1. From March 1, 2001 at the time of the filing of the international applications the applicants have the option to include in the Request Form one or more declarations containing standardized wording concerning certain matters on which documents or evidence are required for the purposes of the national law in one or more designated States:

The prescribed standardized text of each declaration and instructions on how to complete the declarations are provided in the Notes to the Request Form.

Thus, by including such declarations in the Request Form, the applicant can more easily satisfy various national Law requirements at the time of filing the international applications rather than waiting until the time for entry into the national phase for processing before the designated or elected Offices.

2. The Request Form has been modified in two ways in order to accommodate the new declarations:

- first, it includes a “ Declaration Box “ in which the applicant will be able to set forth the text of the declarations he will choose to make;

- second it includes a check list for the declarations.

Each declaration contained in the Request should start on separate sheet of the Declaration Box and additional sheets may be used to complete each declaration.

These sheets are optional – they should not be included in the Request if they are not used.

3. There will be a possibility for applicants to correct or add any of the above- mentioned declarations to the Request within 16 months from the priority date ( or, at latest, before completion of the technical preparations for international publications, new Rule 26 ter).

The new Forms PCT/RO/156 & PCT/IB/370 ( Invitation to Correct Declarations Made in the Request ) will be used by the Receiving Office and International Bureau where that Offices choose to invite the applicant to correct defects in a declarations made under the new Rule 4.17.

The new Form PCT/IB/371 ( Notification Relating to Declaration ) will be used by the International Bureau to notify applicants of the receipt of an addition or correction of a declaration within the applicable time limit or that the declaration was submitted after the applicable time limit.

4. In respect of all declarations except that as to non-prejudicial disclosures or exceptions to lack of novelty, an indication that any such declarations were filed will be included on the front page of the published international application.

Declarations regarding non-prejudicial disclosures or exceptions to lack of novelty will be published as part of the pamphlet.

In addition, the International Bureau will communicate, to each designated Office concerned, copies of any such declaration made for the purposes of the national phase processing of the international application before that Office ( new Rule 47.1 (a-ter)).

5. Indications concerning registered applicants and agents.

Where the applicant or agent is registered with the national Office acting as Receiving Office, the Request may indicate the number or other indication under which applicant or agent is so registered.

6. The amendments limit the ability of a designated Office to require the applicants to furnish a translation of a priority document to those cases where the validity of the priority claim is relevant to the determination of whether the claimed invention is patentable.

From January 11, 2001, the applicants in addition to the current system provided under the PCT Rule 13 ter for the furnishing of the sequence listing part of international application in computer readable form for the purposes only of the International Search and/or International Preliminary Examination, have the option

to file for the purposes of all steps of the international phase the sequence listings and/or tables only in computer readable form or both in computer readable form and in written form ( Administrative Instructions, New part 8, Section 801 ).

Applicants choosing one of the two above-mentioned options in respect of international applications containing large sequence listing will benefit from the fee incentive, which is further commented on below.

Where the sequence listing part of an international application is filed in electronic form under Section 801(a), the basic fee payable in respect of that application shall comprise the following two components:

- a basic component calculated as provided in the Schedule of Fees in respect of all pages filed on paper ( that is, all pages of the request, description ( excluding the sequence listing part if also filed on paper ), claims, abstract and drawings ), and

- an additional component, in respect of the sequence listing part, equal to 400 times the fee per sheet as referred to in item 1(b) of the Schedule of Fees, regardless of the actual length of the sequence listing part filed in computer readable form and regardless of the fact that the sequence listing part may have been filed both in written form and in computer readable form.

- Electronic carrier ( CD-ROM ) shall have a label permanently affixed thereto on which has been hand-printed, in block capitals or typed, the name of the applicant, the title of the invention, a reference number, the date on which the data were recorded, the computer operating system and the name of the competent Authority.

- The label shall also include the indication that the sequence listing part is filed under Section 801 (a).

- Where the sequence listing part in computer readable form is contained on more than one electronic carrier, the label also include the numbering of each such carrier (for example, “DISK 1/3”, “DISK 2/3”, “DISK 3/3”).

Were more than one copy of the sequence listing part in computer readable form has been filed, the label also include the numbering of each copy ( for example, “COPY 1”, “COPY 2”, “COPY 3”.

- Where any correction under Rule 26.3, any rectification of an obvious error under Rule 91, or any amendment under Article 34 is submitted in respect of the sequence listing part of an international application filed, under Section 801 (a) in computer readable form, a replacement sequence listing part in computer readable form containing the sequence listing part with the relevant correction, rectification or amendment shall be furnished and the label shall be marked accordingly ( for example, “ SUBMITTED FOR CORRECTION “, “ SUBMITTED FOR RECTIFICATION “, “ SUBMITTED FOR AMENDMENT “). Where the sequence listing part sheets containing the correction, rectification or amendment in question shall also be submitted in written form.

- Any sequence listing in computer readable form submitted in addition to the written sequence listing shall be identical to the written sequence listing and shall be accompanied by a statement that “ the information recorded in computer readable form is identical to the written sequence listing “.

For applicants who do not wish to file the sequence listing part of their international applications under this instructions, as in force from January 11, 2001, the current provisions will continue to apply, including the filing in written form only ( under Rule 5.2 ) and the subsequent furnishing, as provided under Rule 13 ter of the sequence listing parts in computer readable form but only for the purposes of international search and/or international preliminary examination.

In such cases the current system for calculating the basic fee payable, on the basis of the total number of sheets of the international application including the sequence listing part, will also continue to apply.

Were the sequence listing part of an international application was filed only in computer readable form under Section 801(a)(i), any designated Office which does not accept the filing of sequence listings in computer readable form may require that the applicant furnish to it, for the purposes of the national phase, a copy of such sequence listing part on paper in written form complying with the Administrative Instructions under the PCT ( Annex C ) and accompanied by a statement that the sequence listing part in written form is identical to the sequence listing part in computer readable form.

Amendments include:

1. Enhanced International Search and Preliminary Examination System. The main feature of that system is that one of the main elements of the present international preliminary examination procedure under Chapter II, namely, the establishment of an examiner’s opinion, will in effect be advanced and incorporated into the international search procedure under Chapter I. The International Search Authority will be responsible for establishing a preliminary and non-binding written opinion addressing the questions whether the claimed invention appears to be novel, to involve an inventive step an to be industrially applicable. That written opinion, established for the purpose of Chapter I, will be used for international preliminary examination under Chapter II, if the applicant requests such examination, the international search and international preliminary examination procedures being thus combined to a much greater extent than is the case at present.

2. Concept and operation of the designation system. Under the amended designation system, all international applications will contain an automatic coverage of all designations available under the Treaty. Express designations of States will no longer be needed. Furthermore, the applicant will no longer be required, at the time of filing, to choose certain kinds of protection is sought in respect of one or more designated States. Such matters will only need to be dealt with in connection with entry into the national phase.