Act 463 1998

Original Language Title: LEY 463 de 1998

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463

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Official Journal No. 43,360, dated August 11, 1998

By means of which the "Patent Cooperation Treaty (PCT)", prepared in Washington on 19 June 1970, amended on 28 September 1979 and amended on 3 February 1984, and the regulation of the Cooperation treaty on patents.

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the "Treaty on Patent Cooperation" (PCT), drawn up in Washington on 19 June 1970, as amended on 28 September 1979 and amended on 3 February 1984, and the Rules of Procedure of the Treaty on Cooperation in Matters of Patents.

(To be transcribed: photocopies of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

Patent Cooperation Treaty

(PCT)

Elaborated in Washington on June 19, 1970, amended on September 28, 1979 and amended on February 3, 1984 and

PCT Regulation

(Text in force on 1o. of January 1993)

Patent Cooperation Treaty

Elaborated in Washington on June 19, 1970, amended on September 28, 1979 and amended on February 3, 1984.

INDICE*

Preamble

Preliminary Provisions

Article 1: Constitution of a Union

Article 2: Definitions

Chapter I: International Request and International Search

Article 3: International Request

Article 4: Petitory

Article 5: Description

Article 6: Claims

Article 7: Drawing

Item 8: Priority Claim

Article 9: Requester

Article 10: Receiving Office

Article 11: Date of filing and effects of international application

Article 12: Transmitting the international application to the International Bureau and the International Search Administration

Article 13: Possibility for designated offices to receive copy of the international application

Article 14: Irregularities in the international application

Article 15: International search

Article 16: Administration in charge of international search

Article 17: Procedure within the Administration in charge of international search

Article 18: International search report

Article 19: Modification of 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 effects in designated states

Article 25: Review by Designated Offices

Article 26: Opportunity to correct the request in the designated Offices

Article 27: National requirements

Article 28: Modification of the claims, description and drawings in the designated Offices

Article 29: Effects of International Publishing

Article 30: Confidential nature of the international application

Chapter II: International preliminary examination

Article 31: International preliminary examination request

Article 32: Administration in charge of international preliminary examination

Article 33: International preliminary examination

Article 34: Administration procedure in charge of international preliminary examination

Article 35: International Preliminary Exam Report

Article 36: Transmission, translation and communication of the international preliminary examination report

Article 37: Withdrawal of the application or of the choice

Article 38: Confidential nature 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: Modification of the claims, description and drawings in the chosen Offices

Article 42: Result of the national examination in the chosen Offices

Chapter III: Common Provisions

Article 43: Searching for certain protection classes

Article 44: Searching for two protection classes

Article 45: Regional Patent Treaty

Article 46: Incorrect translation of the international application

Article 47: Pashes

Article 48: Delays in compliance with certain deadlines

Article 49: Right to act before international administrations

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: Review and Modification

Article 60: Treaty review

Article 61: Amendment of certain provisions of the Treaty

Chapter VIII: Final Clauses

Article 62: Procedure to be a party to the Treaty

Article 63: Treaty entry into force

Article 64: Reservations

Article 65: Gradual application

Article 66: Reporting

Article 67: Signature and languages

Article 68: Depository Functions

Article 69: Notifications

Contracting States,

Eager to contribute to the development of science and technology,

Eager to perfect the legal protection of inventions,

Eager to simplify and make more economical to obtain the protection of inventions, when this protection is desired in several countries,

Eager to facilitate and accelerate access for all to the technical information contained in the documents describing the new inventions,

Eager to stimulate and accelerate the economic progress of developing countries by adopting measures to increase the effectiveness of their legal systems for the protection of inventions, both at national and regional level, allowing easy access to information related to obtaining technological solutions tailored to their specific needs and facilitating access to the ever-growing volume of modern technology.

Convinced that international cooperation will greatly facilitate the achievement of these objectives.

This Treaty has been concluded:

Preliminary Provisions

ARTICLE 1o. CONSTITUTION OF A UNION.

1. The States party to this Treaty (hereinafter referred to as 'the Contracting States') constitute Union for cooperation in the presentation, search and examination of applications for the protection of inventions, and for the provision of special technical services. This Union shall be called the International Patent Cooperation Union.

2. No provision of this Treaty shall be construed as limiting the rights provided for by the Paris Convention for the Protection of the Industrial Property of nationals or residents of countries party to that Convention.

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ARTICLE 2o. DEFINITIONS. For the purposes of this Treaty and its Rules of Procedure and, unless otherwise stated:

(i) "application" means an application for the protection of an invention; any reference to an "application" shall be understood as a reference to applications for patents of invention, inventor's certificates, certificates of use, utility models, patents or add certificates, addition inventor certificates, and add utility certificates;

(ii) Any reference to a "patent" shall be understood as a reference to the patents of invention, to the certificates of inventor, to the certificates of use, to the utility models, to the patents or certificates of addition, to the certificates of addition inventor and add utility certificates;

(iii) "national patent" means a patent granted by a national administration;

(iv) "regional patent" means a patent granted by a national or intergovernmental administration empowered to grant patents for purposes in more than one State;

v) "regional application" means a regional patent application;

vi) Any reference to a "national application" shall be understood as a reference to the applications for national patents and regional patents, other than applications submitted in accordance with this Treaty;

vii) "International application" means an application submitted under this Treaty;

viii) Any reference to an "application" shall be understood as a reference to international and national applications;

ix) Any reference to a "patent" shall be understood as a reference to national and regional patents;

