296/1991.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
about the Patent Cooperation Treaty and the implementing regulation to it
Change: 529/1992 Sb.
Change: 105/1993.
Change: 105/1993.
Modified: 26/1994 Coll.
Modified: 11/1998 Coll. (part)
Modified: 11/1998 Coll.
Change: 340/1999 Coll.
Modified: 23/2002 Coll.
Change: 44/2002 Coll.
Modified: 20/2004 Coll.
Modified: 21/2004 Coll., 22/2001 Coll.
Change: 41/2005 Coll.
Change: 36/2006 Coll.
Change: 41/2008 Coll.
Change: 41/2008 Coll.
Change: 88/2008 Coll.
Change: 52/2009 Coll.
Change: 53/2010 Coll.
Change: 60/2011 Coll.
Change: 63/2012 Coll.
Change: 101/2012 Coll.
Change: 34/2014 Coll.
Change: 37/2015 Coll.
The Federal Ministry of Foreign Affairs says that the 19 July. June
1970 in Washington received Patent Cooperation Treaty and the
The detailed prescription to her.
With the Treaty, expressed its approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the instrument of accession of Czech and Slovak
The Federal Republic to the Patent Cooperation Treaty was deposited with the
the depositary, the Director-General of the world intellectual property organization
ownership, on 20 April. March 1991.
Treaty has entered into force pursuant to its article 63 para. 1 on 1 January 2000.
June 1978. For the Czech and Slovak Federal Republic shall enter into
into force, pursuant to article 63 para. 2 day 20. June 1991.
English translation of the Treaty shall be designated at the same time.
CONTRACT
about the Patent Cooperation adopted in Washington on 19 December. June 1970,
modified in 1979 and 1984
The Contracting States
Desiring to contribute to the progress of science and technology,
Desiring to improve the legal protection of inventions,
Desiring to simplify and rationalise the obtaining of protection for inventions where there
where protection is required in more countries
Desiring to facilitate and accelerate access by the public to the technical
the information contained in documents describing new inventions,
Desiring to promote and expedite the economic progress of developing countries
the adoption of measures to increase the effectiveness of their national or
regional legal systems for the protection of inventions by providing easily
accessible information about the existence of a technical solution corresponding to the
to their specific needs and by facilitating access is still
the growing scale of modern technology,
in the belief that the cooperation between peoples substantially facilitate the achievement of the
These objectives, have entered into this agreement.
Introductory provisions
Article 1
The Establishment Of The Union
(1) the States that are members of the Treaty (hereinafter referred to as "the Contracting States"),
create a Union for cooperation in the filing to protect
inventions, while performing research for them and in their survey, as well as
for the provision of special technical services. This Union is called
International Patent Cooperation Union.
(2) no provision of the Treaty cannot be interpreted as meaning that it would be at the expense of
rights in accordance with the provisions of the Paris Convention for the protection of industrial
ownership of a citizen of a country that is a member of this Convention, or of the person who has
in such a country.
Article 2
Definition of terms
For the purposes of this Treaty and of the implementing regulation, if it is not explicitly
otherwise noted:
(i) the term "application" means an application for the protection of the invention; all
links on "application form" means the links to application for grant of a patent
the invention, copyright certificates on the invention, utility model certificates,
utility model patent or certificate on additional invention and
of the supplementary certificate for utility model;
(ii) the references to the term "patent" means a patent for invention links,
the patent for the invention, utility model certificates, the
utility model, on the additional patent or certificate on supplementary copyright
certificate for invention and the supplementary certificate for utility model;
(iii) the term "national patent" means a patent granted to national Office;
(iv) the term "regional patent" means a patent granted by the national or
an intergovernmental body authorized to grant patents with effect in more than
one State;
(v) the term "regional application" means an application to the regional
patent;
(vi) references to a "national application" means the application of references
the granting of national patents and regional patents, with the exception of applications
pursuant to the Treaty;
(vii) the term "international application" means an application filed under the
Of the Treaty;
(viii) all references to the "application form" means the references to the international
application or a national application;
(ix) all references to a "patent" shall mean the references to national patents and
regional patents;
(x) all references to "national law" shall mean the references to
the national legislation of a Contracting State, or in the case of regional
application or a regional patent, the contract that governs the administration of
regional applications or the granting of regional patents;
(xi) the term "priority date" for the purposes of computing time limits, means:
(a) for international applications in which the priority was applied in accordance with article
8, the date of filing of the application whose priority is as follows applies;
(b) in the case of an international application with multiple priorities put forward by the
Article 8, the filing date of the earliest application whose priority is as follows
applies;
(c) in the case of an international application without priority claimed under article 8, the date of
international filing of such application;
(xii) the term "national Office" means the Government authority of a Contracting State
entrusted with the granting of patents; references to "national Office" means the
also links to any intergovernmental body responsible for multiple States
the task of granting regional patents, if at least one of these States
is a Contracting State and if such States as responsible authority performance
rights and obligations which this agreement and the implementing regulation provides for the
the national authorities;
(xiii) the term "designated Office" means the national authority designated by the
by the applicant in accordance with the provisions of title I of the Treaty or the Office for active
This State;
(xiv) the term "elected Office" means the national authority of the State of the selected
by the applicant in accordance with the provisions of title II of the Treaty or the Office for active
This State;
(xv) the term "receiving Office" means the national Office or intergovernmental
organization where the international application has been filed;
(xvi) the term "Union" means the International Union patent
cooperation;
(xvii) the term "Assembly" means the Assembly of the Union;
(xviii) the term "organization" means the world Organization for intellectual
property rights;
(xix) the term "International Bureau" means the International Bureau of the Organization and
during the period of the existence of the international associated offices for protection
of intellectual property (BIRPI);
(xx) the term "Director General" means the Director General of the Organization of the
and after the lifetime of the BIRPI-BIRPI Director.
TITLE I OF THE
International application and international search
Article 3
The international application
(1) Applications for the protection of inventions in any Contracting State may
be served as international applications under this Treaty.
(2) the international application contains, in accordance with this agreement and the
By the implementing regulation a request, a description, one or more claims, one or
more drawings (where required) and an annotation.
(3) the purpose of annotation is just technical information and it cannot be used for any other
the purpose, in particular not for the interpretation of the scope of the desired protection.
(4) the international application shall
(i) be in the prescribed language;
(ii) correspond to the prescribed requirements on the presentation;
(iii) respond to the prescribed requirement of unity of invention;
(iv) be subject to payment of the prescribed fees.
Article 4
The request of the
(1) the request shall contain:
(i) the proposal that the international application be dealt with in accordance with the Treaty;
(ii) the designation of a Contracting State or States in which protection is sought
the invention on the basis of the international application ("designated States"); If
can be used in a specified State to obtain a regional patent and if you
the applicant wishes to obtain a regional patent rather than national, it is
should be stated in the application; If the applicant cannot limit by
regional patent treaty your application only to some of the participating
States of the Treaty, then the designation of one of these States and the request for the grant of
regional patent shall be considered as determining all of the above
States; If, according to the national legislation of a designated State,
the designation of this State is considered a regional application form, then such determination
It will be considered as a request for the grant of a regional patent;
(iii) the name of and other prescribed data concerning the applicant and the representative (if the
the applicant represented);
(iv) the title of the invention;
(v) the name of and other prescribed data concerning the inventor where the national
law of at least one of the designated States requires that these
data when filing national applications. Otherwise, you can specify either the data referred to in
the request, or in special submissions sent by each of the designated
the authorities, whose national legislation requires this information, however,
It allows their submission later than the filing of a national application.
(2) the identification of each Contracting State shall be subject to payment of the prescribed
of the fee within the prescribed period.
(3) if the applicant does not ask about other kinds of protection referred to in article 43,
, by specifying the required protection consisting in the grant of a patent
designated by the State or for the specified state. For the purposes of this paragraph does not apply
Article 2 (ii).
(4) if the application is not in the name of and other prescribed data on
the inventors, it will not have any consequences in those designated States
whose national law, although these data requires, but allows their
presentation of the later filing of a national application. If they are not
information is given in a separate filing, it will not have any consequences in the
designated States whose national law does not require this information.
Article 5
Description
In the description of the invention must be elucidated sufficiently clearly and completely so that
According to the invention could proceed.
Article 6
Claims
The claim or claims shall define the subject matter for which protection is sought.
Claims must be clear and concise. It must completely rely on the description.
Article 7
Drawings
(1) subject to the provisions of paragraph 1. (2) (ii) is required if drawings
If they are necessary for the understanding of the invention.
(2) in the case where it is not necessary for the understanding of the invention, but the nature of the
the invention admits of explanation with the drawing;
(i) the applicant may attach such drawings to the international application
When the Administration;
(ii) each designated Office may require the applicant to such
drawings submitted in due time.
Article 8
The application of priority
(1) the international application may contain a declaration under the provisions of the
Of the implementing regulation, which applies the priority of one or more
earlier applications filed in a Member State of the Paris Convention
for the protection of industrial property, or with effect for such a State.
(2)
(a) subject to the provisions of subparagraph (b), the conditions and effects of priority
put forward a declaration referred to in paragraph (1) shall be governed by the provisions of article 4
The Stockholm Convention for the protection of industrial zněníPařížské
ownership.
(b) the international application for which the priority is claimed one or
several earlier applications filed in a Contracting State or
efficiency for a Contracting State, that State may specify. In
the case that in the international application claims the priority of one or
several national applications filed in the specified State or with effect
for the designated State or the priority of the international application in which it was
only one State, the conditions and the effects of the application of priorities in this
the State is governed by the national law of that State.
Article 9
The applicant has
(1) every citizen of a Contracting State or the one who has in a Contracting State
stay, may file an international application.
(2) the Assembly may decide that the citizens of any of the Member
country Paris Convention for the protection of industrial property, which is not
a party to this agreement, and to those who have a residence permits
to submit an international application.
(3) the concepts of residence and nationality, as well as the application of these concepts in the
cases where more than one applicant, or where it is not the same
the applicant for all designated States, lays down the detailed prescription.
Article 10
The Admissions Office
The international application shall be filed with the receiving Office, provided that
It shall examine and discuss, as provided for in the Treaty and in the implementing
prescription.
Article 11
Filing date and effects of international application
(1) the receiving Office of the international filing date shall recognize the date when
the international application, provided that, at the time of its
adoption establishes that:
(i) the applicant may not be deprived of the right, because of the stay or
citizenship, to submit an international application with the receiving Office;
(ii) the international application is in the prescribed language;
(iii) the international application contains at least the following particulars:
(a) an indication that the international application
(b) the designation of at least one Contracting State
(c) the name of the applicant for the prescribed manner
(d) section, which is clearly a signature
(e) section, which is clearly a claim or claims.
(2)
(a) if the receiving Office finds that the international application at the time,
When she came, did not meet the requirements referred to in paragraph (1), it shall invite the
the applicant to file, within the meaning of the implementing regulation
the correction you want.
(b) if the applicant fails this challenge within the meaning of the CCIP
the Admissions Office, the date of the International Administration considers the date when
She reached the desired fix.
(3) subject to article 64 (4), each international application that
meets the requirements of points (i) to (iii) of paragraph (1), and in which it was accepted
the international filing date, the effects of regular national application as
each designated State, from the international filing date, the
the date of the actual filing date considered in each designated State.
(4) any international application which complies with the requirements referred to in
points (i) to (iii) of paragraph (1) has the same effect as a proper national
the application within the meaning of the Paris Convention for the protection of industrial
ownership.
Article 12
Transmission of the international application, the International Bureau and the authority for
international search
(1) one copy of the international application, the receiving Office shall retain
("receiving copy"), one copy ("archival copies")
shall transmit to the International Bureau and another copy ("search copy") shall be
shall transmit to the competent authority for the international examination report referred to in article 16,
According to the provisions of the implementing regulation.
(2) Archival copy is considered to be an authentic copy of the
of the international application.
(3) the international application shall be deemed to have been withdrawn if the
The International Bureau has not received a copy of the archive within the prescribed period.
Article 13
A copy of the international application to designated offices
(1) any designated Office may ask the International Bureau to give him forward
a copy of the international application before the notification in accordance with článku20 and
The International Bureau shall transmit a copy to the designated Office as soon as this
After the expiry of one year from the date of priority.
(2)
(a) the applicant may forward a copy of his international application
any designated Office at any time.
(b) the applicant may at any time request the International Bureau to forward
a copy of his international application to any designated Office, and
The International Bureau shall send a copy of this to the specified Office in the shortest
the time.
(c) any national Office may notify the International Bureau that it wishes not to
to receive a copy referred to in subparagraph (b); in this case, this
subparagraph shall not apply to that Office.
Article 14
Some of the shortcomings of the international application
(1)
(a) the receiving Office shall examine whether the international application:
(i) is signed in accordance with the implementing regulation;
(ii) contains the prescribed information about the applicant;
(iii) contains the name of the invention;
(iv) contains the annotation;
(v) corresponds to the extent laid down by the implementing regulation requirements
external adjustment.
(b) if the receiving Office finds a deficiency in this respect,
shall invite the applicant to correct the international application within the prescribed
period of time; If not, the application will be considered
to be withdrawn and the receiving Office shall issue a resolution about it.
(2) if the international application refers to drawings which, in
they are not attached to the application, the receiving Office shall inform the
the applicant may submit them within the prescribed period; If
to do so, shall be deemed the date of the international application filing date,
When the receiving Office drawings were received. Otherwise, the reference to drawings
has not been made.
(3)
(a) if the receiving Office finds that the fees referred to in article 3 (4)
have not been paid within the prescribed period or has not been paid a fee
in accordance with article 4 (2) in any of the designated States, the international
the application to be withdrawn and the receiving Office shall issue a resolution about it.
(b) if the receiving Office finds that the fee referred to in article 4 (2)
within the prescribed period paid for one or more designated States, but not
for all, then the determination of those States for which it has not been paid within the time limit,
is considered to be taken back and the receiving authority shall issue an order.
(4) If, after recognition of data of the international administration of the Admissions Office at
the prescribed time limit determines that any of the requirements referred to in points (i)
to (iii) of article 11 (1) was not complied with at that date, it will be such a
application be considered withdrawn and the receiving Office will issue about it
the resolution.
Article 15
International research
(1) each international application shall be subjected to the international search.
(2) the objective of the international search is to identify the relevant known state
techniques.
(3) the international search shall be carried out on the basis of claims with regard to the
the description and any drawings.
(4) the Authority for international examination report referred to in article 16 in
their capabilities to the maximum extent relevant known state of the art and
in any case, will review the documentation provided for in the implementing
prescription.
(5)
(a) if they are permitted under national legislation of a Contracting State,
the national Office or the Office for him active serves the applicant
national application, the applicant may such national applications for
conditions laid down by national legislation, apply to the
an application was made to research similar international search
("research-international type").
(b) the national Office of a Contracting State or authority active for that State, may,
If allowed by the national legislation of that State, be subjected to a search
the international type all national applications filed with it.
(c) a search of the international institution for international-type search
referred to in article 16, which would be responsible for the implementation of the international
research, if the application was filed and was national international
has been filed with the Office referred to in subparagraphs (a) and (b). If the national
an application drawn up in the language in which the international search authority
the application is not pending, the international-type search shall be carried out on
basis by the applicant included a translation into the language of the prescribed
for international applications in which this body has pledged to the international
applications receive. A national application and the translation, if required, is
be submitted in the form prescribed for international applications.
Article 16
Authority for international search
(1) the international search carried out by the international search authority; This may
be either a national Office or intergovernmental organization as the international
Patent Institute, whose tasks include compiling reports on
research carried out in materials to state of the art in the context of
inventions which are the subject of a login control.
(2) If, before creating a single authority for international search
There are several international search authorities, each receiving
the authority shall designate the authority or authorities competent for the international search for
perform a search on international applications filed with that Office,
in accordance with the relevant agreement referred to in paragraph (3) (b).
(3)
(b) the authorities of the international examination report will be determined by the Assembly. Each
National Office and any intergovernmental organization, which comply with the requirements
referred to in subparagraph (c), may be designated as the authority for the international
up to the present.
(b) the condition of destination is consent of the competent national authority or
intergovernmental organization and conclusion of the agreement between such office or
organizations and the International Bureau, with a deal approved by the Assembly.
The agreement provides for the rights and obligations of the parties, in particular the legal obligation
the said Office or organization that will apply and comply with all
General rules for carrying out the international search.
(c) the implementing regulation lays down the minimum requirements, in particular as regards the
work force and the documentation that each Office or organization
meet before to determine, and which must comply with all of the time
destination.
(d) the designation is valid for a specified period and can be extended by a further
period.
(e) before the Assembly shall decide on the destination of a national authority
or an intergovernmental organization, or for an extension of the determination, or before the
give consent to the end of the destination or before it can consent to the termination of the
determine, shall be heard by the Assembly of the competent authority or organization and finds
opinion of the Committee on technical cooperation referred to in article 56 right after
It was set up.
