications filed on or after that date

PCT Rule Changes (5)
Amendment to PCT Rule 82quater
Extension of force majeure provisions to time limits missed due to “general unavailability of electronic communication services”
PCT Assembly Understanding:
“In adopting the amendments to Rule 82quater.1, the Assembly noted that the [Offices and Authorities] should, in considering [such a request], interpret ‘general unavailability of electronic communications’ to apply to outages that affect widespread geographical areas or many individuals, as distinct from localized problems associated with a particular building or single user.”
Effective as from 1 July 2016 for applications filed on or after that date, and for applications filed before that date where the “event” occurred on or after that date