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ARTICLE · 28 AUGUST 2012

Making Third Party Observations At The International Phase Of A PCT Application

Since July 2, 2012, third parties can submit prior art observations during the International Phase of an application under the Patent Cooperation Treaty (PCT).

CanadaIntellectual Property

Since July 2, 2012, third parties can submit prior art observations during the International Phase of an application under the Patent Cooperation Treaty (PCT). These observations refer to prior art which the third party believes to be relevant to the patentability of the International Application solely for reasons of novelty and/or inventive step. Third party observations can be submitted at any time starting from the date of publication of the International Application until its 28-month expiration from the priority date. They must be filed at the International Bureau (IB). No official fee is associated with this service at this time.

Each observation may contain up to ten (10) prior art references. Each observation should point to specific passages of the identified prior art and contain a brief description of their relevance. The filing can only be done electronically through ePCT or PATENTSCOPE, and submissions may be made anonymously, if desired.

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