Act 463 1998

Original Language Title: LEY 463 de 1998

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW 463 1998
(...)
Official Gazette No. 43,360, of 11 August 1998
Through which approved the "Patent Cooperation Treaty (PCT)" prepared in Washington on June 19, 1970, as amended on September 28, 1979 and amended on February 3, 1984, and the regulations of the patent cooperation treaty. Summary

Term Notes
THE CONGRESS OF COLOMBIA
having regard to the text of the "Patent Cooperation Treaty" (PCT), done at Washington on June 19, 1970, as amended on September 28, 1979 and amended on February 3 1984 and Regulation of the Patent Cooperation Treaty.
(To be transliterated: copy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs are attached).
Patent Cooperation Treaty
(PCT)
Made in Washington on June 19, 1970, as amended on September 28, 1979 and amended on February 3, 1984 and Regulation

PCT (as in force on 1st. January 1993)
Patent cooperation Treaty
Made in Washington on June 19, 1970, as amended on September 28, 1979 and amended on 3 February 1984. CONTENTS *


preliminary provisions
Preamble Article 1: Establishment of a Union Article 2
:
Definitions Chapter I: international Application and international search
Article 3: international Application Article 4
:
Petition Article 5: Description
Article 6: Claims
Article 7:
Drawings Article 8: Claiming priority
Article 9: Applicant | || Article 10:
receiving Office Article 11: filing date and effects of the international application
Article 12: Transmission of the international application to the International Bureau and the Authority of the international search
Article 13 : Possibility for the offices designated to receive a copy of the international application
Article 14: Irregularities in the international application
Article 15: the international search
Article 16: Authority of the international search
Article 17: procedure within the Authority of the international search
Article 18: International search Report
Article 19: Amendment of the claims in the International Bureau
Article 20: Communication to Designated Offices
Article 21: international Publication
Article 22: Copies, translations and fees for designated Offices
Article 23: Suspension of national procedure
Article 24: Possible loss of the effects in the designated States
Article 25 : Review by Designated Offices
Article 26: Opportunity to correct the application on the designated Offices
Article 27: national requirements
Article 28: Amendment of the claims, the description and drawings in the Offices
designated Article 29: Effects of the international publication
Article 30: confidential Nature of the international application Chapter II
:
international preliminary examination Article 31: request for international preliminary examination
Article 32: Authority and international preliminary examining Authority Article 33
:
international preliminary examination Article 34: Procedure Authority and international preliminary examining
Article 35: international preliminary examination Report
Article 36: Transmittal, translation and communication of the international preliminary examination report
Article 37: Withdrawal of the application or choice
Article 38: confidentiality of the international preliminary examination
Article 39: Copies, translations and fees for elected Offices | || Article 40: Suspension of national examination and other procedures
Article 41: Amendment of the claims, the description and drawings
elected Offices Article 42 results of national examination in elected Offices
Chapter III: common provisions
Article 43: search of certain kinds of protection
Article 44: search for two types of protection
Article 45: regional patent
Treaty Article 46: Languages of the international application
Article 47: deadlines
Article 48: Delays in meeting certain deadlines
Article 49: Right to Practice before international authorities
Chapter IV: technical Services
Article 50 : patent information Services Article 51
:
technical assistance Article 52: Relations with the other provisions of the Treaty
Chapter V: administrative provisions Article 53
:
Assembly Article 54: Executive Committee

Article 55: International Bureau Article 56
:
Technical Cooperation Committee Article 57: Finance Article 58
:
Regulation Chapter VI: Differences
Article 59: Differences Chapter
VII: Revision and Amendment Article 60
:
Treaty Review Article 61: Amendment of certain provisions of the Treaty Chapter VIII
:
final provisions Article 62: Becoming party to the Treaty
Article 63: Entry into force of the Treaty
Article 64: Reservations Article 65
:
gradual Application Article 66: Denunciation Article 67
:
Signature and languages ​​Article 68: depositary Functions || | Article 69: Notifications
Contracting States,
Desiring to contribute to the development of science and technology,
Desiring to perfect the legal protection of inventions,
Desiring to simplify and render more economical obtaining protection for inventions where protection is desired in several countries,
Desiring to facilitate and accelerate access to all the technical information contained in documents describing new inventions, Desiring to stimulate
and accelerate economic progress of developing countries taking measures which serve to increase the effectiveness of their legal systems for the protection of inventions, both at national and regional level, enabling easy access to information on obtaining technological solutions adapted to your specific needs and facilitating access to the ever expanding volume of modern technology.
Convinced that international cooperation will greatly facilitate the achievement of these objectives.
They have concluded this Treaty:

Preliminary provisions ARTICLE 1o. CONSTITUTION OF A UNION.