Article 17
Proceedings before the authority for international search
(1) proceedings before the authority for international search shall be governed by the provisions of the
Of the Treaty, the implementing regulation, and the agreement which the International Bureau shall conclude
with that authority in accordance with the Treaty and the implementing regulation.
(2)
(a) if the authority for international search considers that:
(i) that the international application relates to subject-matter to which the search
obligation authority for international search within the meaning of the CCIP
does not apply, with the authority in this particular case decides that
Search, or
(ii) that the description, claims or drawings do not comply with the prescribed requirements
to the extent that you cannot make a proper search, that authority shall take a
resolution and shall inform the applicant and the International Bureau of the fact that
international search report will not be processed.
(b) if it is found that one of the cases referred to in paragraph (a)
It was only in connection with certain claims, will be in the international
research report these claims identified, while other claims will be
the message is processed according to the article 18.
(3)
(a) If, in the opinion of the authority for international search does not match
the requirement of unity of invention international application, as laid down
The implementing regulation, the authority shall invite the applicant to pay
additional charges. Authority for international search international processes
research report for those parts of the international application which relate to the
the invention referred to in the claims in the first place ("main invention"), and
If you have requested additional fees are not paid within the prescribed period,
even for those parts of the international application which relate to inventions for which
These fees are not paid.
(b) the national law of any designated State may provide that the
in cases where the national Office of that State finds that the challenge by
subparagraph (a) was made by the authority for international search legitimately
and that the applicant has failed to pay any additional fees, you will be
part of the international application which, as a consequence, have not been the subject of
research, considered, as far as effects in that State, for the period,
If the applicant fails to pay the special fee to the national authority of that
State.
Article 18
International search report
(1) the international search report shall be processed within the prescribed time
and in the prescribed form.
(2) the international search report shall transmit to the authority for international search
the applicant and the International Bureau right after processing.
(3) the international search report, or a decision pursuant to article 17 (2) (a)
It should be resolved according to the provisions of the implementing regulation. The translations must
be performed by the International Bureau or under his responsibility.
Article 19
Adjustment of the claims before the International Bureau
(1) after the applicant received the international search report has
the right to one adjustment of claims of the international application by the modified
within the prescribed period shall submit claims at the International Bureau. At the same time can
submit in the manner laid down in the implementing rules is a brief communication
where an explanation for editing and mark what effect they have on the Edit description
and drawings.
(2) the adjustments shall not exceed the scope of the invention referred to in the international
When submitting the application.
(3) if the national law of any designated State permits adjustment of
above this range, failure to comply with subsection (2) does not have any in that State
the consequences.
Article 20
Assignment of designated authorities
(1)
(a) the international application together with the international search report, including
designation of rights referred to in article 17 (2) (b) or a decision pursuant to article
17 (2) (a) will be referred to the Office of each designated under the provisions of
Implementing regulation, if a designated Office of this requirement of section
or completely give up.
(b) the procedure is also a translation (if prescribed) referred to the message or
the resolution.
(2) if the claims have been modified in accordance with the provisions of article 19 (1),
refer to either the full text of the claims originally filed as well as modified or
the full text of the claims originally filed, indicating the modifications and also any
communication referred to in article 19 (1).
(3) at the request of the designated Office or the applicant shall send the authority for
international search in accordance with the provisions of the implementing regulation,
a copy of the materials cited in the international search report.
Article 21
International publication of the
(1) the International Bureau publishes the international application.
(2)
(a) subject to the provisions referred to in subparagraph (b) and article 64 (3)
international publication of the international application will be implemented immediately after the
the expiry of 18 months from the priority date of such filing.
(b) the applicant may request the International Bureau, that has published its
the international application at any time before the expiry of the period referred to in
subparagraph (a). The International Bureau will then proceed as
laid down in the implementing regulation.
(3) the international search report or the decision referred to in article 17 (2)
(a) shall be published as prescribed in the implementing regulation.
(4) language and form of the international publication and other details
governed by the provisions of the implementing regulation.
(5) the international publication shall not take place if the international
application has been withdrawn, or if it is considered that was taken back
before technical preparations have been made for publication.
(6) if the international application contains expressions or drawings which,
According to the opinion of the International Bureau, are contrary to morality or public
policy or which in his opinion are abusive within the meaning of the implementing
Regulation, may the International Bureau of such drawings, expressions, or data
exclude from publication, indicating the place and number of words or drawings,
that have been excluded, and gives individual requests copies of the
excluded locations.
Article 22
Copy, translation and fee to the designated authorities
(1) the applicant shall supply a copy of the international application, to each
designated Office (if there has been a referral under article 20)
as well as its translation (in accordance with regulations) and pay any national
fee, and at the latest within 30 months from the priority date. In the case that
the national legislation of the designated State requires the name and other particulars of the
the inventors, but there is no need to tell them when filing national applications,
the applicant is obliged, if it has not made in the application, send them to the
data to a national authority of that State or the Office for it law
not later than 30 months counted from the date of priority.
(2) if the authority for international search shall take the decision referred to in
the provisions of article 17 (2) (a) that the message will not be processed for international
up to the present, the time limit for the implementation of the acts mentioned in paragraph (1) of this
the article is the same as the deadline referred to in paragraph (1).
(3) the Law of each Contracting State may, for the implementation of operations
referred to in paragraphs (1) or (2) establish a period longer than
the time limits referred to therein.
Article 23
The postponement of the national proceedings
(1) No designated Office shall not deal with the international application, or
to carry out its exploration before the expiry of the time limit under article 22.
(2) Notwithstanding the provisions of paragraph (1), any designated Office
deal with the international application and do the survey at any time to
the express request of the applicant.
Article 24
The possibility of loss of effect in designated States
(1) subject to the provisions of article 25 in the case referred to below in the
subparagraph (ii) the international application loses the effect provided for in article
11 (3) in any designated State, and this loss of effect has the same consequences
as the undo national application in that State:
(i) if the applicant withdraws the international application or
the determination of this State;
(ii) if the international application is considered withdrawn under
the provisions of articles 12 (3), 14 (1) (b), 14 (3) (a) or 2 (4 (or
If it is deemed to be taken back to the determination of that State under the provisions of
Article 14 (3) (b);
(iii) if the applicant does not perform the acts referred to in the relevant period
in article 22.
(2) Notwithstanding the provisions of paragraph (1), any designated Office
to maintain the effect provided for in article 11 (3) and in that case, when the
does not require the preservation of such effect on the basis of article 25 (2).
Article 25
Review by designated offices
(1)
(a) where the receiving Office refused to recognize the international filing date
or issued a resolution, that the international application is considered to be understood
back, or if the International Bureau has made a finding under article 12 (3),
shall send to the International Bureau at the request of the applicant as soon as copies of all
in the file-based documents to each of the designated offices
the applicant shall indicate.
(b) if the receiving Office has issued a resolution that the determination of a State
is considered to be taken back, at the request of the International Bureau shall send to the
the applicant immediately a copy of all documents in the file-based national
the authority of this State.
(c) the request referred to in subparagraph (a) or (b) is to be submitted in
the prescribed time limit.
(2)
(a) subject to the provisions of subparagraph (b), and provided that any
the national fee has been paid, and, where applicable, the prescribed translation is presented
within the prescribed period, each designated Office shall decide whether the rejection of the resolution
or finding referred to in paragraph (1) was justified under the provisions of
The Treaty and the implementing rules; If it finds that the refusal or
the resolution was the result of a mistake or omission on the part of the receiving
authority, or that the finding was the result of a mistake or passing on the side
The International Bureau, the international application shall consult regarding the effects of
in the State specified by the Office, as if a mistake or omission
did not occur.
(b) if the archival copy occurred to the International Bureau after the expiry of
the time limit prescribed in article 12 (3) as a result of mistake or omission on the
the side of the applicant, the provisions of subparagraph (a) only for
the circumstances referred to in article 48 (2).
Article 26
The possibility of making corrections for designated offices
No designated Office shall not reject an international application on the grounds that the
have not been fulfilled the requirements of the Treaty and the implementing rules, without prior
This gave the applicant an opportunity to correct the said application to the extent and in the
the proceedings provided for under national legislation for the same or similar
cases for national applications.
Article 27
National requirements
(1) no national law shall require the international
the application for a suit, after page of form or substance, or other
other requirements laid down in this Treaty and the implementing regulation.
(2) the provisions of paragraph (1) shall not affect or use the provisions of article
7 (2), nor shall not prevent any national legislation, so that after the start of
proceedings of the international application by the designated Office would have required the presentation of:
(i) the names of the natural person, who is entitled to the applicant as a person
legal representation, if the applicant is a legal person;
(ii) documents that are not part of the international application but which
are evidence of the claims or statements made in the application,
including the confirmation of the international application signature of the applicant, if it was
This application when submitting a signed by an agent or representative.
(3) if the applicant is not for any one designated by the State under national law
This State to submit a national application of the invention so that it is not
the inventor, the designated Office shall reject an international application.
(4) if national legislation as regards the form and content of national
the application provides for such requirements as laid down in the Treaty and the implementing
Regulation for the international application, the national Office, the courts or other
the competent authorities of that State, or employed for this State to apply to the
of the international application, the requirements of the national legislation with the more favourable
except in cases where the applicant himself insists that his
international application requirements have been applied the Treaty and
By the implementing regulation.
(5) Nothing in this Treaty and in the implementing regulation does not prevent each
Contracting State by such substantive conditions
patentability, what he wishes. In particular, the provisions of this Treaty and the
Implementing regulation relating to a known state of the art is used exclusively
for the purposes of the international procedure and any Contracting State may therefore
decision on the patentability of the invention which is the subject
international application, apply its national requirements in terms of
known state of the art, and other conditions of patentability, if it is not
about the requirements for the form and content of applications.
(6) the national law may require that the applicant submit such
proof of completion of a substantive legal conditions for patentability, what this
the law prescribes.
(7) any receiving Office and each designated Office which began to deal with
the international application may apply their national law, as regards the
the requirements for the representation of the applicant by a representative authorized to represent
before this authority and, as regards the obligation of the applicant to have in the specified
State an address for service.
(8) Nothing in the Treaty and in the implementing regulation does not prevent each
Contracting State to apply such measures as it considers necessary for the
the protection of our national security, and to protect or restrict their
economic interests, the right of its citizens or those who are in this
the State of residence to submit an international application.
Article 28
Adjustment of the claims, description and drawings for designated offices
(1) the applicant will be given the option to modify the claims, the description, and
drawings for each designated Office within the prescribed time limit. No designated Office
not to grant a patent or refuse the patent before the end of this period, the
with the exception of the express consent of the applicant.
(2) the adjustments shall not exceed the scope of the invention as contained in the
When filing the international application, unless the national legislation
designated State permits.
(3) the Adjustment shall be made in accordance with the national law of the designated
State, unless otherwise provided for by the Treaty and the implementing regulation.
(4) where a designated Office requires a translation of the international application must be
adjustment is made in the language of the translation.
Article 29
The effects of the international publication of the
(1) as regards the protection of any rights of the applicant in the specified
State, the effects of international publication of the international application are
This State, subject to the provisions of paragraphs (2) to (4) are the same as
effects that the national law of the designated State provides for the compulsory national
publication of national applications without survey.
(2) if the language in which the international publication has been carried out, it is
other than the language in which the prescribed publication by the national
legislation of a designated State, the national law of that State
provide that the effects provided for in paragraph (1) occur only from the period
When:
(i) a translation into the second language was published under the provisions of the national
laws or regulations or
(ii) a translation into the second language has been made available to the public to overhangs
public inspection under the provisions of national laws or regulations or
(iii) a translation into the second language gave the applicant the actual or
any unauthorized user of the invention, which has been the subject of
of the international application, or
(iv) have been made to both the acts referred to in subparagraph (i) and (iii) or
both of the acts referred to in subparagraph (ii) and (iii).
(3) the national law of each designated State may provide that, in the
cases at the request of the applicant to the international
publication before the expiry of 18 months from the priority date, the effects of
provided for in paragraph (1) only after the expiry of 18 months from the date of
priorities.
(4) the national law of each designated State may provide that the
the effects referred to in paragraph (1) occur only from the date on which the copy of the
international application published under article 21, there was a national Office
or the Office of the acting for such a State. The said Office shall publish the date on which the
the application, in the shortest possible time on your journal.
Article 30
The confidential nature of the international application
(1)
(a) subject to the provisions of subparagraph (b) will not allow the International Bureau and
the international search authorities for access to the international application, any
person or authority before its international publication, unless it
so requests, or allow the applicant.
(b) the provisions of subparagraph (a) does not apply to transfer to the competent
authority for international search, to pass under article 13 and on
the assignment referred to in article 20.
(2)
(a) no national Office shall not allow third parties access to the international
application, unless requested or permitted by the applicant, prior to
end of the first of the following data:
(i) the date of the international publication of the application;
(ii) the date when she reached the international application transmitted in accordance with article 29;
(iii) the date on which a copy of the international application pursuant to article
22.
(b) the provisions of subparagraph (a) shall not prevent any national Office to
inform the third party that has been designated or to this fact
has published. The publication of such information or may, however, contain only
These data; the name of the receiving Office, the name of the applicant, the date
the international filing, the international application number and the title of the invention.
(c) the provisions of subparagraph (a) shall not preclude a designated authority to allow
access to the international application for the purposes of the judicial authorities.
(3) the provisions of paragraph (2) (a) shall apply to any receiving Office with
the exception of transmission referred to in article 12 (1).
(4) for the purposes of this article, the term "access" covers any
the way to obtain knowledge by a third party including individual communication
or a general publication, provided, that no national Office
in principle, will not disclose the international application or its translation before the
international publication, or before the expiry of 20 months from the date of
priorities, if within this period the international publication has taken place.
TITLE II
International preliminary examination
Article 31
The proposal for the international preliminary examination
(1) at the request of the applicant, his international application is subjected to
international preliminary survey, as set out in the following
provisions and in the implementing regulation.
(2)
(a) an applicant who is under the definitions contained in the implementing
Regulation of the citizen of a Contracting State bound the provisions of title II, or
a person who stays there and whose international application has been filed with the
the receiving authority of such State or authority active for that State,
may submit a proposal to the international preliminary examination.
(b) the Assembly may decide that the persons who are entitled to
to submit an international application, shall be permitted to submit a proposal to the international
a preliminary survey, even if they are citizens of the State, or by persons that have
stay in a State which is not a Contracting State, or which is not bound by the head
Ii Of The Treaty.
(3) the application for international preliminary examination is administered separately from the
of the international application. The proposal shall contain the prescribed information in the
the prescribed language and form.
(4)
(a) the proposal shall indicate the Contracting State or Contracting States in which it intends to
the applicant has to take advantage of the results of international research
("elected States"). Additional Contracting States may be elected later. The choice of the
may relate only to Contracting States already designated under the provisions of
Article 4.
(b) Applicants referred to in paragraph (2) (a) may choose any
Contracting State bound title II. Applicants referred to in paragraph (2)
(b) they can choose only those Contracting States bound by title II, which
declared that they are with the choice made by the applicant agree.
(5) the proposal shall be subject to the prescribed fees shall be paid in the prescribed
the time limit.
(6)
(a) the application shall be submitted to the competent authority for international preliminary
the survey referred to in article 32.
(b) any later election shall be submitted to the International Bureau.
(7) each elected Office gets a message that he was elected.
Article 32
Authority for international preliminary examination
(1) the international preliminary examination authority carries out the international
a preliminary survey.
(2) in the case of proposals for international preliminary examination in accordance with article 31 (2) (a)
the Office of admissions and proposals on international preliminary examination pursuant to article
31 (2) (b) the Assembly shall, in accordance with the relevant agreement
between the authority or the international preliminary examination authorities and
The International Bureau, the authority or authorities for international preliminary
the survey, which will be responsible for the carrying out of preliminary survey.
(3) the provisions of article 16 (3) shall apply mutatis mutandis to institutions for
the international preliminary examination.
Article 33
International preliminary examination
(1) the objective of the international preliminary survey is to submit a preliminary and
a non-binding opinion on the question of whether the logged-on the invention is new, it is characterized by
inventive step (nezřejmostí) and is industrially usable.
(2) for the purposes of the international preliminary survey are logged on the invention
considered to be new if it is not contained in a known state of the art, as
defined in the implementing regulation.
(3) for the purposes of the international preliminary survey are logged on the invention
considered to be an invention involving an inventive step if it is not given
to a known state of the art as defined in the implementing regulation, to
prescribed date decisive for the obvious expert.
(4) for the purposes of the international preliminary survey are logged on the invention
be deemed industrially usable, if it according to its nature to produce
or use (in a technical sense, in any sector of industry. The concept of
"industry" shall be understood in its broadest sense as in the Paris Convention for the
protection of industrial property.