(x) Any reference to "national legislation" shall be understood as a reference to the national law of a Contracting State or, in the case of a regional application or a regional patent, to the treaty providing for the submission of regional applications or the granting of regional patents;

xi) For the purposes of calculating the time-limits, the term "priority date" shall mean:

a) When the international application contains a priority claim under article 8, the filing date of the application whose priority is claimed;

b) When the international application contains several priority claims under article 8, the filing date of the oldest application whose priority is claimed;

(c) When the international application does not contain any priority claims under Article 8, the international filing date of the application;

xii) "National Office" means the governmental authority of a Contracting State in charge of the granting of patents; any reference to a "national office" shall also be understood as a reference to an intergovernmental authority which is entrusted by several States to grant regional patents, provided that one of those States, at least, is a Contracting State and that those States have empowered that authority to assume the obligations and to exercise the powers conferred on it by the This Treaty and its Rules of Procedure confer on national offices;

xiii) "Designated Office" means the national Office of the State designated by the applicant or the office acting for that State, in accordance with the provisions of Chapter I of this Treaty;

xix) "elected Office" means the national Office of the State elected by the applicant or the office acting for that State, in accordance with the provisions of Chapter II of this Treaty;

xv) "Receiving Office" means the National Office or the intergovernmental organization where the international application has been filed;

xvi) "Union" means the International Union of 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, as long as they exist, the United International Offices for the Protection of Intellectual Property (BIRPI);

xx) "Director General" means the Director-General of the Organization, and while the IBRD, the Director of such offices, is subsisting.

CHAPTER I.

INTERNATIONAL REQUEST AND INTERNATIONAL SEARCH.

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ARTICLE 3o. INTERNATIONAL APPLICATION.

1. Applications may be submitted for the protection of inventions in any Contracting State as international applications under this Treaty.

2. In accordance with this Treaty and its Rules of Procedure, an international application shall contain a request, a description, one or more claims, one or more drawings (where necessary) and a summary.

3. The summary shall serve exclusively for technical information and shall not be taken into account for any other purpose, in particular not to assess the extent of the protection requested.

4. The international application:

i) Must be written in one of the prescribed languages;

ii) You must meet the established material requirements;

iii) Must meet the prescribed requirement of unity of the invention;

iv) Devenges the stipulated rates.

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ARTICLE 4. PETER.

1. The request must contain:

i) A request that the international application be dealt with in accordance with this Treaty;

(ii) The designation of the Contracting State (s) in which protection of the invention is desired on the basis of the international application ("designated States"); if the applicant can and wishes to obtain in any of the designated States a If, under a treaty relating to a regional patent, the applicant is unable to limit his application to one of the States party to that Treaty, the name of the applicant must be indicated in the petition. of one of those States and the indication of the desire to obtain a regional patent shall be considered equivalent to the designation of all those States; if, pursuant to the national legislation of the designated State, the designation of that State has the effect of a regional application, that designation shall be deemed to be an indication of the wish to obtain a regional patent;

iii) The name and other prescribed data relating to the applicant and the representative (if applicable);

iv) The title of the invention;

v) The name of the inventor and other prescribed data affecting him, provided that the legislation of one of the designated States, at least, requires that such indications be provided at the time of filing a national application. In other cases, such particulars may appear on the request or in other communications addressed to each designated Office whose national legislation requires them to be provided after the national application is submitted.

2. Any designation shall be subject to the payment of the prescribed fees within the prescribed time limit.

3. If the applicant does not ask for any of the types of protection provided for in Article 43, the designation shall mean that the protection requested consists in the granting of a patent by or for the designated State. For the purposes of this paragraph, Article 2. (ii) shall not apply.

4. The omission of the name and other data relating to the inventor in the request shall not have any effect in the designated States whose national legislation requires such indications but allows them to be provided after the submission of the national application. The omission of such information in a separate communication shall not have any effect on designated States whose national legislation does not require the provision of such information.

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ARTICLE 5o. DESCRIPTION. The description must disclose the invention in a sufficiently clear and complete manner so that it can be performed by a person of the trade.

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ARTICLE 6o. CLAIMS. The claim or claims must define the object of the protection requested. The claims shall be clear and concise and shall be based entirely on the description.

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ARTICLE 7o. DRAWINGS.

1. Without prejudice to the provisions of paragraph 2. (ii) drawings shall be required where necessary to understand the invention.

2. If the invention is of such a nature that it can be illustrated by drawings, even if these are not necessary for their understanding:

i) The applicant may include such drawings when making the international application;

(ii) Any designated Office may require the applicant to submit such drawings to him within the prescribed time limit.

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ARTICLE 8o. PRIORITY CLAIM.

1. The international application may contain a declaration, in accordance with the requirements of the Regulation, claiming the priority of one or more previous applications submitted to or for any country party to the Paris Convention for the Protection of Industrial Property.

2. (a) Without prejudice to paragraph (b), the requirements and effects of a priority claim submitted in accordance with the provisions of paragraph 1 shall be those laid down in Article 4. of the Stockholm Act of the Paris Convention for the Protection of Industrial Property;

(b) The international application claiming the priority of one or more previous applications submitted in or for a Contracting State may designate 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 that has designated a single State, the requirements and effects produced by the claim of priority in that State shall be governed by its national law.

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ARTICLE 9o. REQUESTER.

1. The international application may be filed by any resident or national of a Contracting State.

2. The Assembly may decide that it shall be empowered to submit international applications to residents or nationals of any country party to the Paris Convention for the Protection of Industrial Property which is not a party to this Treaty.

3. The Regulation shall define the concepts of residence and nationality, as well as the application of those concepts where there are several applicants or where they are not the same for all designated States.