1. The States party to this Treaty (hereinafter called "Contracting States") constitute a Union for cooperation in the filing, search and examination of applications for protection of inventions, and for rendering special technical services. This Union International Cooperation Union will be called Patent.
2. no provision of this Treaty in the sense of limiting the rights under the Paris Convention for the Protection of Industrial Property of nationals or residents of countries party to the Convention is not interpreted.
Article 2.
. DEFINITIONS. For the purposes of this Treaty and the Regulations and unless expressly stated otherwise:
i) "application" means an application for the protection of an invention; any reference to an "application" shall be construed as references to applications for patents, inventors 'certificates, utility certificates, utility models, patents or certificates of addition, inventors' certificates of addition and utility certificates of addition;
Ii) Any reference to a "patent" shall be construed as a reference to patents, inventors' certificates, utility certificates, utility models, patents or certificates of addition, certificates of addition and utility certificates of addition;
Iii) The term "national patent" means a patent granted by a national administration;
Iv) The term "regional patent" means a patent granted by a national or an intergovernmental authority empowered to grant patents effective in more than one State;
V) The term "regional application" means an application for a regional patent;
Vi) Any reference to a "national application" shall be construed as a reference to applications for national and regional patent, other than applications filed under this Treaty patents;
Vii) "international application" means an application filed under this Treaty;
Viii) references to an "application" shall be construed as a reference to international and national applications;
Ix) references to a "patent" shall be construed as a reference to national and regional patents;
X) Any reference to "national legislation" shall be construed as a reference to the national law of a Contracting State or, in the case of a regional application or a regional patent, the treaty providing for the filing of regional applications or the granting of regional patents;
Xi) For the purposes of computing time limits, the term "priority date".
A) Where the international application contains a priority claim under article 8, the date of the application whose priority is claimed;
.
B) Where the international application contains several priority claims under article 8, the filing date of the earliest application whose priority is claimed;
C) Where the international application does not contain any priority claim under article 8, the international filing date of the application.;
Xii) "national Office" means the government authority of a Contracting State entrusted with the granting of patents; references to a "national Office" will also be understood as a reference to an intergovernmental authority which several States to grant regional patents, provided that one of those States, at least, is a Contracting State and that those States have authorized that authority to assume the obligations and exercise the powers which this Treaty and its Regulations attributed to national Offices;
Xiii) shall mean the national Office of the State designated by the applicant or office acting for the State in accordance with the provisions of Chapter I of this Treaty "designated Office";
Xix) The term "elected Office", the national Office of the State elected by the applicant or the office acting for the State in accordance with the provisions of Chapter II of this Treaty;
Xv) "receiving Office" means the national Office or intergovernmental organization which has presented the international application;
Xvi) "Union" means the International Union Patent Cooperation;
Xvii) "Assembly" means the Assembly of the Union;
Xviii) "Organization" means the World Intellectual Property Organization;
Xix) "International Bureau" means the International Bureau of the Organization and, while there, the United International Bureaux for the Protection of Intellectual Property (BIRPI);
Xx) "Director General" means the Director General of the Organization, and while there is BIRPI, the Director of those offices.

CHAPTER I. INTERNATIONAL APPLICATION AND INTERNATIONAL SEARCH.

ARTICLE 3. INTERNATIONAL APPLICATION.

1. Applications may be made for the protection of inventions in any Contracting State as international applications under this Treaty.
2. In accordance with this Treaty and its Regulations, an international application shall contain a request, a description, one or more claims, one or more drawings (where required) and a summary.
3. The abstract shall serve exclusively for technical information and will not be taken into account for any other purpose, especially not serve to assess the scope of the protection sought.
4. The international application:
i) should be submitted in one of the prescribed languages;
Ii) materials must meet the requirements;
Iii) must comply with the prescribed requirement of unity of invention;
Iv) shall bear the required fees.

ARTICLE 4. PETITION.
1. The request shall contain:
i) A petition to the effect that the international application be processed according to this Treaty;
Ii) The designation of the Contracting State or States in which protection for the invention is desired on the basis of the international application ( "designated States"); if the applicant can and want to get in any designated State a regional patent rather than a national patent, it shall so indicate in the request; if, under a treaty concerning a regional patent, the applicant can not limit his application to any of the States parties to the Treaty, the appointment of one of those States and the indication of the wish to obtain a regional patent shall be treated the designation of all of these States; if, under the national law of the designated State, the designation of that State has the effect of a regional application it shall be deemed that designation as an indication of the desire to obtain a regional patent;
Iii) The name and other prescribed data concerning the applicant and the agent (if any);
Iv) The title of the invention;
V) The name of the inventor and other prescribed data concerning him, provided that the law of one of the designated States, at least, require that these indications be furnished at the time of filing a national application. In other cases, such information may be in the request or in other communications addressed to each designated Office whose national law requires and allow it to provide after filing the national application.

2. Every designation shall be subject to payment of the prescribed fees within the prescribed period.
3. If the applicant does not request any of the types of protection provided for in Article 43, designation shall mean that the protection sought is the grant of a patent by or for the designated State. For the purposes of this paragraph, Article 2. ii) shall not apply.
4. The omission in the request for the indication of the name and other data concerning the inventor will not have any consequences on the designated States whose national law requires such indications but allow to be provided after the filing of a national application. The omission of these indications in a separate communication will not have any consequences on the designated States whose national law does not require the provision of such indications.

The 5th ITEM. DESCRIPTION. The description shall disclose the invention in a manner sufficiently clear and complete for it to be carried by a person skilled.

ARTICLE 6o. Claims. The claim or claims shall define the object of the protection sought. The claims shall be clear and concise entirely in the description.

ARTICLE 7. DRAWINGS.

1. Notwithstanding the provisions of paragraph 2. ii), drawings shall be required when they are necessary for understanding the invention.
2. If the invention is such that it can be illustrated by drawings, even if they are not necessary for understanding:
i) The applicant may include such drawings upon filing the international application;
Ii) Any designated Office may require the applicant to submit such drawings within the period described.

Article 8. PRIORITY CLAIM.

1. The international application may contain a declaration, in accordance with the requirements of the Regulations, claiming the priority of one or more earlier applications filed in or for any country party to the Paris Convention for the Protection of Industrial Property.
2. a) Notwithstanding the provisions of paragraph b), the requirements and the effects of a priority claim submitted in accordance with the provisions of paragraph 1 shall be as provided in article 4. the Stockholm Act of the Paris Convention for the Protection of Industrial Property;
B) The international application claiming the priority of one or more earlier applications filed in or for a Contracting State may designate to that State. If the international application claims the priority of one or more national applications filed in or for a designated State or the priority of an international application having designated only one State, the requirements and the effects of the priority claim in that State They shall be governed by its national law.