(5) the above principles are used only for the purposes of the international
the preliminary survey. Any Contracting State may apply additional or
different policies for decision, if you logged on the invention in that State
patentable or not.
(6) in respect of the preliminary survey, taking into account all
the supporting documents referred to in the international search report. Can be taken into account
all other supporting documents, which shall be considered in a particular case
applicable.
Article 34
The procedure before the international preliminary examination authority
(1) procedure before the international preliminary examination authority is governed by the
provisions of the Treaty, the implementing regulation and of the agreement concluded
The International Bureau referred to in the Treaty and the implementing regulation referred to
authority.
(2)
(a) the applicant has the right to a written and oral contact with the authority for the
the international preliminary examination.
(b) the applicant has the right to modify the claims, description and drawings, and it
in the prescribed manner and within the prescribed period before the processing of the reports on
international preliminary survey. Adjustments shall not exceed the scope of
the invention referred to in the international application when submitting.
(c) the applicant has received from the international preliminary examination authority
at least one written opinion, except where, in the opinion of the
authority, all the following conditions are met:
(i) the invention satisfies the assumptions referred to in article 33 (1);
(ii) the international application complies with the requirements of the Treaty and the implementing
Regulation in the range přezkoumávaném by that authority;
(iii) there are no comments in accordance with article 35 (2), last sentence.
(d) the applicant may file a reply to a written opinion.
(3)
(a) if in the opinion of the international preliminary examination authority
the requirement of unity of invention international application provided for in
The implementing regulation, the authority may invite the applicant to its
the choice of either limit their claims to the said request,
or pay additional fees.
(b) the national law of each of the selected State may provide that, in the
those cases where the applicant chooses to limit their claims pursuant to
the provisions of subparagraph (a), those parts of the international application that
as a result of restrictions are not a subject of international research,
as far as effects in that State, considered to be taken back, unless
the applicant shall pay to the national Office of that State a specific fee.
(c) if the applicant does not comply with the invitation referred to in subparagraph (a)
the prescribed time limit, the international preliminary examination authority processes
international preliminary report on the survey to those parts of the international
the application, which can be considered the main invention, and shall indicate in the report the
the operative event. The national legislation of each of the selected state
may provide that, where its national Office recognizes the challenge for
authorized, will be those parts of the international application which do not relate to
the main invention, as far as effects in that State are considered
taken back, unless the applicant pays the Office special
fee.
(4)
(a) if the authority for international research is considered:
(i) that the international application relates to subject-matter to which the reconnaissance
the obligation of the authority for the purposes of international preliminary examination
Implementing regulation does not apply, with the authority in this particular
the case will decide that the survey will be carried out, or
(ii) that the description, the claims, or the drawings are so unclear, or the claims are
so disproportionate that cannot be explained to draw up a proper opinion about
novelty, inventive step or industrial (nezřejmosti)
usability of the logged-on invention, the said institution shall address the
questions referred to in article 33 (1) and shall notify the applicant about it with
the reasons therefor.
(b) if it is found that one of the cases referred to in subparagraph
(a) there was only some claims, or in connection with certain
the provisions of the said paragraph, the requirements apply only to those
claims.
Article 35
International preliminary report on the survey
(1) international preliminary report on the survey will be processed in the specified
the time limit and in the prescribed form.
(2) international preliminary report on the survey makes no reference
about whether the logged-on invention is or seems to be patented, or
license-free according to the national law of any State. Is in it
indicated, subject to the provisions of paragraph (3), in respect of each claim,
whether the claim appears to satisfy the requirements of novelty, inventive step
(not the obvious one being the solution) and industrial application, as they are for
the purposes of the international preliminary survey provided for in article 33 (1) to
(4) the report shall contain the citation material, which it is considered that the
support in her conclusion, and an explanation of the circumstances of the case.
The message may also contain other comments provided for by the implementing regulation.
(3)
(a) if at the time of processing the message on international preliminary survey
the international preliminary examination authority considered that there was some
the circumstance referred to in article 34 (4) (a), it shall be indicated in the report, showing the
reasons. The report will not contain the particulars referred to in paragraph (2).
(b) if it is found that there is a circumstance referred to in article 34 (4) (b), the
have a message for the international survey of the contents referred to in subparagraph (a), if the
as to the appropriate claims, whereas, with regard to the other claims, the
content match paragraph (2).
Article 36
Transmission, translation and communication of the international preliminary report survey
(1) international preliminary report on the survey along with the prescribed
the annexes shall be transmitted to the applicant and the International Bureau.
(2)
(a) the international preliminary report on the survey and its annex,
submit to the prescribed languages.
(b) the translation of the report, the International Bureau or will be taken taken
under its responsibility, the translation of those annexes, however, shoots
the applicant.
(3)
(a) the international preliminary report on the survey along with the prescribed
translation and its annexes (in original language), the International Bureau shall notify the
each elected Office.
(b) the prescribed translation of the annexes shall transmit the selected authorities within the prescribed period
the applicant.
(4) the provisions of article 20 (3) shall apply mutatis mutandis and with copies of all
the materials referred to in the report for the international preliminary examination
have not been listed already in the international search report.
Article 37
Taking back the proposal, or options.
(1) the applicant may withdraw each made the choice and all the options.
(2) when taking back the option of all selected States, it is considered that was taken
back a proposal to the international preliminary examination.
(3)
(a) any withdrawal shall be notified to the International Bureau.
(b) the International Bureau shall inform the meaning of the relevant elected authorities and
the competent authority for the international preliminary examination.
(4)
(a) subject to the provisions of subparagraph (b), a proposal to undo
international preliminary examination or the election of any Contracting State considers
the withdrawal of the international application in respect of that State, unless the national
law of that State provides for something else.
(b) a proposal for the withdrawal of the international preliminary examination, or options
not considered withdrawal of the international application, if there is a withdrawal
before the expiry of the time limit under article 22; any Contracting State may
However, lay down in their national legislation, that this applies only
He received the national Office within the same copy of the international
application forms, together with a translation, and the payment of the national fee.
Article 38
The confidential nature of the international preliminary survey
(1) neither the International Bureau nor the international preliminary examination authority
will not allow within the meaning and subject to article 30 (4) access to the file of the
international preliminary research to any person or authority, unless it
so requests, or allow the applicant, with the exception of the elected authorities, and after
message processing on the international preliminary survey.
(2) subject to the provisions of paragraph (1) and article 36 (1) (3) and article 37
(3) (b), the International Bureau or the international preliminary examination authority
does not provide information about whether or not been issued a report on the
international preliminary investigation, whether or not taken back the proposal to
international preliminary examination or an option, unless so requested by
or permitted by the applicant.
Article 39
Copy, translation, and fee, to elected offices
(1)
(a) if the election of any Contracting State before the expiry of the nineteenth
months from the date of priority, that State shall not apply to the provisions of article
22 the applicant shall submit to each selected and the Office a copy of the
of the international application (if not to the assignment referred to in
Article 20) and its translation, if any, and shall pay him any national
fee, and at the latest before the expiry of 30 months from the date of
priorities.
(b) national laws or regulations may to perform the operations listed in
subparagraph (a) lay down the period longer than the period stated therein.
(2) the loss of the effect provided for in article 11 (3) occurs in the selected state
with the same consequences as the withdrawal of the national application in that State,
If the applicant does not perform the acts referred to in paragraph (1) (a)
the relevant time limit referred to in paragraph (1) (a) or (b).
(3) each elected Office may maintain the effect provided for in article 11 (3)
If the applicant fails to comply with the requirements set out in paragraphs (1)
(a) or (b).
Article 40
The postponement of a national survey and other proceedings
(1) if the election of any Contracting State before the expiration of 19 months
from the priority date, the provisions of article 23 shall not apply to such State and the
the national Office of that State or authority active for this State, adopt a
exception of the provisions of paragraph (2), to survey the international application and to
further proceedings about her before the expiry of the time limit under article 39.
(2) Notwithstanding the provisions of (1) may proceed to each elected Office
the express request of the applicant to the exploration of the international application and to
its further proceedings at any time.
Article 41
Adjustment of the claims, description and drawings for elected offices
(1) the applicant has the option to adjust the claims, description and drawings for each
elected Office within the prescribed time. Elected Office shall not grant a patent or
granting of the patent refuses before the expiry of that period, unless this
the applicant has given his explicit consent.
(2) the adjustments shall not exceed the scope of the invention referred to in the international
When submitting the application, unless the national law of the elected State permits it,
to edit beyond this range.
(3) the Adjustment shall be in accordance with the national legislation of the selected state
in all that is not governed by a contract or by the implementing regulation.
(4) If an elected Office a translation of the international application must be
adjustments in the language of the translation.
Article 42
The results of a national survey for selected offices
No elected office receiving the international preliminary report on
the survey, may not require that the applicant shall submit a copy of the
any documents related to the exploration of the same international
applications for any other elected Office, or to provide information
about their content.
TITLE III
Common provisions
Article 43
A request for a specific kind of protection
The applicant may, in accordance with the implementing regulation, in respect of each
the designated or elected State, in which a certain kind of protection permits,
to announce that his international application is directed to grant copyright
the certificate for the invention, to a specific pattern or certificate of utility model and
not to grant the patent; or may report that seeks to grant
additional patent or certificate, supplementary copyright certificates on the
the invention or supplementary certificates on used pattern, with the resulting
the effect will be governed by selecting the applicant. For the purposes of this article and
the relevant provisions of the implementing regulation shall not apply article 2 (ii).
Article 44
Application of two kinds of protection
In all designated or elected States whose legislation
He admits the only application bound to the grant of a patent or other
kind of protection referred to in article 43, and to grant a further referred to
kind of protection, the applicant may, in accordance with the implementing regulation
notify the two species, the protection of which the grant is requested, and the resulting effect
will be subject to notification of the applicant. For the purposes of this article and
the relevant provisions of the implementing regulation shall not apply article 2 (ii).
Article 45
Regional patent treaty
(1) every contract, according to which it is expected the award of regional
patents ("regional patent treaty"), and which gives all persons
authorised within the meaning of article 9 to the submission of international applications the right to
file applications leading to the grant of such patents, may provide
that the international application to the identification or selection of a State that is at the same time
a participant in the regional patent treaty and of the Treaty, may be given as
the application is pointing to the granting of regional patents.
(2) national legislation of such designated or elected State may
lay down; each destination or election of such State in the international
the application shall be considered as a notification that the applicant wishes to obtain a
regional patent under the regional patent treaty.
Article 46
Incorrect translation of the international application
If the incorrect translation of the international application
a patent granted exceeds the range based on this application
the scope of the international application in its original language, the competent authorities of
of the Contracting State may reasonably and retroactively limit the
the scope of the patent, and declare it invalid and cancelled at the extent to which
its scope has exceeded the scope of the international application in its original
language.
Article 47
Time limits
(1) details of the time limits laid down in the contract shall be governed by the implementing
provision.
(2)
(a) all of the time limits referred to in titles I and II of this Treaty may be amended
by the decision of the Contracting States, without revision under article 60 of the Treaty.
(b) such decisions shall be adopted by the Assembly or on the basis of
a written vote and must be unanimous.
(3) the details of this procedure are laid down in the implementing regulation.
Article 48
Failure to comply with certain time limits
(1) where any time limit fixed in the Treaty or by the implementing
prescription complied with as a result of the interruption of mail contact or
unavoidable loss or delay in the mail transport will
considered to have been observed in the cases provided for by the implementing regulation,
which provides evidence and other conditions.
(2)
(a) each Contracting State shall, if it refers to, apologise for failure to comply with time limits of
those reasons that admits of its national legislation.
(b) each Contracting State shall, if his excuse non-compliance may
time limit occurred for reasons other than those that are listed in the
subparagraph (a).
Article 49
The right to appear before international bodies
Any attorney, patent agent or other person authorized to
Act before the national authority where the international application is filed,
It is entitled to act before the International Bureau, the competent authority
for international search as well as the competent authority for international preliminary
the survey, with respect to this application.
TITLE IV
Technical services
Article 50
Patent information services
(1) the International Bureau may provide services (called in this article
"information services") the supplying of technical and other relevant
the information that is available on the basis of published materials,
in particular, patents and published applications.
(2) the International Bureau may provide these information services either directly
or through one or more authorities for international
a search or other national or international specialized
institutions, with whom we may enter into a contract.
(3) information services shall be carried out so as to permit contracting
States that belong to the developing countries, the acquisition of technical knowledge and
techniques including an existing published "know-how".
(4) information services are provided to the Governments of the Contracting States, their
citizens and persons who stay in them. The Assembly may decide
for the provision of these services beyond this.
(5)
(a) any service to Governments of Contracting States shall provide for the payment of
finished expenses; for the Governments of the Contracting States which belong to the developing
countries, however, provide services for remuneration lower, if it can be the difference
to cover profit incurred for services provided by other subscribers than Governments
of the Contracting States, or of the means referred to in article 54 (4).
(b) Cash expenses specified in sub paragraph (a) are expenses in excess of the
usual costs for the services of the national authority or obligations of the authority for
the international search.
(6) in the details of the provisions of this article shall be governed by a decision
Assembly and, within the limits designated by decision of the Working Group,
that the Assembly may set up for this purpose.
(7) if it considers it necessary to recommend to the Assembly of other ways
the procurement of resources in addition to those listed in paragraph (5).
Article 51
Technical assistance
(1) the Assembly creates a Committee for technical assistance (referred to in this
Article "the Committee").
(2)
(a) members of the Committee shall be elected from the States parties with due regard to the
representation of developing countries.
(b) invite the Director-General on its own initiative or at the request of the Committee
representatives of intergovernmental organizations engaged in technical assistance
developing countries, to participate in the work of the Committee.
(3)
(a) the task of the Committee is to organize and supervise the technical assistance
Contracting States which belong to the developing countries, in order to develop
their patent systems, either at the national or regional
basis.
(b) technical assistance includes, in particular, education specialists, broadcasting
of experts and supply of equipment for the purpose of demonstration, as well as for the operation.
(4) for the financing of projects pursuant to this article, the International Bureau will
endeavour to conclude agreements with the international financial
organisations and intergovernmental organisations, in particular with the Organization
the United Nations, the agencies of the United Nations and with the specialized
the United Nations institutions dealing with technical assistance,
on the one hand with the Governments of the States that the technical assistance they receive.
(5) in the details of the provisions of this article shall be governed by a decision
Assembly and, within the limits designated by the decisions of those working
the groups, which for this purpose shall be established.
Article 52
Relationships to other provisions of the Treaty
The provisions of this title shall not affect the financial provisions contained in the
other titles of this agreement. These provisions cannot be used for this
head or for its implementation.
TITLE V OF THE
Administrative provisions of the
Article 53
The Assembly of the
(1)
(a) the Assembly shall, subject to article 57 (8), a Contracting
States.
(b) the Government of each Contracting State is represented by one delegate,
which may assist representatives, advisers and experts.
(2)
(a) the Assembly:
(i) dealt with all matters concerning the maintenance and development of
The Union and the implementation of the contract;
(ii) shall perform those tasks which are namely stored under other provisions of
Of the Treaty;
(iii) give guidance to the International Bureau, in respect of the preparation of the revision
conferences;
(iv) revise and approve the reports and activities of the Director General, if
the Union, and gives him all the necessary instructions on matters which
are within the competence of the Union;
(v) reviewing and approve the reports and activities of the Executive Committee established
in accordance with paragraph (9), and gives him instructions;
(vi) establishes the plan receives a two-year budget of the Union and approves the final
expense report;
(vii) adopt the financial arrangements of the Union;
(viii) creates such committees and working groups as it deems
appropriate to achieve the objectives of the Union;
(ix) determine which States other than contracting, and taking into account the
the provisions of paragraph (8), which intergovernmental and international non-governmental
organizations have the right to participate in its meetings as observers;
(x) carries out all the necessary activities to achieve the objectives of the Union, and such
other tasks that are appropriate under the Treaty.
(b) in respect of matters of interest to other Union controlled
The Organization, the Assembly makes decisions only when interviewed
the recommendations of the Coordination Committee of the organization.
(3) a delegate may represent one State only and vote only his
on behalf of the.
(4) each Contracting State shall have one vote in the contracting.
(5)
(a) half of the Contracting States shall constitute a quorum.
(b) in the absence of the quorum, the Assembly may make decisions but,
This decision with the exception of those relating to his own
the negotiations shall take effect only if the quorum and the required is obtained
a majority vote by a written vote, as stated in the implementing
prescription.
(6)
(a) subject to the provisions of articles 47 (2) (b), 58 (2) (b), 58 (3) and 61
(2) (b), after the decision of the Assembly requires a two-thirds majority
of the votes cast.
