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PCT Yearly Review - WIPO

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Section b<br />

performance of the pct system<br />

B.5.2 Timeliness in transmitting IPRPs<br />

Similar to the establishment of search reports (see B.3.2),<br />

the <strong>PCT</strong> regulations set a time limit for establishing the<br />

IPRP: 28 months from the priority date; six months from<br />

the start of the preliminary examination; or six months<br />

from the date of receipt of the translated application<br />

document by the IPEA (where relevant) – whichever time<br />

limit expires latest.<br />

In practice, most applicants enter the <strong>PCT</strong> national phase<br />

immediately before the expiration of the time limit set by<br />

the <strong>PCT</strong>, that is, 30 months from the priority date. The<br />

establishment of IPRPs before 28 months from the priority<br />

date is therefore intended to give applicants two months,<br />

in principle, to evaluate the IPRP and consider its impact<br />

on the decision to enter the <strong>PCT</strong> national phase.<br />

Figure B.5.2 presents information on average timeliness in<br />

transmitting IPRPs to the IB. Timeliness here is measured<br />

using the date the IB receives reports, rather than the date<br />

on which the reports were established. The measurement<br />

may thus be influenced by transmittal times.<br />

Average time in transmitting IPRPs has markedly increased<br />

over the past decade. Since 2001, the delay in<br />

transmitting IPRPs has almost constantly increased. The<br />

only two exceptions were 2008 and 2012.<br />

In 2012, the average time taken to transmit IPRPs decreased<br />

by about one month: from 31.6 months in 2011<br />

to 30.5 in 2012.<br />

Figure B.5.2: Average timeliness in transmitting IPRPs to the IB<br />

32<br />

Average timeliness in transmitting IPRPs<br />

31<br />

Months<br />

30<br />

29<br />

28<br />

27<br />

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012<br />

Year<br />

Note: Timeliness is calculated as the time elapsed between the priority date and the date on which the IB received the IPRP from the IPEA.<br />

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

75

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