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ARTICLE 10. RECEIVING OFFICE. The international application shall be submitted to the prescribed receiving Office, which shall monitor and process it in accordance with the provisions of this Treaty and its Rules of Procedure.

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

1. The receiving Office shall grant as an international filing date the date of receipt of the international application, provided that it establishes at the time of receipt that:

i) The applicant is not manifestly devoid of the right to file an international application at the receiving Office on grounds of residence or nationality;

(ii) The international application is written in the prescribed language;

iii) The international request contains at least the following items:

(a) An indication according to which it has been filed for international application;

(b) The designation of a Contracting State at least;

c) The name of the requester, indicated in the prescribed form;

d) A part that, at first glance, appears to constitute a description;

e) A part that, at first glance, appears to constitute one or more claims.

2. (a) If, at the time of its receipt, the receiving Office finds that the international application does not meet the requirements listed in paragraph 1, it 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 form set out in the Regulation, the receiving Office shall grant as the date of international filing the receipt of the required correction.

3. Without prejudice to the provisions of Article 64.4, any international application which meets the conditions set out in points (i) to (iii) of paragraph 1 and has been granted a date of international presentation, shall have the effect of a national, regular presentation in each designated State from that date; this date shall be deemed to be effective in each designated State.

4. Any international application which complies with the requirements listed in points (i) to (iii) of paragraph 1 shall have the same value as a regular national filing within the meaning of the Paris Convention for the Protection of Industrial Property.

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ARTICLE 12. Transmission of the international application to the International Bureau and the International Search Administration

1. One copy of the international application shall be kept by the receiving Office ("copy for the receiving Office"), another copy ("original copy") shall be transmitted to the International Bureau and another copy ("copy for search") shall be transmitted to the competent authority responsible for the international search provided for in Article 16, in accordance with the provisions of the Regulation.

2. The original copy shall be considered as the authentic copy of the international application.

3. The international application shall be deemed to be withdrawn if the original copy is not received by the International Official within the prescribed period.

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ARTICLE 13.  POSSIBILITY FOR DESIGNATED OFFICES TO RECEIVE COPIES OF THE INTERNATIONAL APPLICATION.

1. Any designated Office may ask the International Bureau for a copy of the international application prior to the communication provided for in Article 20; the International Bureau shall forward that copy to the Office designated as soon as possible after the expiry of the one-year period from the date of priority.

2. (a) The applicant may at any time forward to any designated Office a copy of its international application;

(b) The applicant may at any time request the International Bureau to send a copy of its international application to any designated official; the International Bureau shall forward the copy to the designated office as soon as possible;

(c) Any national Office may notify the International Bureau that it does not wish to receive the copies provided for in paragraph (b); in such a case, that paragraph shall not apply to that Office.

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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) Not signed in the form provided for in the Regulation;

ii) Does not contain the prescribed indications regarding the applicant;

iii) Does not contain a title;

iv) Does not contain a summary;

v) Does not meet the prescribed material requirements, as provided for in the Regulation;

(b) If the receiving Office checks the existence of any such irregularities, it shall invite the applicant to correct the international application within the prescribed period; failing that, the application and the receiving Office shall be deemed to be withdrawn. declare.

2. If drawings are mentioned in the international application, and the drawings are not included in the application, the receiving Office shall inform the applicant who may forward those drawings within the prescribed time limit; in this case, the filing date International law shall be the receipt of such drawings by the receiving Office. Otherwise, any reference to such drawings shall be considered non-existent.

3. a) If the receiving Office finds that the rates prescribed in Article 3.4 (iv) have not been paid within the stipulated period or that the rate prescribed by Article 4.2 has not been paid in respect of any of the designated States, the international application shall be deemed withdrawn and the receiving Office shall declare it;

(b) If the receiving Office finds that the rate prescribed by Article 4.2 has been paid within the stipulated period for one or more designated States (but not all), the withdrawal shall be deemed to be withdrawn. designation of the States for which the fee has not been paid within the stipulated time limit, and the receiving Office shall declare it.

4. If, after an international filing date has been granted to the international application, the receiving Office checks, within the prescribed period, that no of the requirements listed in points (i) to (i) have been met on that date. (iii) of Article 11.1, the application shall be deemed withdrawn and the receiving Office shall declare it.

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ARTICLE 15. INTERNATIONAL SEARCH.

1. Each international application will be the subject of an international search.

2. The purpose of the international search is to discover the state of the relevant technique.

3. The international search shall be carried out on the basis of the claims, taking into account the description and the drawings (if any).

4. The International Search Administration provided for in Article 16 shall endeavour to discover the status of the relevant technique to the extent that it is permitted to do so and, in any case, you must consult the documentation specified by the Regulation.

5. (a) The holder of a national application lodged in the national office of a Contracting State or in the Office acting in such a State may request that such a request be made in respect of such a search for an international search ('international type search ') if the national legislation of that State permits, and under the conditions laid down by such legislation;

(b) If the national law of the Contracting State permits, the national Office of that State or the Office acting in such a State may subject any international application to an international search;

c) The international search will be carried out by the International Search Administration provided for in Article 16, which would be competent to proceed to international search if the national application was an international application lodged at the Office provided for in paragraphs (a) and (b). If the national application is written in a language in which the international search authority considers that it is not capable of acting, the international search shall be carried out on the basis of a translation. prepared by the applicant in one of the languages prescribed for international applications which the applicant has undertaken to accept for international applications. The national application and the translation, where required, shall be submitted in the form established for international applications.

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ARTICLE 16. ADMINISTRATION IN CHARGE OF INTERNATIONAL SEARCH.