Article 9. APPLICANT.

1. The international application may be filed by any resident or national of a Contracting State.
2. The Assembly may decide to be empowered to file international applications to residents or nationals of any country party to the Paris Convention for the Protection of Industrial Property which is not party to this Treaty.
3. The Regulations define the concepts of residence and nationality, and the application of these concepts when there are several applicants or where they are not the same for all designated States.

ARTICLE 10. RECEIVING OFFICE. The international application shall be submitted to the receiving Office prescribed; which the control and processed in accordance with the provisions of this Treaty and its Regulations.

ARTICLE 11. FILING DATE AND EFFECTS OF THE INTERNATIONAL APPLICATION.

1. The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that check at the time of the reception:
i) The applicant is manifestly lacking, for reasons of residence or nationality, the right to file an international application with the receiving Office;
Ii) The international application is drafted in the prescribed language;
Iii) The international application contains at least the following elements:
a) An indication that has been presented to an international application;
B) The designation of a Contracting State at least;
C) The applicant's name, indicated in the prescribed manner;
D) A party that, at first glance appears to be a description;
E) A party who, at first glance appears to be a claim or claims.

2. a) If, at the time of receipt, the receiving Office finds that the international application does not meet the requirements listed in paragraph 1 shall invite the applicant to make the necessary correction in accordance with the provisions of the Regulation;
B) If the applicant complies with this invitation in the manner prescribed in the Regulations, the receiving Office shall accord as the international filing date of receipt of the required correction.
3. Without prejudice to the provisions of Article 64.4), any international application fulfilling the conditions laid down in points i) to iii) of paragraph 1 and to which he has been awarded a international filing date shall have the effect of a national filing , adjusted in each designated State that date; this date will be considered as the actual filing date in each designated State.
4. Any international application fulfilling the requirements listed in points i) to iii) of paragraph 1, will equal value that a national presentation regularly within the meaning of Paris Convention for the Protection of Industrial Property.

ARTICLE 12. Forwarding of the international application to the International Bureau and the Authority of the international search
1. A copy of the international application shall be kept by the receiving Office ( "copy for the receiving Office"), one copy ( "record copy") shall be transmitted to the International Bureau, and another copy ( "search copy") shall be transmitted to the competent Authority of the international search under Article 16 in accordance with the provisions of the Regulation.
2. The original copy shall be considered the authentic copy of the international application.
3. withdrawing the international application will be considered if the International officiate not received the record copy within the prescribed period.
ARTICLE 13.
POSSIBILITY FOR OFFICES DESIGNATED TO RECEIVE A COPY OF THE INTERNATIONAL APPLICATION.

1. Any designated Office may ask the International Bureau a copy of the international application before the communication provided for in Article 20; the International Bureau shall transmit such copy to the designated Office as soon as possible after the expiry of one year from the priority date.
2. a) The applicant may submit at any time to any designated a copy of his international application Office;
B) The applicant may at any time ask the International Bureau to transmit to any designated officiate a copy of his international application; the International Bureau shall transmit such copy as soon as possible to officiate designated;
C) Any national Office may notify the International Bureau not wish to receive copies as provided in paragraph b); in this case, that paragraph shall not apply with respect to that Office.

ARTICLE 14. IRREGULARITIES IN THE INTERNATIONAL APPLICATION.

1. a) The receiving Office shall check whether the international application contains any of the following irregularities:
i) is not signed as provided in the Regulations;
Ii) do not contain the prescribed indications concerning the applicant;
Iii) does not contain a title;
Iv) does not contain a summary;
V) Does not meet the prescribed physical requirements, to the extent provided in the Regulations;
B) If the receiving officiate checks for any such irregularities invite the applicant to correct the international application within the prescribed period; failing that, the application shall be considered withdrawn and the receiving Office shall so declare.
2. If drawings are mentioned in the international application, and these are not included in the application, the receiving Office shall notify the applicant who may send those drawings within the prescribed period; in this case the international filing date will be the reception of those drawings by the receiving Office. Otherwise, any reference to such drawings considered non-existent.
3. a) If the receiving Office finds that the prescribed fees in Article 3.4 iv) have not been paid within the stipulated period or that the fee prescribed by Article 4.2 has not been paid in respect of any of the designated States, it shall be considered withdrawn international application and the receiving Office shall so declare;
B) If the receiving Office finds that the fee prescribed by Article 4.2 has been paid in the prescribed period on one or more designated (but not all states), shall be deemed withdrawn designation of States for which it has not been paid the fee within the stipulated period, and the receiving Office shall so declare.

4. If after being given to the international application a international filing date, the receiving Office finds, within the prescribed period, which has not been fulfilled in that any date of the requirements listed in points i) to iii) Article 11.1 , the application shall be considered withdrawn and the receiving Office shall so declare.

ARTICLE 15. INTERNATIONAL SEARCH.

1. Each international application shall be the subject of an international search.
2. The international search is to discover the state of the relevant art.
3. International search shall be made on the basis of the claims, taking into account the description and drawings (if any).
4. The Authority of the international search under Article 16 shall endeavor to discover the state of the art relevant to the extent that its facilities permit, and in any case, consult the documentation specified in the Regulations.
5. a) The holder of a national application with the national Office of a Contracting State or the Office acting for such State may request to be made of the request to a search similar to an international search ( "international-type search" ) if the national law of that State allows, and under the conditions laid down in the law;
B) If the national law of the Contracting State permits, the national Office of that State or the Office acting for such State may subject any national application that presents itself to an international search;
C) The international search will be conducted by the Authority of the international search under Article 16 which would have jurisdiction to proceed with the international search if the national application were an international application filed at the Office under the a) and b). If the national application was written in a language in which the Authority of the international search considers that it is unable to act, the international search was made on the basis of a translation prepared by the applicant in one of the languages prescribed for international applications that such Authority has undertaken to accept for international applications. The national application and the translation, when required, must be submitted in the form prescribed for international applications.

