The World Intellectual Property Organization (WIPO) has recently issued several updates concerning PCT practices, covering fee payment deadlines, representation requirements, and changes to electronic filing channels. These adjustments hold significant implications for international patent application procedures.
China: Clarification on National Phase Fee Payment Deadlines
The China National Intellectual Property Administration (CNIPA), acting as a designated (or elected) office, has specified the fee payment deadline requirements for PCT applications entering the Chinese national phase.
According to the notice, filing fees for patents and utility models, as well as publication fees for patent applications, must be paid within the time limit prescribed under Article 22 or Article 39(1) of the Patent Cooperation Treaty, i.e., within 30 months from the priority date. Additional filing fees for patents and utility models, if not paid together with the aforementioned fees, may be paid after CNIPA issues a payment notice.
Malta: Detailed Representation Requirements for PCT Applications
The Industrial Property Registrations Directorate of the Ministry for Commerce, Enterprise and Industrial Strategy of Malta has clarified its requirements for appointing representatives before the Maltese Patent Office acting as a PCT Receiving Office. The Office has confirmed that applicants residing in an EU Member State or a state party to the Agreement on the European Economic Area are not required to appoint a representative. Applicants not residing in the aforementioned regions must appoint a local representative to handle relevant matters.
This rule is particularly important for non-EU companies and applicants, who should make necessary representation arrangements in advance to avoid procedural obstacles due to eligibility issues.
Poland: Change of Electronic Filing Channel for PCT Applications
The Polish Patent Office has also announced a significant change regarding electronic filing channels. According to the notice, effective 1 August 2026, the Office will no longer accept international applications or related documents and correspondence filed through the European Patent Office's online filing system (eOLF). Thereafter, only electronic filings submitted via WIPO's official ePCT system will be accepted.
This change requires relevant agents and enterprises to adjust their filing procedures and system configurations in advance to ensure smooth operations after the new rules take effect.
Source:https://www.wipo.int/documents/d/pct-system/docs-en-official-notices-officialnotices.pdf#page=78