1. The international search shall be carried out by an international search authority, which may be a national office or an intergovernmental organisation, such as the International Patent Institute, whose obligations include the establishment of documentary search reports on the state of the art with respect to inventions subject to patent applications.

2. If, until a single administration is established in charge of international search, several administrations responsible for international search exist, each receiving Office shall specify the Administration or Administrations. competent to carry out the search for international applications lodged in that Office, in accordance with the provisions of the applicable agreement referred to in paragraph 3. b).

3. (a) The administrations responsible for international search shall be appointed by the Assembly. The Office responsible for international search may be appointed to any national office and intergovernmental organisation meeting the requirements of paragraph c)

(b) The designation shall be conditional upon the consent of the national Office or the intergovernmental organization concerned and the conclusion of an agreement, which shall be approved by the Assembly, between that Office or the Organization and the Office. International. The agreement shall specify the rights and obligations of the parties and, in particular, the formal commitment of that Office or the Organization to implement and observe all common rules of international search;

c) The Regulation shall prescribe the minimum requirements, in particular as regards staff and documentation, to be met by each Office or Organisation in order to be appointed and which it shall continue to satisfy. remain designated;

(d) The designation shall be made for a specified period which may be extended;

e) Before taking a decision on the designation of a national office or an intergovernmental organisation or the extension of its designation, or before the expiry of that designation, the Assembly shall hear the Office or the Organisation concerned. and shall request the opinion of the Technical Cooperation Committee provided for in Article 56, once that Committee has been established.

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

1. The procedure within the Administration responsible for international search shall be as determined by this Treaty, the Regulation and the Agreement which the International Bureau concludes with that Administration, in accordance with the provisions of this Agreement. the Treaty and the Regulation.

2. a) If the Administration in charge of international search estimates:

i) That the international application refers to a matter in relation to which it is not obliged to proceed to search according to the Regulation, and decides in this case not to proceed to search, or

(ii) That the description, claims or drawings do not satisfy the conditions prescribed, in such a way that a successful search cannot be carried out, the said Administration shall declare and notify the applicant and the Office International that the international search report will not be established;

(b) If any of the situations referred to in subparagraph (a) exist only in relation to certain claims, the international search report shall indicate this for these claims, establishing for the others in the form provided in article 18.

3. (a) If the international search authority considers that the international application does not satisfy the requirement of unity of the invention as defined in the Regulation, it shall invite the applicant to pay additional fees. The international search authority shall establish the international search report on the parts of the international application which relate to the invention first mentioned in the claims ("invention"). '), and if the additional fees required have been paid within the prescribed period, on the parts of the international application which relate to the inventions for which those fees have been paid;

(b) The national law of any designated State may provide that, where the national office of that State considers the invitation of the Administration in charge of international search referred to in paragraph (a) to be justified, and where the the applicant has not paid all the additional fees, the parts of the international application which, as a result, have not been searched for are considered to be withdrawn for the purposes of that State, unless the applicant pays a fee special to the national office of that State.

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ARTICLE 18. INTERNATIONAL SEARCH REPORT.

1. The international search report shall be established within the prescribed period and in the prescribed form.

2. The international search report will be transmitted by the International Search Administration to the applicant and the International Bureau as soon as it is finished.

3. The international search report or the declaration referred to in Article 17.2. (a) shall be translated in accordance with the Regulation. Translations will be prepared by the International Bureau or under your responsibility.

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ARTICLE 19. MODIFICATION OF CLAIMS IN THE INTERNATIONAL OFFICE.

1. After receiving the international search report, the applicant shall have the right to modify the claims of the international application in a single opportunity, submitting the modifications to the International Bureau within the deadline prescribed. At the same time, it may submit a short statement, in accordance with the provisions of the Regulation, explaining the Amendments and indicating the effects they may have on the description and drawings.

2. The modifications may not go beyond the disclosure of the invention contained in the international application as presented.

3. Failure to comply with the provisions of paragraph 2. it shall not have consequences in a designated State whose national legislation allows amendments to go beyond that disclosure.

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ARTICLE 20. COMMUNICATION TO DESIGNATED OFFICES.

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

(b) The communication shall include the translation (in the prescribed form) of that report or statement.

2. If the claims have been modified pursuant to article 19.1, the communication shall contain the full text of the claims as submitted and amended, or the full text of the claims claims as submitted, specifying the modifications, and shall include, where appropriate, the declaration provided for in Article 19.1.

3. At the request of the designated Office or the applicant, the Office responsible for international search shall send the Office or the applicant, respectively, copies of the documents referred to in the international search report, compliance with the provisions of the Regulation.

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ARTICLE 21. INTERNATIONAL PUBLICATION.

1. International applications shall be published by the International Bureau.

2. (a) Without prejudice to the exceptions provided for in paragraph (b) and in Article 64.3), the international publication of the international application shall be made as soon as possible after the expiry of a period of 18 months from the priority date of that request;

(b) The applicant may request the International Bureau to publish its international application at any time before the expiry of the period referred to in paragraph (a). The International Bureau shall proceed accordingly, in accordance with the Rules of Procedure.

3. The international search report or the declaration referred to in Article 17.2 (a) shall be published in the form provided for in the Regulation.

4. The Regulation shall establish the language in which the international publication, its form and other details shall be carried out.

5. No international publication shall be made if the international application is withdrawn or considered to be withdrawn before the technical preparation of the publication is completed.

6. If the International Bureau considers that the international application contains expressions or drawings contrary to good customs or public order, or denigrating statements as defined in the Regulation, it may omit those of its publications, indicating the place and number of words or drawings omitted. Upon request, the International Bureau shall provide individual copies of the omitted passages.

