2020-01765: Facilitating the Use of WIPO's ePCT System To Prepare International Applications for Filing With the United States Receiving Office

Summary

The United States Patent and Trademark Office (USPTO or Office) is proposing to amend the foreign filing license rules to facilitate use of ePCT (a World Intellectual Property Organization (WIPO) online web-based service) to prepare an international application for filing with the USPTO in its capacity as a Receiving Office under the Patent Cooperation Treaty (PCT). ePCT offers many benefits to users, including real time up-to-date validation features to help users properly complete the PCT Request. ePCT resides on WIPO's servers abroad and is accessed via an internet browser on the user's system. While the current foreign filing license rules would authorize the export of technical data to ePCT for purposes of preparing an international application for filing in a foreign PCT Receiving Office, the current rules do not authorize the export of technical data to ePCT for purposes of preparing an international application for filing with the USPTO as a Receiving Office. The USPTO is thus proposing to amend the foreign filing license rules to provide that a foreign filing license from the USPTO would authorize the export of technical data abroad for purposes relating to the use of ePCT to prepare an international application for filing with the USPTO in its capacity as a Receiving Office under the PCT.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

• 37 CFR 5 Secrecy of Certain Inventions and Licenses to Export and File Applications in Foreign Countries