IN-PCT wrong application/filing date

[SIP_Nothen]

Hello everyone,

in the past I discovered a problem with MX-PCT applications.
Probably every MX-PCT was affected by this problem.
The application date was wrong.
I reported this error and after some clarification the EPO fixed this issue.

I discovered the same problem with IN-PCT applications.
The application date is wrong again.
I also reported this error, but after I did some explanation I didnt get any answer or feedback.
I send some examples and only those were corrected.
But the problem is that probably every IN-PCT is affected.
(not just my examples)

Now here are some more examples:
IN 5045DEN2015 A
IN 629DEN2015 A
IN 571DEN2015 A
IN 1243DEN2015 A

A closer look at the first example: IN 5045DEN2015 A
https://worldwide.espacenet.com/publica ... cale=en_EP

The shown application date:
10.06.2015

In my opinion this date is not correct and the correct date should be:
08.08.2014

Is there a way for the EPO to correct all the application dates?
Or am I wrong with my assumption?

Thanks in advance for some information or feedback on this issue!

[EPO / OPS Support]

Hi,

I am sorry if your request was not processed as you've requested, but I don't recall getting any emails about wrong application dates of IN and usually my department would be in charge of looking into this. If you have such requests please send them directly to patentdata@epo.org in the future.

As far as IN PCT national entries you've mentioned in your thread;
- Indian office uses same date as we do (which is clear, because we receive data from them and we have to load it as we received it), so they use date of national entry of this PCT into IN national phase as an application date for your example IN5045DEN2015, which is 10 June 2015.
http://ipindiaonline.gov.in/patentsearc ... T8RKeYWg==
- date that you are referring to is official application data of international filing of the PCT/JP2014/071030.

I didn't look at all your cases, but I presume they are the same. We will always use date of entry into national phase as application date for PCTs entering national phase of certain country, under condition that we receive this information and in case of India we obviously do.

If you have any other questions or other examples please contact us to above mentioned address and we will have a look at it.

Please also note that we are obliged to enter data from patent offices exactly as we receive it, we are not allowed to change it except in cases where mistake happens on our end. If error is in original data of the specific office, we can not make any corrections, in such cases you need to ask respective office to make changes and send correct data to all its users (we are only one of many).

Regards,

Patent Data Team

[SIP_Nothen]

Hello,

thank you for the fast response and information!

I took a look at the link you posted.
Just to make sure I understand everything correctly, I will try to recap what is happening:

The EPO looks through the patent data.
If article 22 (Date of filing of Application) exists, this will be used as application date.
If article 22 does not exist, the article 86 (International Application filing date) will be used as application date(?)

Did I understand correctly?

I will send future requests to patentdata@epo.org.
I am replying within this thread, because maybe other people are also interested on this subject.

[EPO / OPS Support]

Thank you for your reply and yes, if national entry date is available we will use it, yes.

Best regards,

Patent Data Team