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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 the communication provided for in Article 20has already been made) and a translation thereof (such as this (a) and shall pay the national fee (if applicable) before the expiry of a period of 20 months from the date of priority. Where the national legislation of the designated State requires the indication of the name and other prescribed data relating to the inventor, but allows those particulars to be provided after the submission of an application national, unless such indications are already in the petition, the applicant shall provide them to the national Office of that State or to the Office acting on behalf of the Office before the expiry of a period of 20 months from the date of priority.

2. When, pursuant to article 17.2 (a), the International Search Administration declares that an international search report will not be established, the deadline for compliance with the acts referred to in paragraph 1. of this Article shall be the same as that provided for in the paragraph.

3. For the purposes of the acts provided for in paragraph 1. or 2. any national legislation may set maturity periods after those set out in those paragraphs.

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ARTICLE 23. SUSPENSION OF THE NATIONAL PROCEDURE.

1. No designated Office shall process or examine the international application before the expiry of the applicable time limit in accordance with Article 22.

2. Without prejudice to the provisions of the paragraph, any designated Office may at any time process or examine the international application at the express request of the applicant.

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ARTICLE 24. POSSIBLE LOSS OF EFFECTS IN DESIGNATED STATES.

1. Without prejudice to the provisions of Article 25, in the case referred to in point (ii) below, the effects of the international application prescribed in Article 11.3 shall cease in all Designated State and that cessation shall have the same consequences as the withdrawal of a national application in that State;

i) if the applicant withdraws its international application or the designation of that State;

(ii) if the international application is deemed to be withdrawn pursuant to the provisions of Articles 12.3 14.1 (b), 14.3 (a) or 14.4), or if the designation of that State is considered to be withdrawn in accordance with the provisions of Article 14.3) b);

iii) if the applicant does not comply with the acts referred to in Article 22 within the applicable time limit.

2. Without prejudice to the provisions of paragraph 1, any designated Office may maintain the effects provided for in Article 11.3 even if such effects are not required to be maintained under Article 25.2.

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ARTICLE 25. REVIEW BY DESIGNATED OFFICES.

l. (a) Where the receiving Office refuses to grant an international filing date or declares that the international application is considered to be withdrawn, or when the International Bureau reaches the conclusion provided for in Article 12.3, the International Bureau, at the request of the applicant, shall 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 declares that the designation of a State is considered to be withdrawn, the International Bureau, at the request of the applicant, shall send copies of all the documents contained in the file to the Office's national office. Status as soon as possible;

(c) Requests made under paragraphs (a) or (b) shall be submitted within the prescribed period.

2. (a) Subject to paragraph (b), provided that the national fee has been paid and that the appropriate translation (in the prescribed form) has been provided within the prescribed period, each designated Office shall decide whether the refusal, the statement or conclusion referred to in paragraph 1. were justified in accordance with the provisions of this Treaty and its Rules of Procedure and, if it decides that the rejection or declaration is the result of an error or omission from the receiving Office, or that the conclusion is a result of an error or an omission by the International Bureau shall process the international application, in respect of its effects in the designated Office State, as if such error or omission had not occurred;

(b) When the original copy arrives at the International Bureau after the expiry of the time limit prescribed in Article 12.3 due to any errors or omissions of the applicant, only the provisions shall apply. (a) in the circumstances referred to in Article 48.2.

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ARTICLE 26. OPPORTUNITY TO CORRECT THE APPLICATION IN THE DESIGNATED OFFICES. No designated Office may reject an international application on the grounds that it does not comply with the requirements of this Treaty and its Regulation, without first giving the applicant the opportunity to correct such an application, to the extent and in accordance with the procedure laid down in national law for identical or similar situations arising in relation to national applications.

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ARTICLE 27. NATIONAL REQUIREMENTS.

1. No national legislation may require that the international application comply with requirements other than those provided for in this Treaty and its Rules of Procedure or with additional requirements as to its form or content.

2. The provisions of paragraph 1. shall not affect the application of Article 7.2 or prevent any national legislation from requiring, once the processing of the international application has commenced in the designated Office, that the Background:

i) when the applicant is a legal person, the name of an authorized manager to represent him;

(ii) documents which do not belong to the international application but which constitute evidence of allegations or statements appearing in that application, including confirmation of the international application by the applicant's signature where, when such a request is submitted, it has been signed by his representative or by his representative.

3. The designated Office may reject the international application where, for the purposes of any designated State, the applicant does not fulfil the conditions required by the national law of that State to submit a national application for not be the inventor.

4. Where, in respect of the form or content of national applications, national legislation provides for requirements which, from the point of view of applicants, are more favourable than those laid down by this Treaty and its Regulation for the international applications, the national office, the courts and any other competent bodies of the designated State or acting on behalf of the State may apply the more favourable requirements to international applications instead of of the other, except where the applicant insists, that they apply to his international application the requirements laid down in this Treaty and its Rules of Procedure.

5. No provision of this Treaty or of its Rules of Procedure may be interpreted as limiting the freedom of each Contracting State to prescribe all the substantive requirements for patentability it wishes. In particular, any provision of this Treaty and of its Regulation on the definition of the prior state of the art shall be understood solely for the purposes of applying the international procedure and, consequently, Contracting State, when determining the patentability of the invention claimed in an international application, shall be free to apply the criteria of its national legislation as to the prior state of the art and other requirements of patentability which do not constitute requirements relating to the form and content of the requests.

6. National legislation may require the applicant to provide evidence in relation to any substantive requirements for patentability that prescribe such legislation.