Authority ARTICLE 16. THE INTERNATIONAL SEARCH.

1. The international search will be carried out by an administration of the International Searching Authority, which may be a national Office or an intergovernmental organization such as the International Patent Institute, whose tasks include the establishing of documentary search reports on prior art with respect to inventions subject to patent applications.
2. If, until a single Authority of the international search is established, existed several Authorities of the international search, each receiving Office shall specify the Authority or Authorities competent to proceed to the search for international applications filed in the Office, in accordance with the provisions of the applicable agreement referred to in paragraph 3. b).
3. a) The Authorities of the international search will be designated by the Assembly. He may be appointed as International Searching intergube-rnamental all national Office and Organization which meets the requirements provided for in paragraph c);
B) The appointment shall be subject to the consent of the national Office or intergovernmental organization concerned and the conclusion of an agreement, which must be approved by the Assembly, between such Office or organization and the International Bureau. The agreement shall specify the rights and obligations of the parties and, in particular, the formal undertaking by the said Office or organization to apply and observe all the common rules of international search;
C) The Regulations prescribe the minimum requirements, particularly as regards the staff and documentation, to be met by each Office or organization to be appointed and must continue to satisfy while it remains appointed;
D) Appointment shall be for a specified period may be extended;

E) Before taking a decision on the designation of a national Office or an intergovernmental organization or extension of its appointment, or before the expiry of such designation, the Assembly shall hear the interested Office or organization concerned and will ask the opinion of the Technical Cooperation Committee referred to in Article 56 once it has been created that Committee.

ARTICLE 17. PROCEDURE WITHIN THE ADMINISTRATION CHARGE OF THE INTERNATIONAL SEARCH.

1. The procedure within the Authority of the international search will be determined by this Treaty, the Regulations and the Agreement with the International Bureau finds that Authority, as established in the Treaty and Regulations.
2. a) If the Authority of the International Searching Authority considers:
i) that the international application relates to a matter in respect of which it is not required to be searched under the Rules, and decides in this case not proceed to search, or
ii) the description, claims or drawings do not meet the prescribed conditions, so that can not be made a profitable search, that Authority shall so declare and notify the applicant and the International Bureau no international search report will be established;
B) If any of the situations mentioned in paragraph a) only exist in connection with certain claims, the international search report shall so indicate to these claims, for the other claims in the manner provided in Article 18. | || 3. a) If the Authority of the International Searching Authority considers that the international application does not satisfy the requirement of unity of invention as defined in the Regulations, invite the applicant to pay additional fees. The Authority of the International Searching Authority will establish the international search report on those parts of the international application which relate to the invention first mentioned in the claims ( "main invention"), and if the required additional fees have been paid the prescribed time limit, on those parts of the international application which relate to inventions for which such fees have been paid;
B) The national law of any designated State may provide that, where the national Office of that State finds the invitation justified Authority International Searching referred to in paragraph a), and if the applicant has not paid all additional fees, those parts of the international application which consequently have not been searched considered withdrawn for the purposes of that State, unless the applicant pays special attention to the national Office of that State.

ARTICLE 18. INTERNATIONAL SEARCH REPORT.

1. The international search report will be established within the prescribed form and.
2. The international search report shall be forwarded by the Authority of the international search the applicant and the International Bureau as soon as it is finalized.
3. The international search report or the declaration referred to in Article 17.2. a) shall be translated in accordance with Regulation. Translations will be prepared by the International Bureau or under their responsibility.

ARTICLE 19. AMENDMENT OF CLAIMS IN THE.

1. After receiving the international search report, the applicant is entitled to amend the claims of the international application in one shot, filing amendments with the International Bureau within the prescribed time limit. At the same time, you can file a brief statement, in accordance with the provisions of the Regulations, explaining the amendments and indicating any impact that might have on the description and drawings.
2. The amendments shall not go beyond the disclosure of the invention contained in the international application as filed.
3. Failure to comply with the provisions of the 2nd paragraph. You will have no effect in a designated State whose national law permits amendments to go beyond the disclosure.

ARTICLE 20. COMMUNICATION TO DESIGNATED OFFICES.

1. a) The international application, together with the international search report (including any indication referred to in Article 17.2 b)) or the declaration referred to in Article 17.2 a), shall be communicated to each designated Office that has not renounced all or part of that communication, in accordance with the provisions of the Regulation;

B) The communication shall include the translation (as prescribed) of the said report or declaration.
2. If the claims have been amended under Article 19.1, the communication should contain the full text of the claims as filed and as amended or the full text of the claims as have been submitted, specifying the alterations, and shall include, in where appropriate, the declaration under Article 19.1.
3. At the request of the designated Office or the applicant, the Authority International Searching sent to the Office or the applicant copies of the documents cited in the international search report, in accordance with the provisions of Regulation respectively.

ARTICLE 21. INTERNATIONAL PUBLICATION.

