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1865.01 The European Patent Office as an International Preliminary Examining Authority - 1800 Patent Cooperation Treaty

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1865.01 The European Patent Office as an International Preliminary Examining Authority [R-1]

NOTICE FROM THE EUROPEAN PATENT OFFICE DATED NOVEMBER 26, 2001 CONCERNING LIMITATION OF THE EPO'S COMPE- TENCE AS A PCT AUTHORITY

The European Patent Office is not a competent authority within the meaning of PCT Article 16(3)(b) and PCT Article 32(3), and will not carry out international preliminary examination in respect of any international application filed by a national or resident of the United States of America with the USPTO or the IB as receiving Office where the corresponding demand is filed with the EPO on or after March 1, 2002 and the application contains one or more claims relating to:

(A)    the field of biotechnology as defined by the following units of the International Patent Classification:

C 12 M	Apparatus for enzymology or microbiology
C 12 N	Micro-organisms or enzymes; compositions thereof
C 12 P	Fermentation or enzyme-using processes to synthesise a desired chemical compound or composition or to separate optical isomers from a racemic mixture
C 12 Q	Measuring or testing processes involving enzymes or micro-organisms; compositions or test papers therefor; processes of preparing such compositions; condition-responsive control in microbiological or enzymological processes
C 07 K	Peptides
G 01 N 33/50 (including subdivisions)	Chemical analysis of biological material, e.g. blood, urine; testing involving biospecific ligand binding methods; immunological testing
A 61 K 39	Medicinal preparations containing antigens or antibodies
A 61 K 48	Medicinal preparations containing genetic material which is inserted into cells of the living body to treat genetic diseases; Gene therapy
A 01 H	New plants or processes for obtaining them; plant reproduction by tissue culture techniques

For information, U.S. classes covering the corresponding subject matter are listed below:

	424	Drug, bio-affecting and body treating compositions
	435	Chemistry: molecular biology and microbiology
	436	Chemistry: analytical and immunological testing
	514	Drug, bio-affecting and body treating compositions
	530	Chemistry: natural resins or derivatives; peptides or proteins; lignins or reaction products thereof
	536	Organic compounds-part of the class 532-570 series
	800	Multicellular living organisms and unmodified parts thereof
	930	Peptide or protein sequence

(B)    the field of business methods as defined by the following units of the International Patent Classification:

G 06 F 17/60

Digital computing or data processing equipment or methods, specially adapted for specific functions: administrative, commercial, managerial, supervisory or forecasting purposes. To the extent that the application falls under above mentioned subgroup but does not relate to business methods the EPO' s competence is not affected.

For information, the U.S. class covering the corresponding subject matter is listed below:

705	Data processing: financial, business practice, management, or cost/price determination

(C)    the field of telecommunication as defined by the following unit of the International Patent Classification:

H 04	Electric communication technique with the exception of H04N: Pictorial communication, e.g. television

For information, the U.S. classes covering the corresponding subject matter are listed below:

	370	Multiplex communications
	375	Pulse or digital communications
	379	Telephonic communication
	380	Cryptography
	381	Electrical audio signal processing systems and devices
	455	Telecommunications

Demands for international preliminary examination submitted to a non-competent authority are subject to PCT Rule 59.3. Applicants filing demands with the EPO in applications directed to the above subject matter will receive a notice from the EPO indicating that the demand is being forwarded to the IPEA/US under PCT Rule 59.3(f). Any fees paid by the applicant to the EPO will be refunded to the applicant. Applicants have one month from the date of receipt of the demand transmitted to the IPEA under PCT Rule 59.3 to pay the handling fee (PCT Rule 57 and 37 CFR 1.482(b)) and the preliminary examination fee (PCT Rule 58 and 37 CFR 1.482(a)). See PCT Rules 57.3 and 58.1(b).<

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