(b) Abstence shall not be considered votes.
(7) in respect of matters that are exclusively concern the States bound
the provisions of title II, each mention of the Contracting States in
paragraphs (4), (5) and (6) applies only to States bound by the provisions of the
Title II.
(8) any intergovernmental organization designated for the authority for international search
or the international preliminary examination authority has in the meetings of the Assembly
the right to participate as an observer.
(9) when the number of Contracting States exceeds forty, the Assembly shall establish a
the Executive Committee. Any mention of the Executive Committee in the Treaty or by the implementing
the regulation will be applied only if the Committee was already set up.
(10) until the establishment of the Executive Committee of the Assembly shall approve, within the limits
the plan and the biennial budget annual plans and annual budgets prepared
by the Director General.
(11)
(a) the Assembly shall meet in every second calendar year in ordinary
the meeting convened by the Director General, and in the absence of exceptional
in the circumstances, at the same time and in the same place as the General Assembly of the
The organization.
(b) the Assembly shall meet in extraordinary session convened by the
the Director, at the request of the Executive Committee or at the request of one quarter of the
of the Contracting States.
(12) the Assembly shall adopt its own rules of procedure.
Article 54
The Executive Committee
(1) when the Assembly shall establish an Executive Committee, the Committee on
those provisions.
(2)
(a) the Executive Committee is subject to the provisions of article 57 (8) consists of the States
elected by the Assembly of the States that are members of the Assembly.
(b) the Government of any State which is a member of the Executive Committee, the
represented by one delegate who may be assisted by alternates, advisors, and
experts.
(3) the number of States that are members of the Executive Committee, is equivalent to a quarter of the
the number of States that are members of the Assembly. When determining the number of places to
the rest, which remains divided by four, not taken into account.
(4) in electing the members of the Executive Committee, the Assembly shall take into account the
equitable geographical distribution.
(5)
(a) each Member of the Executive Committee remain in Office after the end of the meeting
The Assembly, on which he was elected, until the end of the next ordinary
session of the Assembly.
(b) members of the Executive Committee may be re-elected, but not more than in the
the number of two-thirds of such members.
(c) the Assembly shall adopt the detailed rules for the election and the possible
the re-election of a member of the Executive Committee.
(6)
(a) the Executive Committee shall:
(i) prepares the draft agenda of the Assembly;
(ii) submit to the Assembly the draft plan and the biennial budget of the Union,
prepared by the Director General;
(iii) (repealed)
(iv) submit to the Assembly the periodical reports of the Director General and
annual audit the financial reports with the relevant commentary;
(v) undertake all necessary measures for the implementation of the plan of Union
the Director General in accordance with the decision of the Assembly, and pursuant
circumstances arising between two ordinary sessions of the Assembly;
(vi) performs all other tasks to him under this agreement
entrusted to it.
(b) in respect of matters of interest to other Union controlled
Organizations, the Executive Committee shall make its decisions after hearing
the recommendations of the Coordination Committee of the organization.
(7)
(a) the Executive Committee shall meet once a year in ordinary session, which
the Director-General shall convene, if possible, at the same time and in the same place
as the Coordination Committee of the organization.
(b) the Executive Committee shall meet in extraordinary session, which will convene
the Director General, either on his own initiative or at the request
the Chairman of the Executive Committee or at the request of one quarter of its members.
(8)
(a) any State which is a member of the Executive Committee shall have one vote.
(b) half of the countries that are members of the Executive Committee constitutes a quorum.
(c) decisions shall be taken by a simple majority of the votes cast.
(d) the Abstence shall not be considered votes.
(e) a delegate may represent one State only and vote only his
on behalf of the.
(9) the Contracting States which are not members of the Executive Committee have the right to
participate in its meetings as observers, as well as all
intergovernmental organizations designated for the authority for international search or
authority for international preliminary examination.
(10) the Executive Committee shall adopt its own rules of procedure.
Article 55
The International Bureau
(1) administrative tasks concerning the Union, shall be exercised by the international
the Office.
(2) the International Bureau shall provide the Secretariat for the various institutions of the Union.
(3) the Director is the head of the official Union and shall represent the Union
outwardly.
(4) the International Bureau publishes a Journal and other publications listed in
The implementing regulation or requested by the Assembly.
(5) in the implementing regulation sets out what services are required to
to provide the national authorities to the International Bureau and the international authorities
Search and international preliminary examination in the performance of their tasks in accordance with
Of the Treaty.
(6) the Director General and member of the apparatus by participate without
the right to vote in all meetings of the Assembly, the Executive Committee or
another Committee or working group set up under the Treaty or the
CCIP. The Director-General or by the apparatus is
ex officio Secretary of these bodies.
(7)
(a) the International Bureau carries out the preparations for the Review Conference referred to in
instructions of the Assembly and in cooperation with the Executive Committee.
(b) the International Bureau may, in the case of preparations for the Review Conference
consult with intergovernmental and international non-governmental organizations.
(c) the Director General and persons designated by him shall participate, without vote, in the
rights negotiations for the revision of conferences.
(d) the International Bureau carries out other tasks which will be assigned.
Article 56
Committee for technical cooperation
(1) the Assembly shall establish a Committee for technical cooperation (in this article
hereinafter referred to as "the Committee").
(2)
(a) the Assembly shall determine the composition of the Committee and shall appoint its members, with the
take into account equitable representation of developing countries.
(b) the international search authorities and the institutions for international preliminary
a survey of members of the Committee are ex officio. If such authority
the national authority of a Contracting State, that State cannot have in the Committee
any other representative.
(c) if the number of Contracting States so allows, the total number of members of the
the Committee, more than twice the number of members from official duties.
(d) invite the Director-General on its own initiative or at the request of the Committee
representative organisations to take part in the negotiations on the
which they are interested.
(3) the aim of the Committee is to contribute advice and recommendations:
(i) the continuous improvement of the services provided for in the contract;
(ii) if there are several authorities for international search, and several institutions
for international preliminary examination, the maximum uniformity of their
the documentation and working methods and to the maximum of a uniform and high quality
their reports;
(iii) at the invitation of the Assembly or the Executive Committee to address the technical
issues specific to create a single authority for the international
up to the present.
(4) any Contracting State and any interested international organizations
in writing to the Committee may call with questions that fall within the competence of
of the Committee.
(5) The Committee may, with his Council or contact the General recommendation
the Director or the Assembly, by the Executive Committee, the
some or all of the authorities for international search and for the international
a preliminary survey and to some or all of the receiving offices.
(6)
(a) the Director General shall transmit to the Executive Committee in all cases, the lyrics
all of the advice and recommendations of the Committee. Can connect to such texts
comment.
(b) the Executive Committee may express to each Council, recommendations, or other
the activities of the Committee and may invite the Committee to study questions
fall within its competence, and filed a report. The Executive Committee may
pass the Assembly of the Council, recommendations and report of the Committee with the relevant
commentary.
(7) the establishment of the Executive Committee, the Executive Committee, in paragraph
(6) considers it a reference to the Assembly.
(8) the procedure of the Committee shall be governed by the decisions of the Assembly details.
Article 57
The financing of the
(1)
(a) the Union shall have a budget.
(b) the budget of the Union shall include the income and the release of the custom Union and its
contribution to the budget of expenditure common to Union-controlled organizations.
(c) expenditure which does not concern exclusively the Union but also to one or more
Union managed by the organisation, shall be considered as expenditure of the Joint Union. The share of
Union in such common expenses is proportional to, what to
Union interest.
(2) the budget of the Union shall be established with a view to the requirements of coordination with the
the budgets of the other unions managed by the organisation.
(3) subject to the provisions of paragraph (5) is financed from the budget of the Union
the following sources:
(i) fees and charges for services rendered by the International Bureau in
relation to the Union;
(ii) from the sale of publications the International Bureau in relation to the Union and of the
the fees for them.
(iii) from donations, links, and subsidies;
(iv) of the rent, interest, and other miscellaneous revenue.
(4) the amount of fees and charges, that belong to the International Bureau, and the price for
his publications shall be determined so that, under normal circumstances, the ten
cover all expenditure of the International Bureau connected with the administration of this
Of the Treaty.
(5)
(a) in the case where a financial year end deficit, pay to the Contracting
States, subject to the provisions of subparagraphs (b) and (c), post on its
cover.
(b) the amount of the contribution of each Contracting State shall decide the Assembly,
taking into account the number of international applications, which come from the
each of those States in the next year.
(c) if it is provided either full or partial provisional protection
deficit by other means, the Assembly may decide that the deficit
Converts to and from a of the Contracting States will not ask the payment of contributions.
(d) if the financial situation of the Union, the Assembly may decide,
the contributions paid under the provisions of subparagraph (a) shall return
States that it is paid.
(e) a Contracting State which has not paid, within two years from the due date,
laid down by the Assembly, its contribution under subparagraph (b), cannot
to exercise its right to vote in any organ of the Union. However, each
institution of the Union may allow such a State to exercise its right to vote in
This authority as long as it is satisfied that the delay was due to payments
exceptional and neodvratitelnými circumstances.
(6) if the adoption of the budget will not occur before the beginning of the new financial
the period will remain at the same level as the budget of the previous year, as
provided for in the financial regulations.
(7)
(a) the Union shall have an operational fund established by a single payment each
Contracting State. If this is not sufficient, the Assembly of the Fund
measures to increase it. If part of this Fund is no longer
required, will be returned.
(b) the amount of the initial payment of each Contracting State to the Fund or
its share of the increase of the Fund provides for the Assembly according to similar principles,
What are listed in paragraph (5) (b).
(c) the terms of payment determines the Assembly on the proposal of the Director General and
After hearing the recommendations of the Coordination Committee of the organization.
(d) each return amount will be proportionate to the amounts paid by each Contracting
State, taking into account the date of the payment of these amounts.
(8)
(a) in the headquarters agreement concluded with the central State, in whose territory the
The organisation has its head office, provides that the State shall provide backup,
If the operational funds will not be enough. The amount of these advances and the conditions on
offering, they will be subject to specific agreements concluded by the
case by case basis between the State and organizations. If it takes its
commitment to providing backup, this State have ex officio in
The Assembly, by the Executive Committee.
(b) the State referred to in subparagraph (a) and the Organization shall have the right in writing
terminate the commitment to providing backup. Denunciation shall take effect three
years from the end of this year, in which it was submitted.
(9) the review of accounts by one or more of the Contracting States or by external
If, as provided in the financial regulations. Specifies them with their
the consent of the Assembly.
Article 58
Implementing regulation
(1) of the implementing regulation attached to the Treaty contains rules:
(i) concerning matters in which the contract expressly refers to the
The implementing regulation, or expressly provides that such rules are or
are prescribed;
(ii) in respect of administrative requirements, matters or
the proceedings;
(iii) regarding the details in the application of provisions of the Treaty.
(2)
(a) the Assembly may make a change of the CCIP.
(b) subject to the provisions of paragraph (3) to make the changes required
the majority of the votes cast.
(3)
(a) are set out in the implementing regulation rules that can be
changed:
(i) only by unanimous consent or
(ii) only if none of the Contracting States whose national Office
acting as the authority for international search or international authority
preliminary examination, approval, and if such a body is
an intergovernmental organisation, the consent of the State party, which is
a member of that intergovernmental organization and is authorised by the other
the Member States are members of the competent authority of that organization.
(b) if the rule continues to be referred to a special mode of
excluded, must be subject to the conditions referred to in subparagraph (a) (i) or
in subparagraph (a) (ii) according to the circumstances.
(c) if it is to be a rule in one or the other will continue to
special scheme provided for in subparagraph (a) included, must be
the unanimous approval.
(4) of the implementing regulation provides that the Director-General shall issue under the supervision of
The Assembly of an administrative directive.
(5) in the event of a conflict between the provisions of the Treaty and the provisions of the
CCIP has the text of the agreement will prevail.
TITLE VI OF THE
Disputes
Article 59
Disputes
Subject to article 64 (5) can be any dispute between two or more
the Contracting States concerning the interpretation or application of the Treaty or
Implementing regulation and that has not been settled amicably, presented one of the
These States at the International Court of Justice in accordance with the order of this proposal
of the Court, unless the States agree to another method of solution. The Contracting
State that the dispute be submitted to the Court, it will so inform the International
the Office; The International Bureau will notify the matter to the other Contracting
States.
TITLE VII
Revision and amendment
Article 60 of the
Revision Of The Treaty
(1) a contract may be periodically revised by the Special Conference of the
States.
(2) the convening of the Review Conference decides to Assembly.
(3) any intergovernmental organization, designated as the authority for international search
or the international preliminary examination authority has the right to participate in the
Review Conference as an observer.
(4) articles 53 (5), (9) and (11), 54, 55 (4) to (8), 56, and 57, may be
changed either the revision conference or according to the provisions of article 61.
Article 61
Amendment of certain provisions of the Treaty
(1)
(a) proposals for the amendment of articles 53 (5), (9) and (11), 54, 55 (4) to (8), 56, and
57 may be based on the initiative of each State which is a member of the
The Assembly, on the initiative of the Executive Committee or the Director General.
(b) such proposals shall be communicated by the Director of the Contracting States at least six
months before the discussion at the meeting.
(2)
(a) amendments to the articles referred to in paragraph (1) must be approved by the Assembly.
(b) to approve the required majority of the votes cast.
(3)
(a) the amendment of the articles referred to in paragraph (1) shall take effect one month
After the Director receives a written notice of acceptance of the amendments in
the relevant constitutional control three-fourths of the States which were members of
The Assembly at the time of acceptance of the amendment.
(b) any amendment thus adopted the above articles is binding for
all States which are members of the Assembly at the time the change takes
efficiency, saying that any change that implies an increase of the
obligations of the Contracting States undertakes to only those States that have made the notification
on acceptance of such changes.
(c) any amendment accepted in accordance with subparagraph (a) requires all States,
that become members of the Assembly after the date on which the change took effect
According to the provisions of subparagraph (a).
TITLE VIII
Final provisions
Article 62
Membership in the Treaty
(1) any State which is a member of the International Union for the protection of
of industrial property, may become a member of this agreement:
(i) the signature and an additional saving of ratification,
(ii) saving the instrument of accession to the Treaty.
(2) instruments of ratification or accession shall be deposited with the
the Director.
(3) the provisions of article 24 of the Stockholm text of the Paris Convention for the
protection of industrial property also applies to this contract.
(4) paragraph (3) in no case to be interpreted so that it contains
recognition or tacit consent of the Contracting State with the factual situation in the territory,
to which the Treaty applies the other Contracting State as a result of that article.
Article 63
The Effectiveness Of The Contract
(1)
(a) subject to the provisions of paragraph (3), this contract shall become effective
three months after eight States have deposited their instruments of ratification or
the instrument of accession, provided that at least four of those States
meet one of the following conditions is true:
(i) the number of applications filed in the State has exceeded according to the latest
annual statistics published by the International Bureau, 40 000;
(ii) citizens of that State or a person that there are, according to the
the most recent annual statistics published by the International Bureau submitted the
at least 1000 applications in one foreign country;
(iii) the national Office of that State, according to the latest annual
statistics published by the International Bureau, at least 10,000 applications from
citizens of foreign countries or persons who stay in them.
(b) for the purposes of this paragraph, the term "application" does not include the application
used patterns.
(2) subject to paragraph (3) it is for each State, which did not become a member of the
When the Treaty came into force within the meaning of the provisions of paragraph
(1) this agreement is binding on the three months after its instrument of ratification
instrument or instrument of accession.
(3) the provisions of title II and the corresponding rules of the CCIP
annexed to the Treaty, however, connect up to the date on which three States, from
which meets at least one of the conditions referred to in paragraph (1),
become members thereof, without within the meaning of the provisions of article 64
(1) have declared that they do not want to be bound by the provisions of title II. This
However, the date cannot be earlier than the initial entry into force referred to in paragraph
(1).
Article 64
Reservations
(1)
(a) any State may declare that it is not bound by the provisions of title II.
(b) States that make a declaration under the provisions of subparagraph (a),
are not bound by the provisions of title II or the corresponding provisions of
CCIP.
(2)
(a) any State which has made a declaration under paragraph (1) (a), may
declare that:
(i) is not bound by the provisions of article 39 (1), with regard to the submission of the
a copy of the international application, and its possible resolution;
(ii) the undertaking regarding the delay of the national proceedings, as set out in
Article 40, shall not hinder the publication of the international application or
its translation or through the national authority, with
However, it means that the State is not exempted from the obligations laid down in
articles 30 and 38.
(b) States to make such a statement, they will be bound by the.
(3)
(a) any State may declare that, as far as it does not require
international publication of the international application.
(b) in cases where, at the expiry of 18 months from the date of priority includes
international application designation only of such States which have made the
statements within the meaning of the provisions of subparagraph (a), the international
the application referred to in article 21 (2) published.