7. Any receiving Office, or any designated Office which has begun to process the international application, may apply national law in respect of any requirement requiring the applicant to be represented by a authorised to represent applicants to the said Office and/or the applicant to have an address in the designated State for the notifications.

8. No provision of this Treaty or of the Regulation may be interpreted as limiting the freedom of any Contracting State to implement the measures it deems necessary in order to preserve its national security or to limit its security. the right of their own residents or nationals to submit international applications in order to protect the general economic interests of that State.

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

1. The applicant shall have the possibility to modify the claims, description and drawings presented in each designated Office within the prescribed period. No designated Office shall grant a patent or refuse to grant it before the expiry of that period, except with the express consent of the applicant.

2. The modifications shall not exceed the disclosure of the invention included in the international application, as presented, unless the national legislation of the designated State permits to go beyond the said disclosure.

3. Amendments shall be in accordance with the national legislation of the designated State in all aspects not provided for by this Treaty or its Rules of Procedure.

4. Where the designated Office requires a translation of the international application, the changes shall be made in the language of the translation.

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ARTICLE 29. EFFECTS OF INTERNATIONAL PUBLICATION.

1. As regards the protection of any right of the applicant in a designated State, without prejudice to the provisions of paragraphs 2o. (a) the international publication of an international application shall have the same effect in that State as those which the legislation of that State provides for the compulsory national publication of the own national applications not examined.

2. If the language of the international publication is different from the language used in the publications made in accordance with the national legislation of the designated State, such national legislation may provide that the effects provided for in paragraph 1. only apply from the date on which:

i) a translation is published in this last language, in accordance with the provisions of national legislation; or

(ii) a translation in this last language shall be made available to the public, leaving it open for public inspection, in accordance with national law, or

iii) the applicant sends a translation in this last language to the current or suspected unauthorized user of the invention claimed in the international application, or

iv) the acts referred to in points (i) and (iii), as described in points (ii) and (iii), have been complied with.

3. The national legislation of any designated State may provide that, where the international publication has been made, the effects referred to in paragraph 1. shall only apply after 18 months from the date of priority, if the applicant so requests before 18 months from the date of priority.

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

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ARTICLE 30. CONFIDENTIAL NATURE OF THE INTERNATIONAL APPLICATION.

1. (a) Without prejudice to paragraph (b), the International Bureau and the International Search Administrations shall not allow any person or administration to have access to the international application prior to their international publication, except request or authorisation of the applicant;

(b) The provisions of paragraph (a) shall not apply to any shipment to the Administration in charge of the competent international search, to the shipments provided for in Article 13, or to communications provided by article 20.

2. (a) Unless the applicant is requested or authorised, no national Office shall permit third party access to the international application before the first of the following dates elapse:

i) the international publication date of the international application;

(ii) the date of receipt of the communication of the international application in accordance with Article 20;

iii) the date of receipt of a copy of the international application in accordance with Article 22;

(b) The provisions of paragraph (a) shall not prevent a national Office from informing third parties that it has been designated or that it publishes such a fact. However, such information or publication may contain only the following information: identification of the receiving Office, name of the applicant, date of the international filing, number of the international application and title of the invention;

(c) The provisions of paragraph (a) shall not prevent any designated Office from allowing judicial authorities access to the international application.

3. The provisions of paragraph 2. (a) shall apply to any receiving Office, except as regards the consignments referred to in Article 12.1).

4. For the purposes of this Article, the term "access" shall comprise all means by which third parties may be aware, including individual communication and general publication, but that the expression "access" shall be understood as no national Office may publish in general an international application or its translation before the international publication or before 20 months have elapsed from the date of priority, if the international publication has not taken place within that period.

CHAPTER II.

INTERNATIONAL PRELIMINARY EXAMINATION.

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ARTICLE 31. INTERNATIONAL PRELIMINARY EXAMINATION REQUEST.

1. At the request of the applicant, his international application shall be subject to an international preliminary examination in accordance with the provisions of the following provisions and the Regulation.

2. (a) an application for an international preliminary examination may be submitted by any applicant who, in accordance with the definition laid down in the Regulation, is resident or national of a Contracting State bound by Chapter II and whose application has been filed with or acting on behalf of the receiving Office of that State;

(b) The Assembly may decide to empower persons authorized to submit international applications to submit an application for an international preliminary examination even if they are resident or national of a non-State. part of this Treaty or which is not bound by Chapter II.

3. The application for international preliminary examination shall be made independently of the international application. It shall contain the prescribed indications and shall be made in the language and in the intended form.

4. (a) The application shall indicate the Contracting State or States in which the applicant intends to use the results of the international preliminary examination ("States chosen"). Additional Contracting States may subsequently be chosen. The choice may only be made by Contracting States already designated in accordance with Article 4or.;

(b) The applicants referred to in paragraph 2o. (a) may choose any Contracting State bound by Chapter II. The applicants referred to in paragraph 2o. (b) only the Contracting States bound by Chapter II which have declared themselves willing to be elected by such applicants may choose.

5. The application shall be subject to the payment of the prescribed fees within the prescribed period.

6. (a) The application shall be submitted to the Administration in charge of the competent international preliminary examination referred to in Article 32.

b) Any subsequent election shall be submitted to the International Bureau.

7. Each elected Office shall be notified of their choice.

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ARTICLE 32. ADMINISTRATION IN CHARGE OF THE INTERNATIONAL PRELIMINARY EXAMINATION.

1. The international preliminary examination shall be carried out by the Administration responsible for the international preliminary examination.

