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PCT Yearly Review - WIPO

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Section b<br />

performance of the pct system<br />

Figure B.2.4: Timeliness in transmitting <strong>PCT</strong> applications to the IB by time category and<br />

receiving office, 2012<br />

Within 4 weeks Between 5 - 8 weeks More than 8 weeks<br />

Distribution by time category (%)<br />

100<br />

75<br />

50<br />

25<br />

0<br />

99.7 99.3 98.0 97.7 97.5 96.9 94.7 93.8 92.4 90.7 85.8 82.9 82.9 71.1 65.3 36.7 29.0 26.0 16.8 0.3<br />

Share of <strong>PCT</strong> applications transmitted within 4 weeks (%)<br />

Denmark<br />

Israel<br />

Austria<br />

Japan<br />

United Kingdom<br />

Republic of Korea<br />

Sweden<br />

China<br />

European Patent Office<br />

Australia<br />

United States of America<br />

Receiving office<br />

Finland<br />

Netherlands<br />

International Bureau<br />

Canada<br />

Germany<br />

France<br />

Spain<br />

India<br />

Russian Federation<br />

Note: Timeliness is calculated as the time elapsed between the international filing date and the date on which the IB received the <strong>PCT</strong> application from the<br />

receiving office. Applications transmitted under <strong>PCT</strong> article 19.4 are excluded.<br />

Source: <strong>WIPO</strong> Statistics Database, March 2013<br />

B.3<br />

International<br />

Searching Authorities<br />

Each <strong>PCT</strong> application must undergo an international<br />

search carried out by an ISA. ROs have agreements<br />

with at least one but sometimes several ISAs that carry<br />

out international searches. Where an RO has an agreement<br />

with multiple ISAs, the <strong>PCT</strong> applicant must select<br />

one of them.<br />

B.3.1 International Search Reports by ISA and<br />

country of origin<br />

Table B.3.1 shows the distribution of ISRs by ISA from<br />

2008 to 2012. It also provides data, for each ISA, on the<br />

number of ISRs established for the three main origins<br />

that selected them.<br />

In 2012, the EPO remained the most selected ISA, with<br />

38.5% of all ISRs issued, followed by the JPO (21.5%)<br />

and KIPO (14.1%).<br />

Once the ISA has performed the search, the applicant<br />

receives an ISR containing a list of documents relevant for<br />

assessing the patentability of the invention. The ISA also<br />

establishes a written opinion giving a detailed analysis of<br />

the potential patentability of the invention in light of the<br />

documents found in the search.<br />

In 2012, 15 national patent offices or regional organizations<br />

were acting as ISAs with the Israel Patent Office<br />

beginning to operate as an ISA on June 1, 2012. 28<br />

The office of the Russian Federation doubled (+105.5%)<br />

the volume of ISRs it issued in 2012, mainly because of<br />

the number of US applications received, which was 61<br />

times higher in 2012 (1,355 ISRs issued) than in the previous<br />

year (22 ISRs issued), representing 56% of the ISRs<br />

issued by this ISA. With respective increases of 15.2%<br />

and 12.8% on 2011, SIPO and JPO also experienced<br />

substantial growth in ISRs issued.<br />

28 The national patent offices of Chile, Egypt and<br />

India have been appointed as ISAs (bringing to 18<br />

the total number of ISAs); however, these offices<br />

had not commenced operations in 2012 (the office<br />

of Egypt will began operating on April 1, 2013).<br />

67

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