[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Rules and Regulations]
[Pages 28053-28054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12764]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Part 1

[Docket No.: 010202029-1112-02]
RIN 0651-AB35


Revision of Patent Cooperation Treaty Application Procedure; 
Correction

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule; correction.

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SUMMARY: The United States Patent and Trademark Office (Office) 
published a final rule in the Federal Register of March 22, 2001, 
revising the rules of practice relating to applications filed under the 
Patent Cooperation Treaty (PCT) to conform the United States rules of 
practice to the PCT Regulations that became effective on March 1, 2001. 
This document corrects three errors in that final rule.

EFFECTIVE DATE: March 22, 2001.

FOR FURTHER INFORMATION CONTACT: Charles Pearson, Director, Office of 
PCT Legal Administration, by telephone at (703) 306-4145; or by mail 
addressed to: Box PCT, Commissioner for Patents,

[[Page 28054]]

Washington, DC 20231; or by facsimile to (703) 308-6459, marked to the 
attention of Charles Pearson.

SUPPLEMENTARY INFORMATION: The Office published a final rule in the 
Federal Register of March 22, 2001 (66 FR 16004), entitled ``Revision 
of Patent Cooperation Treaty Application Procedure.'' This document 
corrects errors in Secs. 1.494(c)(2), 1.495(c)(2), and 1.497(a)(1).
    Specifically, Secs. 1.494(c)(2) and 1.495(c)(2) as revised in the 
above final rule inadvertently omitted the provisions that:

    The payment of the processing fee set forth in Sec. 1.492(f) is 
required for acceptance of an English translation later than the 
expiration of 20 [or 30] months after the priority date. The payment 
of the surcharge set forth in Sec. 1.492(e) is required for 
acceptance of the oath or declaration of the inventor later than the 
expiration of 20 [or 30] months after the priority date. A 
``Sequence Listing'' need not be translated if the ``Sequence 
Listing'' complies with PCT Rule 12.1(d) and the description 
complies with PCT Rule 5.2(b).

    Section 1.497(a)(1) as revised in the above final rule 
inadvertently omitted the section symbols before the reference to 
Secs. 1.66 or 1.68.

    In rule FR Doc. 01-7132, published on March 22, 2001 (66 FR 16004), 
make the following corrections:
    1. On page 16006, in the second column, in Sec. 1.494, in paragraph 
(c)(2), add the following sentences to the end thereof:


Sec. 1.494  Entering the national stage in the United States of America 
as a designated office.

* * * * *
    (c) * * *
    (2) * * * The payment of the processing fee set forth in 
Sec. 1.492(f) is required for acceptance of an English translation 
later than the expiration of 20 months after the priority date. The 
payment of the surcharge set forth in Sec. 1.492(e) is required for 
acceptance of the oath or declaration of the inventor later than the 
expiration of 20 months after the priority date. A ``Sequence Listing'' 
need not be translated if the ``Sequence Listing'' complies with PCT 
Rule 12.1(d) and the description complies with PCT Rule 5.2(b).
* * * * *
    2. On page 16006, in the third column, in Sec. 1.495, in paragraph 
(c)(2), add the following sentences to the end thereof:


Sec. 1.495  Entering the national stage in the United States of America 
as an elected office.

* * * * *
    (c) * * *
    (2) * * * The payment of the processing fee set forth in 
Sec. 1.492(f) is required for acceptance of an English translation 
later than the expiration of 30 months after the priority date. The 
payment of the surcharge set forth in Sec. 1.492(e) is required for 
acceptance of the oath or declaration of the inventor later than the 
expiration of 30 months after the priority date. A ``Sequence Listing'' 
need not be translated if the ``Sequence Listing'' complies with PCT 
Rule 12.1(d) and the description complies with PCT Rule 5.2(b).
* * * * *


1.497  [Corrected]

    3. On page 16006, in the third column, in Sec. 1.497, in paragraph 
(a)(1), line 2, correct ``either 1.66 or 1.68'' to read ``either 
Secs. 1.66 or 1.68''.

    Dated: May 15, 2001.
Nicholas P. Godici,
Acting Under Secretary of Commerce for Intellectual Property and Acting 
Director of the United States Patent and Trademark Office.
[FR Doc. 01-12764 Filed 5-21-01; 8:45 am]
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