The Email record of applicant between

 The Officer PCT-International Bureau of Wipo

Nov. 11-15, 2003

Dear
Eva Schumm,
     Your replied was waste time and i long for that you must reply directly,  below: 

1.  I had asked you to reply me with formal official document as spoken in your Email that "contact the designated/elected    Office yourself "  Where is the appearance in the PCT law ?
★Reply directly:   Where is the appearance in the PCT law ?   Article ______?   

2. And you must affirm that you never received such the national fees of designated/elected Office of enter the national/regional phase from any PCT application in your official document!
★Reply directly:   Is it a yes or a no.

3. And you must to reply me after the applicant had paid the designation fee and confirmation when the received office and PCT International Bureau to make what for applicant?
★Reply directly:  What did you worked?

4.   If applicant contacting the designated/elected Office by himself, what difference does it make if the applicant does not paid the designation fee and confirmation?  Why does PCT need the national-paragraph law then?
★Reply directly:  What is the difference?

     I emphasized once again, it is the responsibility of legal and the responsibility come from your morals and please reply to my four question with the PCT official document by this week.

PCT/SG03/00145
applicant
Lin Zhen-man

----- Original Message -----
From: "Pct.Infoline" <pct.infoline@wipo.int>
To: <ycec@163.net>
Cc: <CHIG_Kam_Tack@ipos.gov.sg>; <Isabe_CHNG@ipos.gov.sg>; <Jennifer_CHEN@ipos.gov.sg>; <TAN_Kar_Leng@ipos.gov.sg>; "Anjali Aeri" <anjali.aeri@wipo.int>; "Matthew Bryan" <matthew.bryan@wipo.int>; "Ting Zhao" <ting.zhao@wipo.int>
Sent: Friday, November 14, 2003 10:49 PM
Subject: QUERY - Lin - Information on National Phase Entry - Reply

Dear Mr. Lin,

In response to your e-mail reproduced below, I would like to clarify the following:

As indicated in my previous e-mail, the legal provisions for national phase entry are Articles 22(1) and 39(1).

Designation fees are payable to the receiving Office upon filing the international application.  As already explained to you in the fax of my colleague, Ms. Aeri, of August 11, 2003, the designation fees are not paid for the purpose of entry into the national phase but as a condition for the processing of the international application during the international phase.  They are independent of any national official fees for national phase entry.  Official national fees must be paid later and to the national Offices of the designated States where the applicant wants to enter the national phase (independently and in addition to the designation fees already paid to the receiving Office). 

As to "confirmation"fees referred to in your previous correspondence, please note that where designations were omitted (forgotten) at the time of filing the international application, such omissions may subsequently be corrected by way of confirmation of so-called "precautionary designations" together with the payment of the applicable designation fee(s) and confirmation fee(s) (50% of the designation fee) (Rule 4.9(c)(ii)) (PCT Rule 4.9(b) and (c)).  However, the system of precautionary designations and payment of confirmation fees is not relevant, where the applicant did not omit any designations.  In particular, no confirmation fees are payable where all possible designations have already been made. 

Where the applicant has not paid to the receiving Office any designation fees within the prescribed time limits, the Office invites the applicant to pay to it, within one month from the date of the invitation, the due amounts, together with, a late payment fee (PCT Rules 16bis.1(a) and (b)).  If after this one month time limit the receiving Office finds that the prescribed fees have still not been paid, the international application is considered withdrawn and the receiving Office so declares (PCT Article 14(3)(a)) and Rule 16bis.1(c)).

Where the national fees for national phase entry have not been paid to the designated Office within the time limit for national phase entry, the international application normally looses its effects in the designated State concerned.

As to any "official document" referred to in your e-mail, please note that Form PCT/IB/301, which is an official notification and which you have received, indicates clearly that it is the applicant's responsibility to enter the national phase.

I hope that this information is helpful to you.

Yours sincerely,

Eva Schumm
Head, PCT Information Services Section
PCT Legal Service

>>> "ycec" <ycec@163.net> 11/13/03 02:34PM >>>
Dear
Eva Schumm,
 
1.  I had asked you to reply me with formal official document as spoken in your Email that "contact the designated/elected  Office yourself "  Where is the appearance in the PCT law ?
2. And you must affirm that you never received such the national fees of designated/elected Office of enter the national/regional phase from any PCT application in your official document!
3. And you must to reply me after the applicant had paid the designation fee and confirmation when the received office and PCT International Bureau to make what for applicant*
4. If applicant contacting the designated/elected Office by himself, what difference if the applicant does not paid the designation fee and confirmation?  Why does PCT need the national-paragraph law then?