(c) even in cases where the provisions of subparagraph (b) shall publish the
The International Bureau of the international application:
(i) at the request of the applicant, as provided for by the implementing regulation;
(ii) in the case of a national application or a patent based on the
the international application has been published by the national authority of any
specified by or on behalf of the State which has made a declaration under
the provisions of subparagraph (a), immediately after such publication but not
before after the expiration of 18 months from the date of priority.
(4)
(a) any State whose national law confers on its patents
effect on the known state of the art from the period prior to the publication, but
nezrovnoprávňuje for the purposes of a known state of the art the priority date
applicable under the Paris Convention for the protection of industrial property with
the actual date of filing in that State, may declare that the Administration
international application in which it is intended that State, outside its territory, it is not
for the purposes of a known state of the art level with the application actually
filed in its territory.
(b) any State which makes a declaration under subparagraph (a),
This range is bound by article 11 (3).
(c) any State which makes a declaration as referred to in subparagraph (a), grasses
at the same time in writing the date and conditions from which and by which its territory
the effect occurs to a known state of the art of those international applications in
which has been marked. This statement may be changed at any time by notifying the
addressed to the Director General.
(5) any State may declare that it is not bound by the provisions of article 59. With regard to the
disputes between a Contracting State which has made such a declaration, with other
the Contracting States shall not apply the provisions of article 59.
(6)
(a) any declaration under this article shall be made in writing. Can
be made when signing the contract, when the ratification or
the instrument of accession, or, except in the case referred to in paragraph (5),
later notification addressed to the Director-General. In the case of
such notification shall take effect six months after the Declaration, when
There was the Director, and will not affect the international application
applications submitted before the expiry of the said six-month period.
(b) any declaration under this article may be withdrawn at any time
notification addressed to the Director General. Such withdrawal shall take
effective three months after the occurrence of the Director and in the case of
undo the Declaration referred to in paragraph (3), this will not affect the
international applications filed prior to the expiration of the said three-month period.
(7) other reservations to the treaty other than those referred to in paragraphs
(1) to (5) are not permitted.
Article 65
The gradual application of the Treaty
(1) if the agreement with the authority for international search or
international preliminary examination provides for a transitional or limit
the kind of international applications that such authorities undertake to settle,
The Assembly shall adopt the measures necessary for the gradual application of the Treaty and
Implementing regulation, in respect of that category of international
applications. This measure also applies to an application for a search of the international
the type referred to in article 15 (5).
(2) the Assembly shall establish the deadlines from which, subject to the provisions of paragraph
(1) the international application may be filed, and submit proposals for
the international preliminary examination. These time limits may not be longer than 6 months
from the date when the Treaty entered into force in accordance with the provisions of article 63 (1),
Alternatively, when she started to use the title II in accordance with article 63 (3).
Article 66
Notice of termination
(1) any Contracting State may denounce the Contract notice
the Director-General.
(2) denunciation shall take effect six months after the notification has occurred
the Director-General. This will not affect the účiny of the international application
in telling the State, if the international application is filed before the
the expiry of this six-month period or if it was before expiry
made choice of the deponent questioning him last State.
Article 67
Signature and official languages
(1)
(a) the contract shall be signed in a single copy in the English and
the French language, both texts being equally authentic.
(b) official texts shall be drawn up in consultation with the Director-General by the competent
Governments, in German, Japanese, Portuguese, Russian and Spanish
and in other languages, to be determined by the Assembly.
(2) the Treaty is open for signature at Washington until 31 December 2006. December 1970.
Article 68
Save The Contract
(1) the original of the Treaty shall be deposited with the Director-General then, when already
will not be accessible to the signature.
(2) the Director General shall transmit two copies, certified by him of the contract and the
CCIP-connected the Governments of all States which are members of the
Paris Convention for the protection of industrial property, and on demand
the Governments of the other States.
(3) the Director shall register the Treaty with the Secretariat
Of the United Nations.
(4) the Director General shall transmit two copies, certified by him, each change
The Treaty and the implementing regulation to the Governments of all Contracting States and, on the
request, to the Governments of other States.
Article 69
Notification
The Director-General shall notify the Governments of all the Member States of the Paris Convention
on the protection of industrial property:
(i) signatures under article 62;
(ii) deposit of the instrument of ratification or instrument of access referred to in article
62;
(iii) the date when the contract took effect, and the date from which the
Title II shall apply in accordance with article 63 (3);
(iv) declarations made under article 64 (1) to (5);
(v) the taking back of the declarations made pursuant to article 64 (6) (b);
(vi) denunciations received under article 66;
(vii) the declarations referred to in article 31 (4).
Annex
The IMPLEMENTING REGULATION to the Patent Cooperation Treaty, modified for the last time in
1992
PART AND
Introductory rules
Rule 1
Abbreviated expressions
1.1 Meaning of abbreviated expressions
(a) in implementing the regulation, the word "Treaty" means the Treaty on patent
cooperation.
(b) the words "in the Implementation Regulation of the head" and "article" refers to the
the head and the article of the Treaty.
Rule 2
Interpretation of certain words
2.1
"Applicant"
When used, the words "applicant", it also means the representative and another
representative of the applicant, with the exception of those cases where the text of the
or the nature of the provision or the context in which the text is like this
the words used, clearly shows the opposite, that is, in particular, in cases where the
regulation refers to the residence or nationality of the applicant.
2.2.
"Representative"
Whenever it is used, the words "representative" means the representative of as laid down
According to the provisions of rules 90.1, unless something else is not clear from the
the wording or the nature of the text of the provisions, or the context in which it is
the word is used.
2.2 bis
"Common Representative"
Whenever it is used the expression "common representative", it means
the applicant, which is defined as, or considered to be, for the common
Agent under the provisions of rule 90.2.
2.3.
"Signature"
If national legislation used by the receiving Office, or
the competent authority for international search or international
a preliminary survey, requires the use of stamp instead of a signature, it will be for
that Office or authority, the term "signature" to mean "stamp".
2.4
"Priority period"
(a) whenever it is used of the term "priority period" in relation to the claimed
the priority, it means a period of 12 months from the date of filing of the earlier
application whose priority is claimed in this way. The date of filing of the earlier
application is not included in this period.
(b) rule 80.5 shall apply mutatis mutandis to the priority period.
PART (B)
Rules relating to title I of the Treaty
Rule 3
The Request (Form)
3.1
The application form
Request shall be made on a printed form or as a computer printout.
3.2
The possibility to obtain the form
The applicant shall provide free of charge printed forms of the receiving Office or the
The International Bureau, the receiving Office shall, if it so wishes.
3.3.
Checklist
(a) the application shall contain a list indicating:
(i) the total number of sheets of the international application which it contains and the number of
the leaves of each part of the international application: request, description (separately
indicates the number of sheets of each part of the describing that list sequences),
the claims, the drawings, the annotation;
(ii) whether the international application, as filed, if any,
attached power of Attorney (i.e., a document establishing the agent or common
representative), a copy of the general power of Attorney, a priority document, a sequence listing
in electronic form, a document relating to the payment of fees, or even
any other document (to be specified in the check list);
(iii) the number of the figure drawings, which, according to the proposal of the applicant had
be published along with the annotations; in exceptional cases, it may
the applicant has to propose more than one picture.
(b) the applicant fills in the List, and if he fails to do so, shall place the relevant
In addition to the number of the picture data referred to in paragraph (a) (iii) the receiving Office.
3.4.
Details
Subject to the provisions of rules 3.3, modifies the details printed
the application form and an application submitted as a computer printout
Administrative directive.
Rule 4
The Request (Contents)
4.1
Mandatory and optional contents; the signature of the
(a) the request shall contain:
(i) the petit;
(ii) title of the invention;
(iii) indications concerning the applicant and the representative, if the representative
appointed;
(iv) indications concerning the inventor where the national law
at least one of the designated States requires that the name of the inventor be
stated at the time of filing a national application.
(b) where appropriate, the Request includes:
(i) the application of priorities;
(ii) information relating to an earlier search as provided for in the rules
4.12 and 12bis (i). 1 (c) and (f),
(iii) the reference to the basic application or the basic patent,
(iv) an indication of the přihlašovatelově the choice of competent authority for international
up to the present.
(c) the request may contain:
(i) indications concerning the inventor where the national law of any
of the designated States requires that the name of the inventor be indicated for
the filing of a national application;
(ii) a request addressed to the receiving Office, to forward to the international
priority document to the Office, and that in the case that the application from which priority is
applied, was submitted to the national Office or intergovernmental authority,
that the receiving Office.
(iii) the Declaration referred to in rule 4.17,
(iv) the notice referred to in rule 4.18,
(v) a request for the return of the right of priority,
(vi) a statement as provided for by rule 4.12 (ii).
(d) the application must be signed.
4.2.
Petit
Petit must have the following content, and it is recommended that this
text: "the undersigned requests that the international application has been discussed
According to the Patent Cooperation Treaty ".
4.3.
Title of the invention
Title of the invention shall be short (it is recommended that the name of the two up to seven
words, if it is in English or translated into English) and precise.
4.4
The names and addresses
(a) names of natural persons shall be indicated by the last name and the name (names).
(b) the names of legal entities shall be indicated by their full official designation.
(c) addresses shall be indicated so that the usual requirements are met
fast mail delivery to the specified address and, in any case, contain
all the relevant administrative units, including the house number, if applicable
account. In those cases where the national legislation of a designated State
does not require the indication of the house number, will have to indicate the omission of such a number
in this state of no consequence. In order to allow a quick connection with
by the applicant, it is recommended to provide the address, telephone and telex
fax, or other similar means of communication data
the applicant or, where applicable, the representative or the common representative.
(d) for each applicant, the inventor or the representative may be listed
only one address, but if he was not appointed a representative to
representation of the applicant or of all applicants, if any
more than one applicant, or may, if there is more than one applicant,
a common agent, include, in addition to any other address provided for in the
request, the address to which notifications are to be sent.
4.5
The applicant has
(a) the request shall indicate:
(i) the name,
(ii) the address and
(iii) the nationality and residence of the applicant or, if there are several
applicants, of each of them.
(b) the nationality of the applicant must be given the name of the State,
of which he is a national.
(c) the registered office of the applicant must be as indicated by the name of a State in whose territory the
the stay.
(d) the request may be listed, for different designated States, various
applicants. In this case, the applicant shall indicate in the application or
applicants for each designated State or group of designated States.
4.6
The inventor of the
(a) in the case of the application of rule 4.1 (a) (iv), or (c) (i) the request shall
contain the name and address of the inventor or inventor, where there are
more.
(b) if the applicant is the inventor, the request shall contain the place
the information referred to in paragraph (a) of the communication in this direction.
(c) the request may, for different designated States, indicate different persons as
the inventor, if they are in this respect, the requirements contained in
the national law of designated States. In this case, the
application shall contain a special declaration for each designated State or group
States in which one or several people, possibly the same person, or
the same persons considered to be the inventor.
4.7.
The representative of the
If the appointed representatives, it will be stated in the application and at the same time will be
listed their names and addresses.
4.8
Common agent
If it was determined by the common agent, this information must be in the application
listed.
4.9.
The determination of States; types of protection; national and regional patents
(a) submission of the application must include:
(i) the designation of all Contracting States that are bound by contract to the date of
the international administration;
(ii) an indication that the international application is, in respect to each designated
the State, which refers to article 43 or 44, for the grant of every kind
protection, which is available on the basis of the determination of that State;
(iii) an indication that the international application is, in respect to each designated
the State, which refers to article 45 (1), the granting of regional patents and
also, if you do not apply article 45 (2), the national patent.
(b) Notwithstanding paragraph (a) (i) If, at the 5. October 2005 national
the legislation of a Contracting State provides that the filing of international applications,
that contains the destination of that State and claims the priority of an earlier
national application having effect in that State, will result in the
the earlier national application ceases to have effect with the same consequences,
like undo an earlier national application, the application is
applied priority the former national applications filed in that State,
contain an indication that the designation of that State is not made, provided that the
the designated Office shall inform the International Bureau up to 5. January 2006 that this
paragraph applies due to the intended use of this State, and that this notification is
still valid at the date of the international administration. The information received will be
as soon as published by the International Bureau in the Gazette.
4.10
The application of priority
(a) any declaration referred to in article 8 (1) ("priority application") may,
apply the priority of one or more earlier applications filed either in
or for a Member State of the Paris Convention for the protection of industrial
property or in or for a Member State of the WTO,
that is not a Member State of the present Convention. Each application of the priorities will be
indicated in the application; It consists of the notification that is being applied to the priority of the
the previous application and must specify:
(i) the filing date of an earlier application;
(ii) the number of the previous application;
(iii) where the earlier application is a national application, the Member State of the Paris
Convention for the protection of industrial property or the Member State of the world
Trade Organization that is not a member of that Convention, in which it was
has been made;
(iv) where the earlier application is a regional application, the Organization
responsible for the granting of regional patents under the applicable treaty
regional patent;
(v) where the earlier application is an international application, the receiving Office
which it was submitted.
(b) in addition to the contents required by paragraphs (a) (iv) or (v):
(i) if the earlier application is a regional application or an international
application, application of priorities can contain one or more Member
States of the Paris Convention for the protection of industrial property for which
It was filed;
(ii) where the earlier application is a regional application and at least one
Member State of a regional patent treaty is a Member State of the Paris
Convention for the protection of industrial property nor a Member State of the world
Trade Organization, the priority will contain at least one
Member State to that Convention or one Member State of that organization, for
which it was filed.
(c) For the purposes of paragraphs (a) and (b), article 2 (iv) shall not apply.
(d) if the 29. September 1999, paragraphs (a) and (b) valid from 1.
January 2000 are not compatible with the national law applicable in the
the designated offices will be in those designated offices to continue
the application of paragraphs in force until 31 December 2006. December 1999 and after that date so
long as the modified paragraph will not be compatible with this
legislation, provided, that the Office shall inform the International
the Office until 31 December 2006. October 1999. Received the notification will be published immediately
The International Bureau in the Gazette.
4.11
Reference to earlier search, continuation or partial continuation or
Basic application or patent
(a) If:
(i) the applicant wishes under rule 49bis.. (l) (a) or (b) to
the international application has been discussed in any designated State
as an application for the additional patent, supplementary certificates, additional
patent for the invention or the utility model certificate supplements;
or
(ii) the applicant wishes under rule 49bis. 1 (d), the international
application has been discussed in any designated State, as an application for
that is a continuation or a partial continuation of the previous application;
It must be noted in the request and must include the appropriate base application or
the basic patent or other basic grant of protection.
(b) the inclusion of information referred to in paragraphs (a) to request has no effect on
apply a rule 4.9.
4.12
Taking the results of the earlier search into account
If he wishes to, to the international search authority when
implementation of international research took into account the results of an earlier
international searches, searches of the international type, or the national research
made in the same or other authority for international search or
National Office ("earlier search"):
(i) it must be noted in the request and shall give the competent authority, or the authority and the
the application, which was earlier research carried out;
(ii) the request may contain a declaration, as appropriate, to ensure that the international
the application is the same or substantially the same, as the application to which the
an earlier search has been carried out, or that the international application is
the same, or substantially the same as the previous application, except that it
is filed in a different language.
4.13
cancelled
4.14
cancelled
4.14 bis
The choice of the authority for international search
If more international search authorities competent for research
of the international application, the applicant designates in his application the authority for
international search, which he chose.
4.15
The signature of the
The application must be signed by the applicant, or all the applicant
If there are more.
4.16
Transcription and translation of certain words
(a) if the name or address is not written in the Latin alphabet, it must be
also listed in the Latin alphabet, either in regulation or in English
translation. The applicant decides which words will be overwritten and only the
that translated.
(b) if the name of the country is written in the Latin alphabet, it must be
also noted in the English language.
4.17.
Additional details
(a) the request must not contain any data other than those that are listed
in rules 4.1 to 4.16, with Administrative Directive may
allow, but not require, that the additional information presented in the request
These specifications.
(b) if the application contains data other than those that are listed in the
rules 4.1 to 4.17 or permitted under paragraph (a)
Administrative directives, the Admissions Office, these supplemental data
shall be ex officio.
4.18.
Notice of incorporation by reference
Where the international application claims the date was one or more of the
the elements referred to in article 11 (1) (iii) for the first time accepted the receiving Office,
the priority of an earlier application, the request may contain a notice that if
element of the international application referred to in article 11 (1) (iii) (d) or (e), or
part of the description, claims or drawings referred to in rule 20.5 (a) is not otherwise
contained in the international application but is completely contained in the earlier
application, that element or part is, subject to confirmation by the
rule 20.6, incorporated by reference in the international application
for the purposes of rule 20.6. Such a notification, if it is not contained in the
applications on that day, it can be added to the application only, and only if,
If it was otherwise contained in, or submitted with, the international day
the application form.
