PCT FAQs

PCT FAQs

Does the applicant need to sign any documentation (e.g. a Power of Attorney) to initiate a national/regional phase filing in the UK or in Europe?

No power or attorney (or indeed any other documentation) is required.

Can I amend the claims at the time of entering the national/regional phase in the UK or in Europe?

Yes.  Filing of voluntary claim amendments may be particularly advisable when entering the European regional phase because significant official fees are charged in respect of each claim in excess of 15.  We will provide initial advice and recommendations on this issue where appropriate at no additional cost.

Do I need to designate particular European countries when entering the European regional phase?

No.  All member states of the European Patent Organisation are automatically designated.  The selection of individual countries can be deferred until after grant of the European patent.

Do you provide national phase filing services for other countries?

As UK and European patent attorneys we can represent clients directly before the UK Intellectual Property Office and the European Patent Office.  Whilst not the core focus of PCT-ZOOM! ™ Cameron Intellectual Property can (and does) coordinate national phase filings in other countries.

Is late entry into the UK national phase possible?

The normal filing deadline is 31-months from the earliest priority date.

Late entry into the UK national phase is possible up to 33-months upon payment of an official fee surcharge.  Any additional extension to the deadline is discretionary and requires the applicant to demonstrate that the missed deadline was unintentional, i.e. that there was always an underlying intention to enter the UK national phase.

Is late entry into the European regional phase possible?

The normal filing deadline is 31-months from the earliest priority date.

Late entry into the European regional phase is possible until at least 33-months.  If the normal 31-month deadline is missed, the European Patent Office will issue (usually within 1 to 2 months) a “Loss of Rights” communication.  However, the loss of rights will not ensure if, within a two month deadline, the applicant requests “Further Processing” and pays additional fees.  However, those fees include a 50% surcharge of the official fees due.  In theory, it is possible to revive an application after expiry of the Further Processing deadline.  However, this is discretionary and the circumstances in which applications can be successfully restored are severely limited.

Is it possible to accelerate the processing of a national/regional phase application in the UK and Europe?

Yes, there are many options.  Please refer to our Briefing Note.

What are the implications of “Brexit” for UK and European patent applications?

Neither UK nor European patent applications are affected in any way by “Brexit”.  See our Briefing Note for further information (particularly points 2 and 3).

Any Questions?

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