      The responsibility of legal and responsibility come from your morals and please reply to my four problems with the PCT official document by this week.

PCT/SG03/00145
applicant Lin Zhen-man

----- Original Message -----
From: <TAN_Kar_Leng@ipos.gov.sg>
To: <Izmyc@singnet.com.sg>
Cc: <ycec@163.net>; <hcec@szonline.net>; "Pct.Infoline" <pct.infoline@wipo.int>
Sent: Wednesday, November 12, 2003 9:02 AM
Subject: Information on National Phase Entry

> Dear Mr Lin
>
> Enclosed herewith is an e-mail from PCT, replying to your enquiry.
>
> The original e-mail was sent to you on 11 Nov 2003 but it could not be
> transmitted. As such, PCT has requested
> for this e-mail to be forwarded to you for your necessary action.
>
> On a separate note, with reference to your e-mail dated 11 Nov 2003, please
> be informed that:-
> - we have already written to the Austrian Patent Office on 7 Nov 2003,
> asking them to address your concerns; and
> - cc. this letter to you, which was posted to your mailing address.
>
> Regards
> Kar Leng
> Patents
> Intellectual Property Office of Singapore
> __________________________________
> "LIGHTING UP YOUR CREATIVITY"
> Visit us at http://www.ipos.gov.sg/
>
> CONFIDENTIALITY CAUTION: This message is intended only for the use of the
> party to whom it is addressed and may contain information that is
> privileged and confidential.
> You should not use, copy, disseminate it for any purpose, or otherwise
> disclose its contents to any other person. Thank you.
>
> ----- Forwarded by Kar Leng TAN/IPOS/SINGOV on 12/11/2003 08:34 AM -----
>                                                                                                                                  
 "Pct.Infoline"      <pct.infoline@wi         To:      <Izmyc@singnet.com.sg>      po.int>   

cc:      Kar Leng TAN/IPOS/SINGOV@SINGOV, "Matthew Bryan"                         
<matthew.bryan@wipo.int>, "pctlArchive" <pctlarchive@wipo.int>, "Ting Zhao"       
 11/11/2003 10:58         <ting.zhao@wipo.int>   PM             

 Subject: Information on National Phase Entry                                      
>                                                                                                                                  
> Dear Mr. Lin,
>
> My colleague, Mr. Ting Zhao, has informed me that you called him to inquire
> about national phase entry and he asked me to provide the relevant
> information.
>
> As explained in my e-mail of October 13, 2003, in the facsimile of Ms. Aeri
> of August 11, 2003 and by IPOS, and as indicated in the Notes to the
> notification of receipt of record copy (Form PCT/IB/301), it is the
> applicant's responsibility to decide whether to enter the national phase
> and if he decides to do so, in which countries.  If you decide to enter the
> national phase, you will have to perform yourself the acts necessary to
> obtain a patent before (each of) the Office(s) concerned within certain
> prescribed time limits.  A table of time limits for entering the
> national/regional phase under Chapters I and II is available at (
> http://www.wipo.int/pct/en/texts/pdf/time_limits.pdf).
>
> To enter the national/regional phase you must, before the expiration of the
> applicable time limit, contact the designated/elected Office yourself and
> perform the acts required under Article 22(1) or 39(1)--this means file
> translations of your international application (where necessary) and paying
> the national filing fees.  For more information on the applicable time
> limits and the requirements for each national/regional Office, see the
> annexes to Volume II of the PCT Applicant's Guide
> http://www.wipo.int/pct/en/index.html) for each designated Office.  Note
> that such national fees, payable to the designated Offices in connection
> with entry into the national phase are payable independently of the
> designation fees which are payable to the receiving Office for the
> processing of the application during the international phase.  Apart from
> the basic requirements of translations and fees, once the processing of the
> international application has started in a designated/elected Office, some
> special requirements may also need to be complied with before the Office(s)
> concerned (see PCT Article 27 and PCT Rule 51bis).
>
> In general, filing patent applications (in particular international
> applications under the PCT) requires a good understanding of the procedures
> and a knowledge of the patent laws of the countries in which patents are
> sought and we therefore strongly recommend that you use the services of an
> experienced patent attorney for that purpose.
>
> Yours sincerely,
>
> Eva Schumm
> Head, PCT Information Services Section
> PCT Legal Service
Dear
Eva Schumm,
 
1.  I had asked you to reply me with formal official document as spoken in your Email that "contact the designated/elected  Office yourself "  Where is the appearance in the PCT law ?
2. And you must affirm that you never received such the national fees of designated/elected Office of enter the national/regional phase from any PCT application in your official document!
3. And you must to reply me after the applicant had paid the designation fee and confirmation when the received office and PCT International Bureau to make what for applicant

4. If applicant contacting the designated/elected Office by himself, what difference if the applicant does not paid the designation fee and confirmation?  Why does PCT need the national-paragraph law then?