1. The International Bureau shall publish international applications.
2. a) Subject to the exceptions provided in paragraph b) and Article 64.3), the international publication of the international application shall be made as soon as possible after the expiration of a period of 18 months from the priority date of that request;
B) The applicant may request the International Bureau to publish his international application any time before the expiry of the period referred to in paragraph a). The International Bureau shall proceed accordingly, in accordance with Regulation.
3. The international search report or the declaration referred to in Article 17.2 a) shall be published in the manner prescribed by the Regulations.
4. The Regulations will establish the language in which the international publication, form and other details will be made.
5. no international publication will not be performed if the international application is withdrawn or is considered withdrawn before the technical preparations for publication is completed.
6. If the International Bureau considers that the international application contains expressions or drawings contrary to morality or public order, or disparaging statements as defined in the Regulations, it may omit from its publications, indicating the place and number of words or drawings omitted. Upon request, the International Bureau will provide individual copies of the passages omitted.

ARTICLE 22 COPIES, TRANSLATIONS AND FEES FOR DESIGNATED OFFICES.

1. The applicant shall submit to each designated Office a copy of the international application (unless already been made notification under Article 20) and a translation thereof (as prescribed), and pay the national fee (if applicable) before the expiration of a period of 20 months from the priority date. In the event that the national law of the designated State requires the indication of the name and other prescribed data concerning the inventor but allows that these indications be furnished after the filing of a national application, unless those indications already incorporated into it request, the applicant shall provide such information to the national Office of that State or the Office acting on it before the expiration of a period of 20 months from the priority date.
2. When, under the provisions of Article 17.2 a), the Authority International Searching declare that an international search report, the deadline for compliance with the acts referred to in paragraph 1o is not established. of this Article shall be the same as provided in paragraph it.
3. To fulfill the acts referred to in the 1st paragraph. or 2nd., any national legislation may set deadlines later due to those contained in those paragraphs.

ARTICLE 23. SUSPENSION OF NATIONAL PROCEDURE.

1. No designated Office shall process or examine the international application prior to the expiration of the applicable time limit under Article 22.
2. Notwithstanding paragraph it., Any designated Office may process or examine at any time the international application at the express request of the applicant.

ARTICLE 24. POSSIBLE LOSS OF EFFECT IN DESIGNATED STATES.

1. Without prejudice to the provisions of Article 25 as provided in paragraph ii) below, the effects of the international application prescribed in Article 11.3 shall be removed from all designated State and that termination will have the same consequences as the withdrawal of an application national in that State;
I) if the applicant withdraws his international application or the designation of that State;
Ii) if the international application is considered withdrawn under the provisions of Articles 12.3 14.1 b), 14.3 a) or 14.4), or if the designation of that State is considered retiradconformidad with the provisions of Article 14.3) b);

Iii) if the applicant does not meet the acts referred to in Article 22 within the applicable time limit.
2. Without prejudice to the provisions in paragraph 1o., Any designated Office may maintain the effect provided in Article 11.3 even though it is not required that such effects are maintained under Article 25.2.

ARTICLE 25. REVIEW BY DESIGNATED OFFICES.

L. a) Where the receiving Office has refused an international filing date or has declared that the international application is considered withdrawn, or where the International Bureau concludes under Article 12.3, the International Bureau at the request of the applicant, send copies of all documents contained in the file to any of the offices designated by the applicant as soon as possible;
B) Where the receiving Office has declared that the deemed withdrawal of the designation of a State, the International Bureau at the request of the applicant, send copies of all documents contained in the file to the national Office of that State as soon as possible possible;
C) Requests made under paragraphs a) or b) shall be submitted within the prescribed period.
2. a) Notwithstanding the provisions of paragraph b), provided that the national fee has been paid and the appropriate translation (as prescribed) has been provided on time, each designated Office will decide whether the refusal, declaration or the conclusion mentioned in paragraph 1o. They were justified in accordance with the provisions of this Treaty and the Regulations and, if it decides that the refusal or declaration is the result of an error or omission of the receiving Office or that the finding is the result of an error or omission of the International Bureau, treat the international application, which refers to its effects on the State of the designated Office, as if such error or omission had not occurred;
B) Where the record copy has reached the International Bureau after the expiry of the period prescribed in Article 12.3 because of an error or omission by the applicant, only the provisions of paragraph a) shall apply in the circumstances referred to in Article 48.2.
ARTICLE 26.
OPPORTUNITY CORRECTING THE APPLICATION designated offices. No designated Office shall reject an international application on the grounds that does not meet the requirements of this Treaty and the Regulations without first giving the applicant an opportunity to correct the said application to the extent and in accordance with the procedure laid down by national legislation for identical or similar situations that arise in connection with national applications.

ARTICLE 27. NATIONAL REQUIREMENTS.

1. No national law may require that the international application complies, in their form or content, with different requirements under this Treaty and the Regulations or with additional requirements.
2. The provisions of paragraph 1o. shall not affect the application of Article 7.2 nor preclude any national law from requiring, once it has begun processing the international application in the designated Office, the following information must be provided:
i) when the applicant is a person legal, the name of a manager authorized to represent him;
Ii) documents that do not belong to the international application but which constitute proof of allegations or statements made in that application, including the confirmation of the international application by the signature of the applicant when that application to be submitted, would It has been signed by his representative or his agent.
3. The designated Office may reject the international application where, for the purposes of any designated State, the applicant does not fulfill the conditions required by the national law of that State to file a national application because he is not the inventor.
4. When, with respect to the form or contents of national applications, national legislation provides requirements from the point of view of applicants are more favorable than those established by this Treaty and its Regulations for international applications, the national Office , courts and any other competent organs of the designated State or acting on behalf of this may apply more favorable conditions to international applications rather than the other, unless the applicant insists that apply to your international application requirements provided by this Treaty and its Regulations.

