PCT AG-IP 5.188 What fee reductions are available?

5.188.   What fee reductions are available? An applicant who is a natural person and who is a national of and resides in a State that is listed as being a State whose per capita gross domestic product is below 25,000 US dollars (according to the most recent 10-year average per capita gross domestic product figures at constant 2005 US dollars values published by the United Nations), and whose nationals and residents who are natural persons have filed less than 10 international applications per year (per million population) or less than 50 international applications per year (in absolute numbers) according to the most recent five-year average yearly filing figures published by the International Bureau is entitled, in accordance with the Schedule of Fees, item 4, to a reduction of 90% of the international filing fee.  In addition, an applicant who qualifies for the 90% reduction in the international filing fee will not have to pay the transmittal fee in respect of an international application filed with the International Bureau as receiving Office. The same applies (i.e. the 90% reduction in the international filing fee and no transmittal fee to be paid if filing is made with the International Bureau as receiving Office) for an applicant, whether a natural person or not, who is a national of and resides in a State that is listed as being classified by the United Nations as a least developed country.  If there are several applicants, each must satisfy one or the other of the above-mentioned criteria. The reduction of those fees will be automatically available to any applicant so entitled on the basis of the indications of name, nationality and residence given in the request. The fee reduction will be available even if one or more of the applicants are not from PCT Contracting States, provided that each of them satisfies the above-mentioned criteria and that at least one of them is a national or resident of a PCT Contracting State and thus is entitled to file an international application. Information about PCT Contracting States whose nationals and residents are entitled to a reduction of 90% of the international filing fee, is contained in Annex C and, in particular Annex C (IB). As far as other States are concerned, inquiries should be addressed to the International Bureau. It is to be noted that, if both the reduction for electronic filing of an international application and the 90% reduction of the international filing fee are applicable, the 90% reduction is calculated after the reduction for electronic filing of an international application.

Rule 89bis
89ter
Sections 702
707

5.189.   An applicant who files an international application is entitled to a reduction in the international filing fee provided that the international application is filed in electronic form with a receiving Office which is prepared to accept the filing of international applications in electronic form and in compliance with Part 7 and Annex F of the Administrative Instructions or the basic common standard.

The reduction is 100 Swiss francs or the equivalent where the request and the text of the description, claims and abstract are not in character coded format, 200 Swiss francs or the equivalent where the request is in character coded format and the text of the description, claims and abstract is not in character coded format and is 300 Swiss francs or the equivalent where the request and the text of the description, claims and abstract are in character coded format.

5.190.   The international search fee payable to the Austrian Office, the European Patent Office (EPO) and the Spanish Patent and Trademark Office, as well as the preliminary examination fee payable to the Austrian Office and the EPO, are reduced by 75% under certain conditions (see Annexes D and, where applicable, E).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 24 November 2017

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PCT Implementing Rules