      The responsibility of legal and responsibility come from your morals and please reply to my four problems with the PCT official document by this week.

PCT/SG03/00145
applicant Lin Zhen-man

----- Original Message -----
From: <TAN_Kar_Leng@ipos.gov.sg>
To: <Izmyc@singnet.com.sg>
Cc: <ycec@163.net>; <hcec@szonline.net>; "Pct.Infoline" <pct.infoline@wipo.int>
Sent: Wednesday, November 12, 2003 9:02 AM
Subject: Information on National Phase Entry

> Dear Mr Lin
>
> Enclosed herewith is an e-mail from PCT, replying to your enquiry.
>
> The original e-mail was sent to you on 11 Nov 2003 but it could not be
> transmitted. As such, PCT has requested
> for this e-mail to be forwarded to you for your necessary action.
>
> On a separate note, with reference to your e-mail dated 11 Nov 2003, please
> be informed that:-
> - we have already written to the Austrian Patent Office on 7 Nov 2003,
> asking them to address your concerns; and
> - cc. this letter to you, which was posted to your mailing address.
>
> Regards
> Kar Leng
> Patents
> Intellectual Property Office of Singapore
> __________________________________
> "LIGHTING UP YOUR CREATIVITY"
> Visit us at http://www.ipos.gov.sg/
>
> CONFIDENTIALITY CAUTION: This message is intended only for the use of the
> party to whom it is addressed and may contain information that is
> privileged and confidential.
> You should not use, copy, disseminate it for any purpose, or otherwise
> disclose its contents to any other person. Thank you.
>
> ----- Forwarded by Kar Leng TAN/IPOS/SINGOV on 12/11/2003 08:34 AM -----
>                                                                                                                                  
"Pct.Infoline"   <pct.infoline@wi         To:      <Izmyc@singnet.com.sg>     po.int>         

 cc:      Kar Leng TAN/IPOS/SINGOV@SINGOV, "Matthew Bryan"                         
 <matthew.bryan@wipo.int>, "pctlArchive" <pctlarchive@wipo.int>, "Ting Zhao"       
11/11/2003 10:58         <ting.zhao@wipo.int>     PM           

Subject: Information on National Phase Entry                                      
>
> Dear Mr. Lin,
>
> My colleague, Mr. Ting Zhao, has informed me that you called him to inquire
> about national phase entry and he asked me to provide the relevant
> information.
>
> As explained in my e-mail of October 13, 2003, in the facsimile of Ms. Aeri
> of August 11, 2003 and by IPOS, and as indicated in the Notes to the
> notification of receipt of record copy (Form PCT/IB/301), it is the
> applicant's responsibility to decide whether to enter the national phase
> and if he decides to do so, in which countries.  If you decide to enter the
> national phase, you will have to perform yourself the acts necessary to
> obtain a patent before (each of) the Office(s) concerned within certain
> prescribed time limits.  A table of time limits for entering the
> national/regional phase under Chapters I and II is available at (
> http://www.wipo.int/pct/en/texts/pdf/time_limits.pdf).
>
> To enter the national/regional phase you must, before the expiration of the
> applicable time limit, contact the designated/elected Office yourself and
> perform the acts required under Article 22(1) or 39(1)--this means file
> translations of your international application (where necessary) and paying
> the national filing fees.  For more information on the applicable time
> limits and the requirements for each national/regional Office, see the
> annexes to Volume II of the PCT Applicant's Guide
> http://www.wipo.int/pct/en/index.html) for each designated Office.  Note
> that such national fees, payable to the designated Offices in connection
> with entry into the national phase are payable independently of the
> designation fees which are payable to the receiving Office for the
> processing of the application during the international phase.  Apart from
> the basic requirements of translations and fees, once the processing of the
> international application has started in a designated/elected Office, some
> special requirements may also need to be complied with before the Office(s)
> concerned (see PCT Article 27 and PCT Rule 51bis).
>
> In general, filing patent applications (in particular international
> applications under the PCT) requires a good understanding of the procedures
> and a knowledge of the patent laws of the countries in which patents are
> sought and we therefore strongly recommend that you use the services of an
> experienced patent attorney for that purpose.
>
> Yours sincerely,
>
> Eva Schumm
> Head, PCT Information Services Section
> PCT Legal Service