4.19
Additional details
(a) the request must not contain any data other than those that are listed
in rules 4.1 to 4.18, provided that the administrative directive may
allow, but not require, that the additional information presented in the request
This directive listed.
(b) if the application contains data other than those that are listed in the
rules 4.1 to 4.18 or permitted under paragraph (a) of the administrative
directive, the Admissions Office, these supplemental information shall ex officio.
Rule 5
Description
5.1
Way description
(a) a description of the invention must begin with the name specified in the request and must
include:
(i) clarification of the technical field to which the invention relates;
(ii) an indication of the known state of the art, which is known to the applicant, and
that can be useful for understanding, research and exploration of the invention, and
If possible, an indication of the materials from which this results;
(iii) a description of the invention such logged-in their own terms, in order to
possible technical problem (even if not expressly stated as such) and
his solution to understand, and putting any advantageous effects of the invention
in comparison with the known state of the art;
(iv) a brief description of the drawings, if any;
(v) an indication of at least the best way in which it would be possible according to the
the opinion of the applicant to carry out the invention is logged on; This is done
by means of examples and if appropriate, a reference to the drawings, if any; When
the national legislation of the designated State does not require the description of the best
way, but just the description of any example implementation (without
regardless of whether it is considered the best or not), does not have the omission
describe the best way to perform reactions in this State;
(vi) an explicit indication of the way in which the subject matter of the invention may be appropriately
used in the industry, if it clearly does not result from the description or from the
the nature of the invention, and how it can be manufactured or used, or
If it can only be used, the way in which it can be used.
The term "industry" means its broadest sense as in the Paris Convention
on the protection of industrial property.
(b) the manner and order of the description referred to in paragraph (a) is to be observed with
except in cases where the nature of the invention would be for a different method or other
order a better understanding and more economical explanation.
(c) subject to the provisions of paragraph (b), each part referred to in
paragraph (a) is given by a suitable heading, in accordance with the recommendations contained
in the Administrative directives.
5.2.
Nucleotide sequence and/or amino acids
(a) if the international application contains expressions of one or more
nucleotide and/or amino acids, must contain the description of the listing
sequence that is in accordance with the standard prescribed by the Administrative
directive, and must be filed as a separate part of the description in accordance with this
standard.
(b) if part of the description contains any sequence listing free text,
as defined in the standard provided for in the administrative directive,
free text shall also be indicated in the main part of the description in the
the same language as the description.
RULE 6
Claims
6.1
Number and numbering of claims
(a) the number of rights must be proportionate to the nature of the logged-on the invention.
(b) If several claims, they shall be numbered consecutively in Arabic
digits.
(c) the method of numbering in those cases where there is an edit of the claims, the
be governed by Administrative guidelines.
6.2.
Links to other parts of the international application
(a) Claims shall not, except in cases where it is absolutely necessary,
rely, in respect of the technical features of the invention, on references to the description or
drawings. In particular, they shall not rely on such references, such as:
"as described in part ... of the description" or "as illustrated in Figure
... the drawings ".
(b) in those cases where the international application contains drawings, gives
they prefer that the technical features of the claims are accompanied by the
relationship markup that concern them. If used,
they prefer to be in parentheses. If the use of
relationship markup not particularly does not facilitate a faster understanding of the claim,
then do not apply. Relationship markup the designated authority for the purposes of publication of the
by that authority.
6.3
The method of compiling claims
(a) the definition of the subject matter for which protection is sought, consists of technical
the character of the invention.
(b) if appropriate, claims shall contain:
(i) the introductory part, indicating those technical features of the invention which are
necessary for the definition of the subject that are logged-in, however, in combination
part of the known state of the art;
(ii) the význakovou part, which precede e.g.. the word "featuring",
"the marked", although it is ", or other words
the same meaning, and that briefly lists the technical characters of
protection in conjunction with the characters referred to in point (i) is requested.
(c) where the national law of the designated State does not require that the
claims compiled in the manner specified in paragraph (b), the omission of
of how the Assembly claims no consequences for this country for
provided that actually the method used for the Assembly of claims is in accordance with the
the requirements of the national legislation of that State.
6.4.
Dependent claims
(a) any claim which includes all the characteristics of one or more
other claims (claim in dependent form, here referred to as "dependent
claim "), shall contain an appeal, if possible at the beginning, to the other claim
or on the other claims and shall then state the additional required characters. Each
a dependent claim which refers to more than one of the other claims
("multiple dependent claim") may claim these claims only
Alternatively. Multiple dependent claims shall not serve as a basis
for other multiple dependent claims. If the national legislation
the national Office that is acting as the authority for international search,
does not allow multiple dependent claims to have been compiled in a manner
different from the one that is mentioned in the two preceding sentences, then
the omission of build claims in such a manner may lead to their identification
in the international search report in the sense of article 17. (2) (b). The fact
that the claims are not built this way, not in a specified state
consequences, if the claims have been drawn up in accordance with the national
legislation of that State.
(b) any dependent claim must be formulated to contain all
the restrictions contained in the claim to which it refers. Multiple dependent
the claim must be formulated to include all restrictions contained in
that particular claim, in connection with which it is being considered.
(c) all dependent claims, which refer to only the previous
claim and all the dependent claims, which refer to the several
preceding the claims, according to the options, and the most appropriate merged
into groups.
6.5
Utility models
Each designated State for which the is requested to grant a utility model on the basis of
the international application may, instead of rules 6.1 to 6.4 use in matters of
the modified provisions there of its national law on utility models
patterns, if proceedings for the international application has started in this
State, and provided that the applicant shall be provided with at least two
months from the expiry of the period referred to in article 22 for the adaptation of the application
the requirements of national legislation.
RULE 7
Drawings
7.1
Technological charts and diagrams
Technological charts and diagrams are considered drawings.
7.2.
The time limit
The time limit referred to in article 7. (2) (ii) must match the circumstances of the particular
of the case and shall be not less than 2 months from the date of the written invitation, in which
requesting the submission of drawings or additional drawings within the meaning of
provisions.
RULE 8
Annotation
8.1
The content and form of annotation
(a) shall contain:
(i) a summary of the nature of the invention, as is apparent from the description of the claims and any
drawings; In summary, must be given technical field to which the invention
refers to, and its wording must allow a clear understanding of the technical
the problem, the solution to this problem the invention of the kernel and basic usage
or a larger number of the basic use of the invention;
(ii) where applicable, the chemical formula, that of all the
the formulas listed in the international application, best characterizes the
the invention.
(b) Annotations must be as brief, as allowed by the nature of the invention
(preferably 50 to 150 words if it is in English or translated into
English).
(c) must not contain data about the alleged benefits or value
logged-on invention, nor his fitness under consideration.
(d) any substantial technical character that appears in the annotation and displayed on the
the drawing of the international application must be accompanied by the a relationship tag
placed in parentheses.
8.2.
Picture
(a) if the applicant fails to make the proposal in accordance with rule 3.3 (a)
(iii) or if the authority for international search finds that the invention should
was better characterized by another image or images than this, or
those proposed by the applicant, then marks, subject to the provisions
Article (b), the picture or the picture that connects to an annotation, to
the International Bureau will publish. In this case, the annotation is attached
the image or images suggested by the applicant.
(b) if the authority responsible for the international search finds that to understand the
Annotations do not fit any figure of the drawings, it shall notify the International Bureau.
In this case, it will not be to annotate the publication by the International Bureau
No image, even if the applicant has made a proposal pursuant to
rule 3.3 (a) (iii).
8.3.
The main principles of formulation
Annotations are formulates so that it can effectively serve as a reference
aid for the purposes of research in the sector concerned, in particular, techniques to
help scientists, engineers or researchers to find out
whether it is necessary to study the entire international application.
RULE 9
Expressions, etc., which may not be used
9.1.
The definition of
The international application shall contain:
(i) expressions or drawings contrary to morality;
(ii) expressions or drawings, which is contrary to public policy;
(iii) defamatory information about the products or processes of any person other than the
of the applicant or of the benefits and value of applications or patents of such
persons (a simple comparison with the current state of the art is not in itself
derogatory);
(iv) any statement or other things that are relative to the
the circumstances seem meaningless or unnecessary.
9.2.
A reminder of the conflict with the rules
The Admissions Office and the authority for international search may make comments,
that the international application does not comply with rule 9.1 and may
suggest to the applicant to voluntarily made the appropriate corrections
of the international application. If the comment has made the Admissions Office,
It shall inform the competent authority for international search and international
the Office; He made it to the international search, the authority shall inform the
the receiving Office and the International Bureau.
9.2.
Reference to article 9 (6)
"Derogatory information" referred to in article 9 (6) shall have the meaning as defined by the rule
9.1 (iii).
RULE 10
Terminology and symbols
10.1
Terminology and symbols
(a) units of weights and measures shall be expressed in the metric system, or
also in the metric system, when first expressed in a different system.
(b) temperatures shall be expressed in degrees Celsius, or also in the
degrees Celsius, if first expressed in a different way.
(c) cancelled
(d) For details about the warm, energy, light, sound, and magnetism, as well as for
mathematical formulae and electrical units must be respected
international practice; for chemical formulae to be applied symbols, Atomic
weights and molecular formulas commonly used.
(e) Generally are used only such technical terms, signs and
the symbols, which are generally introduced in both.
(f) where the international application or its translation in Chinese, in
English or Japanese, the beginning of any decimal fraction
indicates a dot; If the international application or its translation in
a language other than Chinese, English or Japanese, it indicates
with a comma.
10.2
Consistency
Throughout the international application consistently uses the selected terminology and
brands.
RULE 11
The requirements for the presentation of the international application
11.1.
Number of copies
(a) subject to the provisions of paragraph (b) shall be submitted to the international
the application and each of the documents referred to in the check list (rule
3.3 (a) (ii) in a single copy.
(b) any receiving Office may require that the international application and
each document referred to in the check list (rule 3.3 (a) (ii), with the
the exception of the proof of payment of the fees or check for payment
charges were filed in two or three copies. In such a
If the receiving Office is responsible for verifying that the second and third
copy is identical to the archival copy.
11.2.
Fitness for reproduction
(a) all parts of the international application (i.e., the request, description, claims,
drawings and annotations) must be submitted so that it can be directly
reproduced photographically, electrostatically, offset printing and
mikrofilmem in any number of copies.
(b) all sheets shall be free from creases and cracks; must not be folded.
(c) used only one side of each sheet.
(d) subject to rule 11.10 (d) and rule 11.13 (j) per sheet
It's in the vertical position (i.e., the short sides at the top and bottom).
11.3.
Applicable material
All parts of the international application shall be on paper that is
flexible, strong, white, smooth, mat paper, and durable.
7.1
Separate sheets, etc.
(a) each part of the international application (request, description, claims, annotations)
starting on a new worksheet.
(b) all sheets of the international application so that in the Studio
could easily turn to be easily disconnected and again fold
together in those cases where they were separated for reproduction purposes.
7.1
The dimensions of the sheets
The dimensions of the sheets shall conform to the format A4 (29, 7 cm times 21 cm). Each
However, the receiving Office may accept international applications on sheets
other dimensions, provided that the archival copy transmitted to the
the International Bureau and search copies, if requested by the competent
authority for international search, will be on A4 paper.
7.2
The edges of the
(a) the minimum margins of the sheets containing the description, the claims and the annotation are
These:
-top margin 2 cm
-left edge of 2.5 cm
-right margin 2 cm
-bottom margin of 2 cm
(b) the recommended maximum margins referred to in paragraph (a) are the following:
-upper edge 4 cm
-the left edge 4 cm
-the right margin of 3 cm
-bottom edge 3 cm
(c) on the leaves with the drawings may not be usable area larger than 26.2 cm
times 17.00 cm. Leaves not to be around the usable or used surface
affixed to the frame. The minimum margins are as follows:
-upper edge of 2.5 cm
-left edge of 2.5 cm
-right edge of 1.5 cm
-the lower edge of 1.0 cm
(d) the margins referred to in paragraphs (a) to (c) apply to A4 sheets.
Even if the receiving Office accepts other formats, you must archive copy
A4 format and in the present case and the search copy A4 format
keep the above margins.
(e) subject to paragraph (f) and the provisions of rule 7.3 (b) edge of the
presented by the international application must be completely empty.
(f) the top margin may contain in the left-hand corner of the mark of the applicant,
the condition that the brand will not lower than 1.5 cm from the top edge of the worksheet.
The number of letters in the tag of the applicant must not exceed the maximum
stated in the Administrative Directive.
7.3
Numbering of sheets
(a) all of the sheets, which includes the international application must be
numbered consecutively in Arabic numerals.
(b) the numbers shall be placed in the middle of the top or bottom edge of the
sheet, but shall not be placed in the margin.
7.3
Line numbering
(a) urgently recommends that number every fifth line of each sheet
Description, and of each sheet of claims.
(b) the numbers should appear in the right half of the left margin.
7.4
How to write text
(a) the request, the description, the claims and the annotations are written or printed.
(b) if necessary, you can write or draw graphics
symbols and characters, chemical or mathematical formulae, and some characters in the
Chinese or Japanese.
(c) the Typescript regarding inter-row space has a 1 1/2.
(d) all text section must be written in such a font, in which
the height of the capital letters have at least 0.28 cm, dark, indelible ink and
so, in order to meet the requirements specified in rule 11.2, with the
any text in the application can be written in such a font whose
uppercase letters are at least 0.21 height cm.
(e) paragraphs (c) and (d) as regards the space and the dimensions of the letters,
not apply to texts in the Chinese or Japanese.
11.10
Drawings, formulas and tables in the text section
(a) the request, description, claims and drawings shall be annotation.
(b) in the description, the claims and the annotation may be chemical and mathematical
formula.
(c) in the description and in the annotation table may be; the claim may contain tables
only if it is given to the subject of the claim is appropriate.
(d) tables and mathematical or chemical formulae may be on a worksheet
placed horizontally if it is unable to satisfactorily put vertically; the sheets on
which tables or chemical or mathematical formulae are placed
horizontally to be classified so that the top of the tables or formulae are at the
the left side of the worksheet.
11.11
Texts on the drawings
(a) the Drawings shall not contain text, only the single word or
each word if it is inevitable, for example. the word such as:
"water," "steam," "open", "closed", "AB" cut. In electrical circuits,
block diagrams and technological diagrams can be just a quick
password, indispensable for understanding.
(b) any words used shall be so placed that when the translation could
be covered without violation of any lines of the drawings.
11.12
Transcripts, etc.
The sheets must not be excessively lengthy, the leaves shall not contain provisions
typos or inserts between the lines. Violation of this rule can go
only if not questionable content and threatened by the originality of the requirement of good
reproduction.
11.13.
Special requirements for drawings
(a) Drawings shall be executed, black, long-lasting rich enough
and dark, just as strong, and well below the lines and strokes without
the use of colors.
(b) Sections must be fitted with a habitual hatches, that must not prevent the
easy readability of the correlation of the marks and of the extension lines.
(c) the scale of the drawings and the distinctness of their graphical execution shall be
such that, when photographic reproduction with a linear shrinking to two
thirds of the daly without difficulty to discern all the details.
(d) if in exceptional cases the drawings mentioned scale,
must be shown graphically.
(e) all numbers, letters, and extension lines contained in the drawing must be
be simple and straightforward. In conjunction with the numbers and letters shall not be
use brackets, circles or quotation marks.
(f) all of the line drawings must be properly drawn including
AIDS.
(g) each element of a given image should be proportional to the other elements
the image, unless the application of the various measures is necessary for clarity
the image.
(h) the height of the numbers and letters shall not be less than 0.32 cm. For the legend
drawings shall be used to the Latin alphabet and, where customary, the Greek alphabet.
(i) one drawing sheet may contain multiple images. If the pictures
on two or more sheets form in effect a single complete figure,
they must be arranged so that it gave a complete picture of the build without
covering some parts of images on different worksheets.
(j) the individual pictures with the Charter or on the sheets shall be designed to
do not waste space, preferably in an upright position and clearly separated each other.
If there are images in a vertical position, it must be placed horizontally, so
to their upper part was on the left side of the worksheet.
(k) independently of the numbering of the sheets of the individual images must be numbered
consecutive Arabic numerals.
(l) the Relationship of the brand, not listed in the description, the drawings and must not be
on the contrary.
(m) the Relationship of the brand of the same element must be the same in the whole international
the application form.
(n) if the drawings contain a large number of relational tags, it is strongly
It is recommended to attach a separate sheet listing all of the correlation of the marks and
elements marked by them.
11.14
Later produced documents
Rules 10, and 11.1 to 11.13, also apply to any document-
for example, the replacement sheets, custom claims, translations — submitted after
filing of international applications.
RULE 12
The language of the international application and translation for the purposes of international search and
the international publication of the
12.1.