5. It can not be interpreted any provision of this Treaty and the Regulations in the sense that it limits the freedom of each Contracting State to prescribe all the substantive requirements of patentability as it desires. In particular, any provision of this Treaty and the Regulations concerning the definition of prior art is exclusively for the purposes of international procedure and, consequently, any Contracting State, when determining the patentability of the invention it is claimed in an international application, will be free to apply the criteria of its national legislation regarding the prior art and other conditions of patentability not constituting requirements as to the form and content of applications.
6. National legislation may require the applicant to furnish evidence in respect of any substantive condition of patentability prescribed by such law.
7. Any receiving Office or any designated Office which has begun to process the international application may apply national legislation with regard to every requirement that the applicant is represented by a duly authorized represent applicants before the said Office president and / or that the applicant have an address in the designated State for notifications.
8. It can not be interpreted any provision of this Treaty or Regulation in the sense that it limits the freedom of any Contracting State to apply measures deemed necessary to preserve national security or limiting the right of its own residents or nationals to file international applications, in order to protect the general economic interests of that State.

ARTICLE 28. AMENDMENT OF CLAIMS, THE DESCRIPTION AND DRAWINGS IN DESIGNATED OFFICES.

1. The applicant must be able to amend the claims, the description and drawings presented in each designated Office within the prescribed time limit. No designated Office shall grant a patent or refuse the grant before the expiry of that period, except with the express consent of the applicant.
2. The amendments shall not go beyond the disclosure of the invention contained in the international application as filed, unless the national law of the designated State permits go beyond the said disclosure.
3. The amendments shall be in accordance with the national law of the designated State in all respects not provided for by this Treaty or the Regulations.
4. Where the designated Office requires a translation of the international application, the amendments must be made in the language of translation.

ARTICLE 29. EFFECTS OF INTERNATIONAL PUBLICATION.

1. As it regards the protection of any rights of the applicant in a designated State, without prejudice to the provisions of the 2nd paragraph. to 4o., the international publication of an international application in that State will have the same effects as the law of that State provides for the compulsory national publication of unexamined national applications themselves.
2. If the language of the international publication is different from that used in the publications under the national law of the designated State, the national legislation may provide that the effects provided in paragraph 1o. shall apply only from the date on which:
i) a translation published in the latter language, in accordance with national legislation; or
ii) is made available to the public a translation into the latter language laying open for public inspection, in accordance with national legislation, or
iii) the applicant submit a translation into the latter language to the current or suspected unauthorized user of the invention claimed in the international application, or
iv) are met both the acts listed in paragraphs i) and iii), as described in points ii) and iii).
3. The national law of any designated State may provide that, when there has been international publication, the effects provided in paragraph 1o. shall apply only after the lapse of 18 months from the priority date, if requested by the applicant before the expiration of 18 months from the priority date.

4. The national law of any designated State may provide that the effects provided in paragraph 1o. only be made from the date of receipt by the national Office or the Office acting for the State, a copy of the publication of the international application made in accordance with Article 21. That Bureau shall publish in its gazette the date of receipt as soon as possible.

ARTICLE 30. CONFIDENTIALITY OF THE INTERNATIONAL APPLICATION.

1. a) Notwithstanding the provisions of paragraph b), the International Bureau and Authorities of the international search will not allow any person or authority has access to the international application before the international publication unless requested or authorized by the applicant;
B) The provisions of paragraph a) shall not apply to any shipments made to the Authority of competent International Searching Authority, to transmittals provided by Article 13, and to communications provided for in Article 20.
2. a) unless requested or authorized by the applicant, no national Office shall allow third party access to the international application before the earliest of the following dates:
i) the date of international publication of the international application;
Ii) the date of receipt of the communication of the international application under Article 20;
Iii) the date of receipt of a copy of the international application under Article 22;
B) The provisions of paragraph a) shall not preclude a national Office from informing third parties that it has been designated, or from publishing that fact. However, such information or publication may only contain the following data: identification of the receiving Office, name of the applicant, international filing date, international application number and title of the invention;
C) The provisions of paragraph a) shall not prevent any designated Office to the judicial authorities allow access to the international application.
3. The provisions of the 2nd paragraph. a) shall apply to any receiving Office except as regards shipments under Article 12.1).
4. For the purposes of this article, -the term "access" shall include any means by which third parties may acquire cognizance, including individual communication and general publication, provided, however, that no national Office shall publish in overall an international application or its translation before the international publication or before 20 months have elapsed from the date of priority, if international publication has not taken place within that period.
CHAPTER II.
INTERNATIONAL PRELIMINARY EXAMINATION.
ARTICLE 31. APPLICATION
international preliminary examination.

1. At the request of the applicant, his international application shall be the subject of an international preliminary examination as provided in the following provisions and the Regulations.
2. a) may submit a request for international preliminary examination every applicant that under the definition in the Regulation is a resident or national of a Contracting State bound by Chapter II, and whose international application has been filed with the receiving Office of that State or acting on his behalf;
B) The Assembly may decide to empower persons authorized to file international applications to submit an application for international preliminary examination even if they are residents or nationals of a State not party to this Treaty or It is not bound by Chapter II.
3. The demand for international preliminary examination shall be made separately from the international application. It shall contain the prescribed particulars and shall be in the language and in the manner provided.
4. a) The request shall indicate the Contracting State or States in which the applicant intends to use the results of the international preliminary examination ( "elected States"). They may be elected later additional Contracting States. Election may relate only to Contracting States already designated pursuant to article 4 .;
B) Applicants referred to in paragraph 2o. a) may elect any Contracting State bound by Chapter II. Applicants indicated in paragraph 2o. b) may elect Contracting States bound by Chapter II which have declared their willingness to be elected by such applicants.
5. The application shall be subject to payment of the prescribed fees within the prescribed period.

