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ARTICLE · 31 JANUARY 2022

PCT Direct Procedure - Opportunity To Comment On International Application

J A Kemp
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The EPO operates a PCT service, PCT Direct, available to PCT applications which...

United KingdomIntellectual Property
Mark Roberts
Mark Roberts
Peter Silcock
Peter Silcock
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The EPO operates a PCT service, PCT Direct, available to PCT applications which:

  • name the European Patent Office as International Searching Authority; and
  • claim priority from an earlier patent application which was searched by the EPO.  

If a new PCT application fulfils both of these criteria, the Applicant may file a “PCT Direct letter” providing informal comments with the application. The Search Examiner is obliged to consider those comments when preparing the International Search Report and the Written Opinion on patentability.

The PCT Direct letter should discuss the patentability of the subject matter claimed in the PCT application. It may also explain any modifications made to the application in comparison to the priority application. The PCT Direct procedure therefore provides the Applicant with an opportunity to argue in favour of the patentability of the claimed subject matter at an early stage in the international phase and without the need to

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