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48
B.15 Timeliness in transmitting IPRPs
Similar to the establishment of search reports, the PCT rules set a time limit for establishing the IPRP: 28
months from the priority date; six months from the start of the preliminary examination; or six months from
the date of receipt of the translated application document by the IPEA (where relevant) – whichever time
limit expires last.
In practice, most applicants enter the PCT national phase immediately before the expiration of the time limit
set by the PCT, that is, 30 months from the priority date. The establishment of IPRPs before 28 months from
the priority date therefore leaves applicants two months, in principle, to decide on PCT national phase entry.
Figure B.15a presents information on timeliness in transmitting IPRPs to the IB. Timeliness here is measured
using the date the IB receives reports, rather than the date the reports were established. The measurement
may thus be influenced by transmittal delays.
Figure B.15a: Timeliness in transmitting IPRPs
< 29 months between 29 - 30 months between 31 - 32 months > 32 months
Share of IPRPs transmitted within less than 29 months (%)
82.5 82.2 78.7 69.5 67.8 60.5 61.8 64.0 70.8 71.4 70.7
100
Distribution by Delays (%)
75
50
25
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Year
Source: WIPO Statistics Database
> Timeliness in transmitting IPRPs improved from 2006 to 2009. Whereas the share of IPRPs transmitted
within less than 29 months remained almost stable in 2010 compared to the previous year, the share of
IPRPs transmitted after 32 months increased by 3.2%.
Figure B.15b presents the same timeliness information as the above figure for 2010, but provides a
breakdown by IPEA.
Figure B.15b: Timeliness in transmitting IPRPs by IPEA
Distribution by Delays (%)
100
75
50
25
< 29 months between 29 - 30 months between 31 - 32 months > 32 months
Share of IPRPs transmitted within less than 29 months (%)
81.3 30.0 69.4 84.0 84.8 89.9 86.2 79.4 49.2 53.2 88.2 96.3 13.8
0
Australia
Austria
Canada
China
European Patent Office
Finland
Japan
Nordic Patent Institute
Republic of Korea
Russian Federation
Spain
Sweden
United States of America
Office
Source: WIPO Statistics Database
> Delays in transmitting IPRPs vary substantially from office to office. This may be due to a number of contributing
factors, such as workload and exchanges between the IPEA and the applicant before establishing
the IPRP.