The languages accepted for the filing of international applications
(a) the international application must be filed in a language which
the receiving Office accepts for that purpose.
(b) each receiving Office shall accept for the filing of international applications
at least one language which is both:
(i) language that acknowledges the authority for international search or at least
one international search authority responsible for the implementation of the international
searches on international applications filed with that receiving Office, and
(ii) the language in which the application is to be published
(iii) (repealed)
(c) Notwithstanding paragraph (a), the request must be made in any language
the publication, which the receiving Office accepts for the purposes of this paragraph.
(d) Notwithstanding paragraph (a) any text contained in the description, with
listing sequences in accordance with rule 5.2 (a) must be filed in accordance with the
the standard set out in Administrative Directive.
12.1 bis
The language of elements and parts of the submitted under rule 20.3, 20.5 or 20.6
An element referred to in article 11 (1) (iii) (d) or (e) presented by
by the applicant under rule 20.3 (b) or 12.8 (and), and part of the description,
claims or drawings submitted by the applicant under rule 20.5 (b)
or 12.8 (a) must be in the language of the international application in which it was
filed, or in the case that is the translation of the application pursuant to
rules 12.3 or 12.4 (a), in the language of the application as filed and
the language of that translation.
12.1 ter
The language of the data provided under Rule 13bis. 4
All information concerning the deposit of biological material, provided by the
in accordance with Rule 13bis. 4, must be in the language in which the international
the application is filed, provided that, if the translation of the international
application under rule 12.3 or 12.4, any such information
must be provided in both languages, in the language in which the application is
filed in the language of that translation.
12.2.
Language of changes in the international application
(a) any amendment of the international application, shall be subject to the rules
28.8 and 34.4 in the language in which the application was filed.
(b) any rectification of obvious errors in the international application under rule
56.6 must be in the language in which the application was filed with the fact that:
(i) if required by the translation of the international application under rule
12.3 (a) 12.4 (a) or 34.3 (a) redress referred to in rule 56.6 (b) (ii), and
(iii) shall be filed in both the language of the application and in the language of that
the translation;
(ii) if required, the translation of the application in accordance with rule 26.3 ter (c),
referred to in rule 56.6 (b) (i) may be presented only in the language of this
translation.
(c) any correction of shortcoming in the international application under rule 26
must be in the language in which the international application is filed. Each
fix deficiency under rule 26 in the translation of the international application
provided under rule 12.3 or 12.4, any correction of the lack of
under rule 55.2 (c) in the provided translation under rule 55.2,
or each fix lack of translation requests provided according to the
Rule 26.3 ter (c) must be in the language of the translation.
12.3.
Translation for the purposes of international search
(a) if the language in which the international application is filed,
allowed for the authority for international search to be carried out
international search, the applicant must, within one month from the date of
receipt of the international application, the receiving Office, submit to this Office
translation of the international application into a language which is both:
(i) a language accepted by that authority and to
(ii) the language in which the application is to be published, and
(iii) a language accepted by the receiving Office under rule for 12.1 (a),
If the international application is not filed in the language in which the
published.
(b) paragraph (a) shall not apply to the request nor to any part of the description with
listing sequences.
(c) If, after receiving the Office shall issue to the applicant a communication under
rule 20.2 (c), the applicant submitted a translation required under
paragraph (a), the receiving Office shall, preferably together with this communication, the
invite the applicant to:
(i) file a translation within the time limit referred to in paragraph (a);
(ii) in the event that the required translation is not furnished within the time limit referred to in
paragraph (a), file a translation and, where applicable, pay the late fee
the submission referred to in paragraph (e), within one month from the date of
prompts or within two months from the date of receipt of the international
application the receiving Office, whichever time limit expires later.
(d) where the receiving Office has sent to the applicant an invitation under paragraph (c)
and the applicant has not submitted within the time limit under paragraph (c) (ii)
the required translation and paid any fee for late submission of,
the international application shall be considered withdrawn and the receiving Office
It shall issue an order. Any translation and any payment that the Admissions Office
receives before the release of the resolution within the meaning of the preceding sentence and before
the expiration of 15 months from the date of priority shall be deemed to have been received
before the expiry of that period.
(e) the submission of translation after expiry of the period referred to in paragraph (a) may
the receiving Office may require payment of a fee for a late submission, in
own benefit, equal to 25% of the international login
the fee referred to in item 1 of the Tariff of fees, regardless of the fee
for each sheet of the international application over 30 sheets.
12.4.
Translation for the purposes of international publication
(a) if the language in which the international application is filed is not
language of publication and no translation is required under rule
12.3 (a), the applicant must submit, within 14 months from the priority date
the receiving Office a translation of the international application into any language
the publication, which the receiving Office accepts for the purposes of this paragraph.
(b) paragraph (a) shall not apply to the request nor to the portion of the description of a dedicated
listing sequences.
(c) if the applicant has not submitted within the time limit referred to in paragraph (a)
translation required under this paragraph, the receiving Office shall invite
the applicant to submit a translation requested and, where applicable, to the
payment of the fee required for late submission in accordance with paragraph (e),
within 16 months from the priority date. Any translation received by the receiving
Office before that Office sends the invitation under the previous sentence shall
be considered adopted before the expiry of the period referred to in paragraph (a).
(d) if the applicant has not submitted within the time limit under paragraph (c)
the required translation and paid the required fee for late
presentation of the international application shall be deemed to have been withdrawn and
the receiving Office shall make a statement about it. Any translation and any payment
received by the Office before the receiving Office is to make a declaration pursuant to
the previous sentence and before the expiration of 17 months from the priority date shall be considered as
accepted before the expiry of that period.
(e) the submission of translation after expiry of the period referred to in paragraph (a) may
the receiving Office may require payment of a fee for a late submission, in
own benefit, equal to 25% of the international login
the fee referred to in item 1 of the Tariff of fees, regardless of the fee
for each sheet of the international application over 30 sheets.
Rule 12 bis
A copy of results of earlier search and of earlier application; translation
12bis. 1
A copy of results of earlier search and of earlier application; translation;
(a) if the applicant under rule 4.12 requires that the authority for
international research took into account the results of an earlier search made by the
the same or other authority for international search or the national
the Office, then the applicant, subject to paragraphs (c) to (") shall submit to the
the receiving Office, together with the international application, a copy of the results
earlier research in any form (for example, in the form of search reports,
the list of cited prior art or an examination report), which were
drawn up by the competent authority or authorities.
(b) Authority for international search may, subject to paragraphs (c) to (f),
invite the applicant to submit, within a period appropriate to the circumstances:
(i) a copy of the earlier application;
(ii) where the earlier application is in a language that is not acceptable to the
authority for international search, a translation of the earlier application into a language
which is accepted by that authority;
(iii) if the results of the earlier search are in a language which is
unacceptable for the authority for international search, a translation of those results
into a language which is accepted by that authority;
(iv) a copy of any document cited in the results of an earlier
background research
(c) where the earlier search was carried out by the same Office as the one
that is acting as the receiving Office, the applicant may, instead of submitting the
the copies referred to in paragraphs (a) and (b) (i) and (iv) state that wishes
the receiving Office to prepare and forward is the authority for the international
up to the present. Such a request will be listed in the request and may be receiving
the Office subject to the payment of a fee for their own gain.
(d) where the earlier search was carried out by the same authority for the
international search, or by the same Office which is acting as the authority for
international search, the copy will not be required provided or translations
referred to in paragraphs (a) and (b) the submission of those paragraphs.
(e) if the request contains a declaration in accordance with rule 4.12 (ii)
the purpose, that the international application is the same or substantially the same as the
the application is that the earlier research was carried out, or that the
the international application is the same or substantially the same as the earlier
application, except that it is filed in any other language will not be required
any copy or translation as listed in paragraphs (b) (i) and (ii) to
the submission referred to in those paragraphs.
(f) where a copy or translation referred to in paragraphs (a) and (b) has the authority
for international research is available in the form and manner for
It is acceptable, for example, from a digital library, or in the form of
the priority document, shall state that the applicant and the request will not be a copy of the
or translation required to submit under these paragraphs.
Rule 13
Unity of invention
13.1.
Request
The international application may contain only one invention or to a group
inventions joined together so that they form a single general inventive step
the idea ("requirement of unity of invention").
13.2.
The circumstances in which the requirement of unity of invention considered
complete
If it is one and the same international application claimed group
inventions, is a requirement of unity of invention, according to the provisions of rules
13.1 is fulfilled only if there is a technical relationship among those
inventions, based on one or more identical or corresponding
the specific technical characteristics. The expression "special technical features"
means such technical features which define the effect that each of the
applied inventions, considered as a whole, exceeds the known condition
techniques.
13.3.
Determination of unity of invention of the unaffected way the Assembly of claims
Determine whether a group of inventions linked to each other so that they form a single
the general idea of inventive step must be performed regardless of whether the
inventions are claimed in separate claims, or, Alternatively, in
one claim.
13.4.
Dependent claims
Subject to rule 13.1, you can into a single international application include
a reasonable number of dependent claims for protection of special design
the invention that is the subject of an independent claim, even when
the characters of the individual dependent claim can treat themselves for
the invention.
13.5.
Utility models
Each designated State for which the is requested to grant a utility model on the basis of
the international application may, instead of rules 13.1 to 13.4 use in
There matters governed by the provisions of its national legislation on
utility models, if the international application has started in the
that State and provided that the applicant will be provided
at least two months from the expiry of the time limit under article 22 to adapt
the application to the requirements of national legislation.
RULE 13bis
Inventions relating to biological material
13bis (1)
The definition of
For the purposes of this rule, the term "reference to the stored biological
material "means the data of the international application of the deposit of the biological
materials for the storage of the authority or of a biological material as follows
the saved.
13bis (2)
Reference (General)
Every reference to stored biological material must be made in accordance with
This rule, and if it is done this way, it is considered that it complies with
the requirements of the national law of each designated State.
13bis (3)
Links: content: the omission of a link or information
(a) a reference to a stored biological material shall indicate:
(i) the name and address of the institution with which the storage to save;
(ii) the date of the deposit of biological material with that institution;
(iii) the accession number given by the stored
the micro-organism;
(iv) other facts notified to the International Bureau in accordance with the provisions of the
rule 13 bis 7 (a) (i), if a request to their notification was
published in the Gazette in accordance with rule 13 bis 7 (c) at least two months
prior to the filing of the international application.
(b) the omission of a reference to stored biological material or omissions
any information referred to in paragraph (a) in a reference to stored biological
the material will not have any effect in that designated State whose national
legislation such a link or a reference in the national application form not required.
13bis (4)
References: time limit for providing information
(a) subject to paragraphs (b) and (c), if any of the indications referred to in
Rule 13bis. 3 (a) contained in a reference to stored biological material in
When filing an international application, but is presented to the International Bureau:
(i) within the time limit of 16 months from the priority date, such information will be specified by the
the Office shall be considered to be submitted in a timely manner;
(ii) after the expiration of the period of 16 months from the priority date, will be considered
each designated Office presented on the last day of this period, if the
will the International Bureau before completion of technical preparations for
international publication.
(b) if the national law of the designated Office so requires in the
national applications, that Office may request the submission within the meaning of
Rule 13bis. 3 (a) earlier than 16 months from the priority date for the
provided that this requirement under Rule 13bis. 7 (a) (ii)
notified to the International Bureau and the International Bureau of such requirement under
Rule 13bis. 7 (c) published in the Gazette at least two months before the
the filing of the international application.
(c) if the applicant requests the earlier publication pursuant to article 21
(2) (b) any designated Office may consider any indication that has not been
submitted before completion of technical preparations for international
publication, for information that was not submitted in a timely manner.
(d) the International Bureau shall notify the applicant, the date of the receipt of each
the information submitted in accordance with paragraph (a), and:
(i) if received before the termination of the technical preparations for
international publication, it shall publish the information submitted under paragraph (a), and
an indication of the date of receipt, together with the international application;
(ii) if the data received after the termination of the technical preparations for
international publication, report serious data from a reference to the designated offices.
13bis. 5
Links and information for the purposes of one or more designated States; various
Save for different designated States; Save on storage organs that
have not been reported
(a) a reference to a stored biological material is considered to be a reference for the purposes of
all designated States, unless it has been expressly made for the purposes of
one of the designated States; the same is true for the data referred to in the reference.
(b) a reference to several different deposit of biological material for the intended
States is permissible.
(c) each designated Office shall have the right not to take into account the deposit with another
filing authority than that which it has been notified pursuant to rule
13bis. 7 (b).
13bis (6)
The provision of samples
Within the meaning of articles 23 and 40 does not provide biological samples
the material, to which reference is made in the international application, before the
the expiration of the applicable time limits after which may follow the
articles to start national proceedings, unless the applicant agrees.
However, where the applicant performs the acts referred to in article 22 or 39 after
international publication but before the expiration of the said time limits,
the provision of samples of biological material deposited occur after the execution of
the listed operations. Notwithstanding the preceding provisions is possible patterns
provide biological material deposited under the provisions of the national
legislation applicable by any designated Office at the moment
under that law, the international publication shall take the effects of mandatory
the national publication of the national application without survey.
13bis (7)
National requirements; notification and publication of the
(a) any national Office may notify the International Bureau of the requirements
national legislation in the direction that the
(i) in reference to stored biological material in a national application
required in addition to the data referred to in Rule 13bis. 3 (a) (i), (ii) and (iii)
next in the notice above;
(ii) one or more of the markings referred to in Rule 13bis. 3 (a) is required
in the national application form at the time of filing or within a time limit of less than 16 months from the
data priorities, while this period it is necessary to specify in the notification.
(b) each national Office shall notify the International Bureau of the depository institutions
where national legislation permits to store biological materials for
the purposes of patent procedure before that Office, or the fact that the national
the legislation does not contain any provisions on the storage or is not adequate.
(c) the requirements which have been notified under the provisions of paragraph (a), and
the information that they have been notified under the provisions of paragraph (b)
the International Bureau shall publish in the Gazette immediately.
RULE 13ter
Listings of nucleotide and/or amino acid
13ter. 1
Procedure before the international search authority
(a) If the international application contains expressions of one or more
nucleotide and/or amino acid, can the authority of the international
Search invite the applicant to submit for the purposes of the international
Research statement sequences in electronic form, which is in accordance with the
the standard Administrative Directive, if it is not already such a statement
sequences in electronic form available in a form and manner which the authority
accepts, and, where appropriate, to the time limit set in the invitation has paid
fee for the late submission, referred to in paragraph (c).
(b) if there is at least a part of the international application filed on paper and
authority for international search finds that the description does not comply with rule
5.2 (a), may invite the applicant to submit for the purposes of the international
Research statement sequences in paper form, which is in accordance with the
the standard Administrative Directive, if it is not already such a statement
sequences available in paper form in a form and manner which the authority
accepts, whether or not required to submit the statement sequences in
electronic form referred to in paragraph (a), and, where appropriate, within the time limit
set out in the invitation has paid the fee for a late submission, referred to in
paragraph (c).
(c) presentation of the statement of the sequences to the challenge referred to in paragraph (a) or (b)
may be subject to a charge in favour of the authority for international search or
late submission fee, whose amount shall be fixed by the authority for the
international search, but shall not exceed 25% of the international
the application fee referred to in item 1 of the Tariff of fees, without
regardless of the fee for each sheet of the international application in excess of 30
the leaves, with the fact that late submission fee may be required according to the
paragraph (a) or (b), but not both.
(d) if the applicant fails to submit the time limit set in the invitation referred to in
paragraph (a) or (b) the listing and does not pay the desired sequence
fee for the late submission, is the authority for international search
only required to perform a search of the international application to the extent when
a meaningful search can be carried out without the sequence listing.
(e) Any sequence listing, which was not contained in the international application
in its filing, whether the challenge has been submitted in accordance with paragraphs (a) or (b)
or otherwise, shall not form part of the international application, but this
paragraph shall not prevent the applicant so that modified the description with respect to listing
sequences in accordance with article 34 (2) (b).
(f) if the international search authority finds that the description does not comply with
rule 5.2 (b), shall invite the applicant to submit the required correction.
Rule 26.4 shall apply mutatis mutandis for each proposed patch
by the applicant. Authority for international search apply admission passes
the Office and the International Bureau.
13ter. 2
Procedure before the international preliminary examination authority
Rule 13ter .1 shall apply mutatis mutandis to proceedings before the authority for
the international preliminary examination.
13ter. 3
Listing sequences for designated Office
No designated Office may require that the applicant submit other him
listing sequences before listing the sequences, which is in accordance with the standard
the Administrative Directive.
RULE 14
The pass-through fee
14.1.
The pass-through fee
(a) any receiving Office may require that the applicant shall pay the
the adoption fee for the benefit of the international application, pass
copy to the International Bureau and the competent authority for the international
research and performance of all other tasks in the context of the international
the application in its capacity as receiving Office ("pass-through fee").
