Best Practices for docketing PCT

Here are a few thoughts about Best Practices for docketing and the Patent Cooperation Treaty.

(Thanks to alert reader Lynn F. McMiller who pointed out a typo in the article.  Lynn will be receiving a free copy of the Bodenhausen book.)

(By the way, if you have not already done so, I suggest you sign up for the Nineteenth Annual AIPLA PCT Seminar, which is a week and a half from now.  See this blog article for details.)

First, of course if there was a priority application, you need to docket 12 months from the priority application for international filing.

When the PCT application is filed, docket a week or two to check for these forms:

  • Form PCT/RO/105, which memorializes the filing date and application number
  • Form PCT/RO/102, which memorializes that proper fees were paid
  • Form PCT/IB/301, which memorializes that the International Bureau has received the Record Copy from the RO
  • Form PCT/IB/304, which memorializes that the International Bureau has received the certified copy of the priority document
  • Form PCT/ISA/202, which memorializes that the International Searching Authority has received the Search Copy.

Also docket P+22 (priority date plus 22 months) for filing of a Demand and Article 34 amendment, and docket P+30 for entry into the national phase.

After Form PCT/IB/301 arrives, check to make sure that you have access to the PCT application in the ePCT system.

After Form PCT/ISA/202 arrives, docket three months to check for receipt of the International Search Report and the Written Opinion (ISR/WO).

When the ISR/WO arrives, use the Time Line in ePCT to work out when the Article 19 amendment is due and when the Demand is due.  Docket those dates.

This is not a complete list of all things that you might docket.  Nor is this legal advice.


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