6. a) The application must be submitted to the Authority of competent international preliminary examination referred to in Article 32.
b) Any later election shall be submitted to the International Bureau.
7. your choice to each elected Office be notified.

ARTICLE 32. Preliminary Examining Authority INTERNATIONAL.

1. The Authority and International Preliminary Examining the international preliminary examination fee.
2 Under the applicable agreement between the Administration or Administrations International Preliminary Examining Authority concerned and the International Bureau, the receiving Office, in the case of applications referred to in Article 31.2 a), and the Assembly, in the applications referred to in Article 31.2 b), determine the Administration or Administrations that are competent to handle the preliminary examination.
3.The provisions of Article 16.3 shall apply mutatis mutandis to the Authorities of the international preliminary examination.
ARTICLE 33.
international preliminary examination.

1. The international preliminary examination is to formulate a preliminary opinion without compromise on the following issues: whether the claimed invention appears to be novel, involves an inventive step (not obvious) and if it is susceptible of industrial application.
2. For the purposes of preliminary international examination, a claimed invention shall be considered new if it is not anticipated in the prior art, as defined in the Regulations.
3. For the purposes of international preliminary examination, it is considered that a claimed invention involves an inventive and activity, taking into account the state of the art as defined in the Regulations, the invention is not obvious to a person skilled in the relevant date prescribed.
4. For the purposes of international preliminary examination it shall be deemed that a claimed invention is industrially applicable if, according to its character, its object can be produced or used (in the technological sense) in any kind of industry. The term "industry" should be understood in its broadest sense, as in the Paris Convention for the Protection of Industrial Property.
5. The criteria described above merely serve the purposes of international preliminary examination. Any Contracting State may apply additional or different criteria to decide whether the claimed invention is not patentable in that State.
6. The international preliminary examination shall take into consideration all the documents cited in the international search report. It may take into consideration any additional documents it deems appropriate in the particular case.

ARTICLE 34. PROCEDURE OF CHARGE MANAGEMENT INTERNATIONAL PRELIMINARY EXAMINATION.

1. The process of the Authority and International Preliminary Examining Authority shall be governed by the provisions of this Treaty, the Regulations and the agreement which the International Bureau shall conclude with the Administration, subject to the provisions of this Treaty and the Regulations.
2. a) The applicant shall be entitled to communicate orally and in writing with the Authority and International Preliminary Examining Authority;
B) The applicant may amend the claims, the description and drawings, in the manner and within the prescribed time limit, before the international preliminary examination report is drawn up. The amendments shall not go beyond the disclosure of the invention contained in the international application as it was filed;
C) The applicant shall receive at least one written opinion from the authority responsible for the international preliminary examination unless such Authority considers that the following conditions have been met:
i) the invention satisfies the criteria set out in Article 33.1 );
Ii) The international application complies with the requirements of this Treaty and the Regulations to the extent that verifies Administration;
Iii) it is not considered necessary to make the observations provided for in the last sentence of Article 35.2;
D) The applicant may respond to the written opinion;
3) If the Authority and International Preliminary Examining Authority considers that the international application does not meet the requirement of unity of invention as set out in the Regulations, it may invite the applicant to, at its option, limit reivindaciones order to meet that requirement or to pay additional fees;

B) The national law of any elected State may provide that, where the applicant chooses to restrict the claims in accordance with paragraph a) shall be deemed those parts of the international application that are not the subject of an international preliminary examination as a result of the limitation, which refers to the effects in that State unless the applicant pay a special fee to the national Office of that State;
C) If the applicant does not meet the invitation referred to in paragraph a) within the prescribed period, the Authority and International Preliminary Examining Authority will issue a report of international preliminary examination on the parts of the international application which relate to what appears to be the main invention and shall indicate the relevant facts in the report. The national law of any elected State may provide that, where the national Office of the State deems justified the invitation of the Authority and International Preliminary Examining Authority, be considered withdrawn parts of the international application that are not related to the main invention, with regard to the effects in that State unless the applicant pay a special fee that Office;
4. a) If the administration International Preliminary examination estimates:
i) that the international application relates to a matter in respect of which, according to the regulation, is not obliged to carry out an international preliminary examination and decided in that particular case not carry out such examination, or
ii) the description, claims or drawings are so unclear, or the vindications are based on so inadequately supported by the description, you can not form a meaningful opinion regarding the novelty, inventive step (non-obviousness), or industrial applicability of the claimed invention, the Administration does not consider matters referred to in Article 33.1) and communicate this opinion and the reasons to the applicant;
B) If it is judged that any of the situations mentioned in paragraph a) only exists in certain claims or in connection with, the provisions of paragraph a) shall apply only to those reivindaciones.
ARTICLE 35 REPORT
international preliminary examination.

1. The international preliminary examination shall be issued within the period prescribed and in shape.
2. The international preliminary examination report shall not contain any statement on the question whether the claimed invention is or seems to be patentable or unpatentable under the provisions of any national legislation. Notwithstanding the provisions of paragraph 3, the report declared, in relation to each claim, if it appears to meet the criteria of novelty, inventive step (non-obviousness) and industrial applicability, as defined in Article 33.1 to 4, for the purposes of international preliminary examination. The statement shall contain the indication of the documents that support the conclusion with such explanations that the circumstances may require. The statement also contain other observations provided by the Rglamento.
3. a) If at the time of issuing the international preliminary examination, the Authority and International Preliminary Examining Authority considers that any of the situations mentioned in Article 34.4, a), the report shall state this opinion and the reasons on which it is based . The report does not contain any statement as provided in paragraph 2;
B) If found to exist any of the situations mentioned in Article 34.4, b) the international preliminary examination report shall contain, in relation to the respective claims, the declaration referred to in paragraph a) and in relation to the other claims, the declaration referred to in paragraph 2.