2, under the applicable agreement concluded between the Administration or the Administrations in charge of the international preliminary examination concerned and the International Bureau, the receiving Office, in the case of the applications mentioned in the Article 31.2 (a), and the Assembly, in that of the applications referred to in Article 31.2 (b), shall determine the Administration or Administrations which shall be competent to take care of of the preliminary examination.

3. The provisions of Article 16.3 shall apply mutatis mutandis to the administrations in charge of the international preliminary examination.

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ARTICLE 33. INTERNATIONAL PRELIMINARY EXAMINATION.

1. The purpose of the international preliminary examination will be to formulate a preliminary and uncommitted opinion on the following questions: whether the claimed invention appears to be new, whether it involves an inventive activity (not evident) and whether it is susceptible of industrial application.

2. For the purposes of the preliminary, international examination, a claimed invention shall be considered new if there is no prior art in the state of the art as defined in the Regulation.

3. For the purposes of the international preliminary examination, a claimed invention shall be considered to imply an inventive activity, taking into account the state of the art as defined in the Regulation, the invention is not evident for a person of the trade on the relevant date prescribed.

4. For the purposes of the international preliminary examination, an invention claimed to be capable of industrial application shall be deemed to be capable of industrial application where, in accordance with its character, its object may be produced or used (in the technological sense) type of industry. The expression "industry" must be understood in its broadest sense, as in the Paris Convention for the Protection of Industrial Property.

5. The criteria described above will only serve the purposes of the international preliminary examination. Any Contracting State may apply additional or different criteria in order to decide whether or not the invention claimed is patentable in that State.

6. The international preliminary examination shall take into account all the documents cited in the international search report. You may take into consideration any additional documents that you consider relevant in that particular case.

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ARTICLE 34. PROCEDURE OF THE ADMINISTRATION IN CHARGE OF THE INTERNATIONAL PRELIMINARY EXAMINATION.

1. The procedure of the Administration in charge of the international preliminary examination shall be governed by the provisions of this Treaty, the Rules of Procedure and the Agreement which the International Bureau shall arrange with that Administration, subject to the rules of this Treaty and its Rules of Procedure.

2. (a) The applicant shall be entitled to communicate orally and in writing with the Administration in charge of the international preliminary examination;

(b) The applicant may modify the claims, description and drawings, in the form and within the prescribed period, before the international preliminary examination report is drawn up. The amendments shall not exceed the disclosure of the invention included in the international application, as presented;

(c) The applicant shall receive at least one written opinion from the administration in charge of the international preliminary examination, unless that Administration considers that the following conditions have been met:

i) The invention meets the criteria set out in article 33.1);

(ii) The international application complies with the requirements of this Treaty and of the Regulation to the extent that this Administration verifies them;

iii) It is not considered necessary to formulate the observations provided for in the last sentence of article 35.2;

d) The applicant may respond to the written opinion;

3 (a) If the Administration in charge of the international preliminary examination considers that the international application does not comply with the requirement of unity of the invention, as set out in the Regulation, it may invite the applicant to, at his/her choice, limit claims in order to meet that requirement or pay additional fees;

(b) The national legislation of any elected State may provide that, where the applicant chooses to limit claims in accordance with paragraph (a), the parties to the international application which are not subject to the application shall be deemed to be withdrawn. of an international preliminary examination as a result of the limitation, as regards the effects in that State, unless the applicant pays a special fee to the national Office of that State;

(c) If the applicant does not comply with the invitation referred to in subparagraph (a) within the prescribed period, the International Preliminary Examination Administration shall issue a report of the international preliminary examination on the parts of the application. (a) international law which relates to what appears to constitute the main invention and shall indicate the relevant facts in that report. The national legislation of any State elected may provide that, where the national office of that State considers the invitation of the Administration responsible for the international preliminary examination to be justified, the parts of the an international application which is not related to the main invention, as regards the effects in that State, unless the applicant pays the Office a special fee;

4. (a) If the administration in charge of the international preliminary examination considers:

(i) that the international application concerns a matter for which, according to the Regulation, it is not required to carry out an international preliminary examination and decide in that particular case not to carry out such an examination

or

ii) That the description, the claims or the drawings are so obscure, or that the reinvications are based in such an inadequate way on the description, that no meaningful opinion can be formed in relation to the novelty, the activity inventiveness (no evidence) or the industrial application of the claimed invention, that Administration shall not examine the issues referred to in Article 33.1) and shall communicate this opinion and its reasons to the applicant;

(b) If any of the situations referred to in subparagraph (a) are estimated to exist only in or in respect of certain claims, the provisions of paragraph (a) shall apply only to such claims.

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ARTICLE 35. INTERNATIONAL PRELIMINARY EXAMINATION REPORT.

1. The international preliminary examination report shall be issued within the prescribed period and in the prescribed form.

2. The international preliminary examination report shall not contain any statement on the question of whether the invention claimed is or appears to be patentable or not patentable in accordance with national legislation. Without prejudice to the provisions of paragraph 3, the report shall, in respect of each claim, declare whether it appears to satisfy the criteria of novelty, inventive activity (no evidence) and industrial application, as defined in the Article 33.1 to 4, for the purposes of the international preliminary examination. The declaration shall contain the statement of the documents supporting the abovementioned conclusion and the explanations which the circumstances of the case may require. The declaration shall also contain the other observations provided for by the Regulation.

3. (a) If at the time of issue of the international preliminary examination report, the Administration in charge of the international preliminary examination considers that there are any of the situations referred to in Article 34.4, (a) the report shall contain such an opinion and the reasons for it. The report shall not contain any statement, as provided for in paragraph 2;

(b) If any of the situations referred to in Article 34.4estimated to exist, (b) the international preliminary examination report shall contain, in relation to the respective claims, the statement referred to in paragraph (a) and, in relation to the other claims, the declaration referred to in paragraph 2.