ARTICLE 36 TRANSMISSION AND COMMUNICATION TRANSLATION OF INTERNATIONAL PRELIMINARY REPORT.

1. The international preliminary examination report together with the prescribed annexes the applicant and the International Bureau shall be transmitted.
2. a) The international preliminary examination report and its annexes shall be translated into the prescribed languages.
B) The translation of the report will be made by the International Bureau or under its responsibility; the translation of the annexes shall be prepared by the applicant.
3. a) The International Bureau shall communicate the international preliminary examination with its translation (as prescribed) and its annexes (in original language) to each elected Office;
B) The applicant shall forward the translation of the annexes to the elected Offices within the prescribed period.

4. The provisions of Article 20.3 shall apply, mutatis mutandis, to copies of any document which is cited in the international preliminary examination report and which was not cited in the international search report.

ARTICLE 37. WITHDRAWAL OF THE APPLICATION OR THE ELECTION.

1. The applicant may withdraw any or all elections.
2. If the election of all elected States is withdrawn, the application shall be deemed withdrawn.
3. a) Any withdrawal shall be notified to the International Bureau;
B) Accordingly, the International Bureau shall notify the withdrawal to the elected Offices concerned and the appropriate Authority and International Preliminary Examining Authority.
4. a) Notwithstanding the provisions of paragraph b), the withdrawal of the application or the election of a Contracting State shall be treated as withdrawal of the international application with respect to that State, unless the national law of that State provides otherwise;
B) Withdrawal of the application or choice is not regarded as withdrawal of the international application if made before the expiration of the applicable time limit under Article 22; however, any Contracting State may provide in their national legislation that the foregoing shall apply only if its national Office has received, within that period, a copy of the international application, together with a translation (as prescribed), and national rate.
ARTICLE 38. CONFIDENTIALITY
international preliminary examination.

1. Unless requested or authorized by the applicant, the International Bureau or the International Preliminary examination will not allow at any time access to file international preliminary examination for the purposes and under the conditions provided in Article 30.4, to any person or authority except the elected Offices once issued the international preliminary examination.
2. Notwithstanding paragraph 1o. and Articles 36.1 and 3 and 37.3 b), and unless requested or authorized by the applicant, the International Bureau or the International Preliminary examination does not provide any information on the issuance or denial of issuance of an international preliminary examination, or on the removal or maintenance of the demand for international preliminary examination or any election.

ARTICLE 39. COPIES, TRANSLATIONS AND FEES FOR ELECTED OFFICES.

1. a) If the election of any Contracting State has been effected before the end of the nineteenth month from the priority date, shall not apply to that State the provisions of Article 22 and the applicant shall provide to each elected Office a copy of the international application ( unless the communication under Article 20) and a translation of that request has already taken place (as prescribed), and pay (if applicable) the national rate, before the expiration of 30 months from the priority date;
B) To comply with the acts referred to in paragraph a), any national law may fix time limits which expire later than provided for in that paragraph.
2. If the applicant does not perform the acts referred to in paragraph 1. a) within the period applicable in accordance with paragraph 1 a) or b), shall cease the purposes specified in Article 11.3, in the elected State with the same consequences as the withdrawal of a national application in that State.
3. Any elected Office may maintain the effect provided in Article 11.3, even if the applicant does not meet the requirements of paragraph 1 a) or b).

ARTICLE 40. SUSPENSION OF NATIONAL REVIEW PROCEDURES AND OTHERS.

1. If the election of any Contracting State has been effected before the end of the nineteenth month from the priority date, shall not apply to that State the provisions of Article 23 and, without prejudice to paragraph 2, the national Office or any Office acting for the State not proceed with the examination or other proceeding concerning the international application before the expiration of the applicable time limit under Article 39.
2. Notwithstanding the provisions of paragraph 1, and if specifically requested by the applicant, any elected Office may at any time to the examination and other processing of the international application.

ARTICLE 41. AMENDMENT OF CLAIMS, THE DESCRIPTION AND DRAWINGS IN ELECTED OFFICES.


1. The applicant shall be given the opportunity to amend the claims, the description and drawings in each elected Office within the prescribed time limit. No elected Office shall grant a patent or refuse to grant a patent before the expiry of that period, except with the express consent of the applicant.
2. The amendments shall not go beyond the disclosure of the invention contained in the international application as filed, unless the national law of the elected State authorizes amendments beyond the said disclosure.
3. The amendments shall be in accordance with the national law of the elected State in all respects not provided for in this Treaty and its Regulations.
4. When an elected Office requires a translation of the international application, the amendments will be made in the language of translation.

ARTICLE 42. EXAMINATION RESULT IN NATIONAL ELECTED OFFICES. The elected offices that receive international preliminary examination report may not require the applicant to provide copies of documents related to the examination in any other elected Office on the same international application, or information on the contents of those documents.
CHAPTER III.
COMMON PROVISIONS.
ARTICLE 43.
SEARCH OF CERTAIN TYPES OF PROTECTION. In accordance with the provisions of the Regulation, the applicant may indicate in respect of any designated or elected State whose law provides for the grant of inventors 'certificates, utility certificates, utility models, patents or certificates of addition, inventors' certificates of addition or utility certificates of addition, the object of his international application as far as that State is concerned, is the grant of an inventor's certificate, a utility certificate or a utility model instead of a patent, or the granting of a patent or certificate of addition, certificate of addition or utility certificate of addition; the effects of such indication re governed by the choice of the applicant. For the purposes of this article and any rules relating thereto, Article 2. ii) shall not apply.
Next



Related Laws