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ARTICLE 36. TRANSMISSION, TRANSLATION AND COMMUNICATION OF THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT.

1. The international preliminary examination report accompanied by the prescribed annexes shall be transmitted to the applicant and the International Bureau.

2. (a) The international preliminary examination report and its annexes shall be translated into the established languages.

(b) The translation of the report shall be carried out by or under the responsibility of the International Bureau; the translation of the annexes shall be prepared by the applicant.

3. (a) The International Bureau shall communicate the international preliminary examination report with its translation (in the prescribed form) and its annexes (in original language) to each elected Office;

(b) The applicant shall transmit the translation of the Annexes to the chosen Offices within the prescribed time limit.

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

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ARTICLE 37. WITHDRAWAL OF THE APPLICATION OR OF THE CHOICE.

1. The applicant may withdraw some or all of the elections.

2. If the election of all the chosen 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 corresponding Administration in charge of the international preliminary examination.

4. (a) Without prejudice to paragraph (b), the withdrawal of the application or the choice of a Contracting State shall be deemed to have been withdrawn from the international application in respect of that State, unless the national legislation of that State State provides otherwise;

(b) The withdrawal of the application or of the choice shall not be deemed to be withdrawn from the international application if it is made before the expiry of the applicable time limit provided for in Article 22; however, any A Contracting State may provide in its national legislation that the foregoing shall apply only where the national Office receives, within that period, a copy of the international application, together with a translation (in the prescribed form), and the national rate.

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ARTICLE 38. CONFIDENTIAL NATURE OF THE INTERNATIONAL PRELIMINARY EXAMINATION.

1. Unless the applicant, the International Bureau or the Administration in charge of the international preliminary examination has requested or is authorised to do so, they shall at no time allow access to the international preliminary examination file, in the sense and in the conditions provided for in Article 30.4, to any person or administration, with the exception of the elected Offices, after the international preliminary examination report has been issued.

2. Without prejudice to the provisions of paragraph 1. and in Articles 36.1 and 3 and 37.3 (b), and except for the request or authorization of the applicant, the International Bureau or the Administration in charge of the international preliminary examination provide information on the issuance or refusal of issuance of an international preliminary examination report, or on the withdrawal or maintenance of the application for an international preliminary examination or any election.

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

1. (a) If the choice of a Contracting State is made before the end of the 19th month counted from the date of priority, the provisions of Article 22 and the applicant shall not apply to that State. provide each elected Office with a copy of the international application (unless the communication provided for in Article 20has already taken place) and a translation of that request (as prescribed); and pay (if applicable) the national fee, before 30 months from the date of priority;

(b) In order to comply with the acts referred to in paragraph (a), any national legislation may set deadlines that expire after the date provided for in that paragraph.

2. If the applicant does not execute the acts referred to in paragraph 1. (a) within the period applicable in accordance with paragraph 1 (a) or (b), the effects provided for in Article 11.3shall cease in the chosen State, with the same consequences as those for the withdrawal of a national application in that State.

3. Any chosen Office may maintain the effects provided for in Article 11.3, even if the applicant does not meet the requirements set out in paragraph 1 (a) or (b).

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ARTICLE 40. SUSPENSION OF THE NATIONAL EXAMINATION AND OTHER PROCEDURES.

1. If the choice of a Contracting State is made before the end of the 19th month counted from the date of priority, the provisions of Article 23 shall not apply to that State and, without prejudice to in paragraph 2, the national Office or any Office acting for that State shall not carry out the examination or any other procedure relating to the international application before the expiry of the period applicable under Article 39.

2. Notwithstanding the provisions of paragraph 1, and if expressly requested by the applicant, any elected Office may proceed at any time to the examination and other formalities of the international application.

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ARTICLE 41.  MODIFICATION OF THE CLAIMS, DESCRIPTION AND DRAWINGS IN THE OFFICES CHOSEN.

1. The applicant shall have the opportunity to modify the claims, description and drawings in each elected Office within the prescribed period. 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 exceed the disclosure of the invention contained in the international application, as presented, unless the national law of the chosen State authorizes the amendments to exceed such disclosure.

3. The amendments shall be in accordance with the national law of the State elected in all respects not provided for in this Treaty and its Rules of Procedure.

4. Where an elected Office requires a translation of the international application, the changes shall be made in the language of the translation.

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ARTICLE 42. RESULT OF THE NATIONAL EXAMINATION IN THE OFFICES CHOSEN. The elected offices which receive the international preliminary examination report may not require the applicant to provide copies of the documents relating to the examination carried out in any other Office chosen on the same international application, or information on the content of those documents.

CHAPTER III.

IO PROVISIONS.

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ARTICLE 43.  SEARCH FOR CERTAIN CLASSES OF PROTECTION. In accordance with the provisions of the Regulation, the applicant may indicate in respect of any designated or elected State whose legislation provides for the granting of certificates of inventor, utility certificates, utility models, patents or certificates of addition, certificates of inventor of addition or certificates of addition utility, that the object of their international application, as far as that State is concerned, is the concession of an inventor certificate, a utility certificate, or a utility model, instead of a patent, or the granting of a patent or certificate of addition, a certificate of inventor of addition or a certificate of utility of addition; the effects derived from that indication shall be governed by the choice of the applicant. For the purposes of this Article and any rules related thereto, Article 2. (ii) shall not apply.

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