(b) the amount of any pass-through fee, the Office shall determine the admission.
(c) Pass-through fee must be paid within one month from the date of
receipt of the international application. The amount payable is the amount that is
due to the date of receipt of the international application.
Rule 15
International application fee
15.1.
International application fee
Each international application shall be subject to payment of a fee for the benefit of
The International Bureau ("international fee"), which selects
the Admissions Office.
15.2.
The amount of the fee
(a) the international application fee is listed in the Tariff
fees.
(b) the international application fee is payable in the currency or one of the
currencies prescribed by the receiving Office ("prescribed currency").
(c) where the prescribed currency is Swiss franc, converts the Admissions Office
the fee without delay to the International Bureau in Swiss
francs.
(d) where the prescribed currency is a currency other than the Swiss franc, and this
currency:
(i) is freely convertible on the Swiss franc shall be determined by the Director-General for
each receiving Office which prescribes the payment of the international currency
the application fee, equivalent to the amount of this fee in
prescribed currency in accordance with the instructions of the Assembly. The receiving Office transfers the
the amount in that currency without delay to the International Bureau;
(ii) is not freely convertible on the Swiss franc, the receiving Office
responsible for conversion of an international application fee of
prescribed currency to the Swiss franc and the fee immediately converts
The International Bureau in Swiss francs, the amount referred to in
Tariff of fees. The receiving Office also can recalculate international
application fee from the prescribed currency into euros or us dollars and
convert to the International Bureau without delay, equivalent to the amount of the fee in
euros or us dollars, as referred to in point (i) determine the General
Director in accordance with the instructions of the Assembly.
15.3.
Time limit for payment; the amount payable
International application fee is payable to the receiving Office to
one month from the date of receipt of the international application. The amount payable is
the amount applicable on that date of receipt.
15.4
Return fee
The receiving Office shall refund the international fee to the applicant:
(i) if the findings referred to in article 11 (1) of the negative
(ii) If, before passing an archive copy to the International Bureau
the international application is withdrawn or considered withdrawn, or
(iii) If, having regard to the provisions on national security with
international application not as such.
RULE 16
The search fee
16.1.
The right to ask for a fee
(a) each institution for international examination report may require that the
the applicant has paid the fee in favour of the implementation of
the international search and any other task performance, which is the authority for
international research commissioned under the provisions of the Treaty and the implementing
Regulation ("search fee").
(b) the search fee, the receiving Office selected. Fee is payable in the currency of
prescribed by that Office ("prescribed currency").
(c) where the prescribed currency is a currency in which the international authority
Research has established this fee ("fixed currency"), it converts the admissions
Office of the fee without delay to the authority in that currency.
(d) where the prescribed currency is not the fixed currency and currency:
(i) is freely convertible to a specified currency shall be determined by the Director-General for
each receiving Office which prescribes the payment currency research
the charge, equivalent to the amount of this fee in the prescribed currency in
accordance with the instructions of the Assembly. The receiving Office shall transfer an amount in this currency
international search authority without delay;
(ii) is not freely convertible for a fixed currency, the receiving Office
responsible for the conversion of a retrieval fee from the prescribed currency
Set currency and this fee immediately converts the authority for
international search in the specified currency, in the amount established by the authority for the
the international search;
(e) if upon payment of the prescribed fee in the currency of the CTMA search other than
It is provided for the currency, the amount actually received, pursuant to paragraph (d) (i)
This rule, authority for international search drawn up in the prescribed currency after
Set currency equivalent of less than the amount fixed by the authority, shall pay the
authority for international search the difference by the International Bureau. If there is a
actually received by a greater amount, the difference belongs to the International Bureau.
(f) as regards the time limit for payment of the CTMA search fee and the amount payable,
shall apply mutatis mutandis the provisions of rule 9.5 regarding the international
the application fee.
16.2.
Return fee
The receiving Office shall refund the search fee to the applicant:
(i) if the findings referred to in article 11 (1) of the negative,
(ii) If, before passing the research copy of the authority for
international search the application is withdrawn or considered withdrawn
or
(iii) If, having regard to the provisions relating to national security
with the international application not as such.
10.1
A partial refund of the fee
If the authority for international search taking into account referred to in rule 41.1
the results of an earlier search in carrying out the international search, then this
Returns the search fee authority in connection with the international
the application, to the extent and under the conditions laid down in the agreement in accordance with
Article 16 (3) (b).
RULE 16bis
Extension of time limits for payment of fees
16bis 1
Call the Office of admission
(a) if the receiving Office to maturity according to rules 14.1 (c),
15.3 and 16.1 (f) finds that no fees were paid to it, or that the
the amount paid is insufficient to cover the pass-through fee, the international
the application fee or the CTMA search fee, the receiving Office shall, with
subject to paragraph (d), invite the applicant to pay the amount
required to cover those fees, together with, where applicable, fee
late payment in accordance with Rule 16bis. 2, within the time limit of one month from
data challenges.
(b) cancelled
(c) if the receiving Office has sent to the applicant an invitation under paragraph (a)
and the applicant within the time limit referred to in that paragraph has not paid the full
amount, including any late payment fee under rule
16bis. 2, the receiving Office shall, subject to paragraph (e):
(i) issues the resolution referred to in article 14 (3) and
(ii) be followed under rule 29.
(d) any payment received by the receiving Office before sending challenges
referred to in paragraph (a), shall be deemed to have been received before the expiration of the time limit referred to in
rule 14.1 (c) 15.3, or 16.1 (f).
(e) any payment received by a receiving Office before that Office
shall issue the relevant resolution in accordance with article 14 (3), shall be deemed to have been accepted
before the expiry of the period referred to in paragraph (a).
16bis. 2
Fee for the late payment
(a) the payment of fees in response to an invitation under Rule 16bis. 1 (a)
the receiving Office may, subject to payment of a fee for the late payment in
for its own benefit. The amount of this fee will be:
(i) 50% of the amount of unpaid fees which is specified in the
the call, or
(ii) if the amount calculated under item (i) is less than the forward
the charge, equal to the amount of the fee předávacímu.
(b) the amount of the fee for late payment, however, shall not exceed the amount of 50% of the
international application fee referred to in item 1 of the Tariff
fees, regardless of the fee for each sheet of the international application
in excess of 30 sheets.
Rule 17
Priority document
17.1.
The obligation to submit copy of earlier national or international application
(a) if the applied priority from an earlier national or international
application in accordance with article 8, a copy of the previous application, certified by the authority,
in which it was filed ("the priority document"), if this priority
the document is not already filed with the receiving Office together with the international
the application in which the priority claims, and subject to paragraphs (b) and
(b-bis), be submitted by the applicant to the International Bureau or
the receiving Office not later than 16 months from the priority date, and
a copy of the said earlier application, you will receive
International Bureau after the expiry of that period, it will be deemed to be accepted
This Office on the last day of this period, if it occurs before the date
the international publication of the international application.
(b) where the priority document is issued by a receiving Office, the applicant
You may instead request the receiving authority submitting it to prepare and
forward the priority document to the International Bureau. Request must be made
not later than 16 months from the priority date and the receiving Office shall may
subject to the fee.
(b-bis) If the priority document is, in accordance with Administrative Directive,
available to the International Bureau from a digital library, before the date of
the international publication of the international application, the applicant is
entitled to, instead of the presentation of the priority document, request before the date
the international publication of the International Bureau to obtain the priority
the document of this digital library.
(c) if the requirements of any of the three preceding paragraphs are complied with,
the designated Office may, subject to paragraph (d), disregard the application of the
priorities, saying that no designated Office shall not to disregard the application of the
priorities, without the applicant gave an opportunity to deliver the priority document
within a time limit which shall be reasonable in the circumstances.
(d) No designated Office shall disregard the priority will be to the application by
paragraph (c), if the earlier application referred to in paragraph (a) was
lodged with him as to the national Office or if the priority document is, in
accordance with Administrative Directive, available from a digital library.
17.2
The submission of a copy of the
(a) if the applicant has to satisfy the provisions of rules 17.1 (a), (b) or
(b-bis) the International Bureau shall, at the specific request of the designated Office, promptly
but not before the international publication of the international application, the
a copy of the priority document, that Office. No designated Office shall not
require the submission of a copy of the priority document from the
of the applicant. The applicant may not deliver the translation to the designated Office before the
expiry of the time limit under article 22. If the applicant shall submit to the designated
express request, the authority referred to in article 23 (2) before the international publication of the
of the international application, the International Bureau at the specific request of the designated
a copy of the priority document Office this office immediately after receipt of the
This request.
(b) the International Bureau shall not publish a copy of the priority document before the
the international publication of the international application.
(c) if the international application has been published under article 21,
The International Bureau shall provide a copy of the priority document upon request
each, for the reimbursement of costs, if prior to the publication:
(i) the international application has not been withdrawn, the
(ii) the application of priority under Rule 26bis or 2 (b)
It is considered that priority had not been claimed.
Rule 18
The applicant has
11.2
Residence and citizenship
(a) subject to the provisions of paragraph (b) and (c), the question is whether
the applicant has a residence in the Contracting State of which relies on or is
a citizen of such a Contracting State, a matter of national legislation
This Contracting State and shall be decided by the receiving Office to her.
(b) in any case,
(i) holding the right and effective industrial or commercial businesses in the Contracting
State shall be considered residence in that Contracting State, and
(ii) a legal entity established under the national legislation of a Contracting
the State is considered to be a citizen of that State.
(c) if the international application is filed with the International Bureau as in
the receiving Office, the International Bureau shall request, in the case referred to in
Administrative directive, the national Office of a Contracting State or authority active
for that Contracting State to decide the issue referred to in paragraph (a).
The International Bureau shall inform the applicant of this application. The applicant has
may submit its arguments directly to the national Office. National Office
decide this question without delay.
11.3
cancelled
18.3.
Two or more applicants
If there are two or more applicants, it is possible to file an international
the application form, if at least one of them is entitled to file an international
the application form referred to in article 9.
11.4
Information about the requirements of the national legislation as regards the
of the applicant
(a) cancelled
(b) cancelled
(c) the International Bureau periodically publishes information about the different
National zákonodárstvích, with regard to the question of who is entitled to
(inventor, successor in title of the inventor, owner of the invention, and others)
national application and connects to the warning that the effect of the
international application in each designated State may depend on whether the
person mentioned in the international application as the applicant for that State
is a person who is under the national legislation of that State,
entitled to file a national application.
RULE 19
Competent receiving Office
19.1
Serving the application
(a) subject to the provisions of paragraph (b), the international application shall be served
According to the choice of the applicant,
(i) to the national Office of the Contracting State in which the applicant has a residence,
or at the Office working for this country,
(ii) to the national Office of the Contracting State of which the applicant is a citizen of,
or at the Office working for this country,
(iii) at the International Bureau, regardless of the Contracting State in which the
the applicant is a citizen or a stay.
(b) each Contracting State may agree with another Contracting State or
any intergovernmental organization that the national Office of the second Member State, or
intergovernmental organizations will be in all or in some cases to act on
the site of the national Office of the first State as a receiving Office for
the applicant, who are nationals of the first State, or stay in it.
Regardless of such an agreement with the national Office of the first Member State considers
competent receiving Office for the purposes of article 15 (5).
(c) in respect of any decision pursuant to article 9 (2)
The Assembly of the national Office or intergovernmental organization which will act
as the receiving Office for the filing of the citizens of the States specified by the Assembly,
or the people that reside in them. The appointment requires the prior
the consent of the national Office or intergovernmental organization.
19.2
Two or more applicants:
If there are two or more applicants:
(i) the requirements of rule 19.1 shall be considered to be met if the national Office,
where the international application was filed is the national Office
Contracting State or the law of that Contracting State in which the
at least one of the applicants or of which he is a citizen,
(ii) the international application may be filed with the International Bureau by
rule 19.1 (a) (iii), if at least one of the applicants is obliged to stay in
Contracting State or is a citizen of a State party.
12.0
The publication of the fact of the assignment of the tasks of the receiving Office
(a) a Contracting State which will forward to the tasks of the Office of admission to the national
the Office of another Contracting State or the intergovernmental organization shall notify any
the agreement concluded in accordance with rule 19.1 (b) without undue delay
To the International Bureau.
(b) the International Bureau shall publish such notification without undue delay in
Journal.
12.1
Transmission to the International Bureau as receiving Office
(a) in the case where the international application is filed with the national Office,
which is active as a receiving Office under the Treaty but
(i) the receiving Office is not authorized under rule 19.1 or 19.2
accept this international application or
(ii) the international application is not in a language accepted under rule
12.1 (a), for this national Office but is in a language accepted by this
rules for the International Bureau as receiving Office, or
(iii) that national Office and the International Bureau agree, for reasons other
than those referred to in paragraphs (i) and (ii), and with the approval of the applicant,
the procedure under this rule may apply,
the international application shall be considered, subject to paragraph (b) to have been received
by that Office on behalf of the International Bureau as receiving Office
in accordance with rule 19.1 (a) (iii).
(b) in the case where pursuant to paragraph (a) the international application is received
National Office on behalf of the International Bureau as receiving the active
Office under rule 19.1 (a) (iii), shall transmit it without delay to the national Office,
unless the provisions relating to national security,
To the International Bureau. The national Office may require for this pass
the payment, for your benefit, of a fee that is equal to předávacímu
the fee fixed by the Office under rule 14. Thus passed
the international application shall be deemed to have been received by the International Bureau
active as a reception office in accordance with rule 19.1 (a) (iii) the date on which the
adopted by the national authority.
(c) For the purposes of rules 14.1 (c), 15.3 and 16.1 (f), if the international
application forwarded to the International Bureau under paragraph (b), the date
receipt of the international application considered to be the date on which the international
the application actually received by the International Bureau. For the purposes of this
the paragraph does not apply the last sentence of paragraph (b).
RULE 20
International filing date
12.5
The determination under article 11 (1)
(a) Without delay after receipt of the documents, which are intended
international application, the receiving Office shall determine whether the documents
meet the requirements of article 11 (1).
(b) For the purposes of article 11 (1) (iii) (c) suffice it to name of the applicant
so, in order to determine his identity, even where, if the name is spelled
misspelled, the given names not mentioned in full or, in the case of
legal persons, it is referred to in short name or is incomplete.
(c) For the purposes of article 11 (1) (ii), it shall be sufficient that the part which can be considered
for the description (excluding the sequence listing part thereof) and the part which can be
be considered to be a claim or claims, was permitted in the language of the receiving
Office under rule 12.1 (a).
(d) if the date 1. October 1997, paragraph (c) is not compatible with the
the national legislation of the receiving Office, paragraph (c)
This does not apply to the receiving Office, as long as the incompatibility with
law persist, provided that the said Office shall notify the
To the International Bureau until 31 December 2006. December 1997. The notification will be received
The International Bureau without delay, published in the journal.
20.2
Affirmative determination under article 11 (1)
(a) if the receiving Office determines that, at the time of the adoption of the documents which
are the intended the international application, the requirements of article 11 (1)
the receiving authority recognised by the met, the date of receipt of the international application as
the international filing date.
(b) the receiving Office shall stamp the request marks the international application that
has awarded the international filing date, as set out
Administrative directive. Copy, whose application was stamped as follows
marked, is the archival copy of the international application.
(c) the receiving Office shall notify the applicant without delay a number of international
application and the international filing date. He shall also send to the international
a variety of a copy of a communication from the applicant, unless it has already been sent
or is sent to the International Bureau at the same time the archive copy of the score from
rules 22.1 (a).
12.6
Defects under article 11 (1)
(a) when determining whether documents that are intended
the international application comply with the requirements of article 11 (1) the receiving Office
It finds that some of the requirements of article 11 (1) are not complied with, or appear to
be unmet, the admissions zxad without delay, shall invite the applicant to
applicant shall, at its option:
(i) submit the required correction under article 11 (2); or
(ii) if the relevant requirements are those relating to an element
referred to in article 11 (1)
(iii) (d) or (e), confirmed in accordance with rule 20.6 (a) that the element is
incorporated by reference under rule 4.18;
and has raised objections, if any, within a reasonable time in accordance with rule
12.9. If this time limit expires after the expiration of 12 months from the date of
any application from which priority is claimed, the receiving Office
notifies the applicant of this fact.
(b) If, on the basis of calls referred to in paragraph (a) or otherwise:
(i) the applicant shall submit to the receiving Office the required correction under
Article 11 (2) after the date of receipt of the international application, but intended to
at a later date than the date falling within a reasonable period in accordance with
the receiving Office rule 20.7, must recognize such later date for
the international filing date and will follow rules 20.2 (b), and
(c);
(ii) an element referred to in article 11 (1) (iii) (d) or (e) is, under rule
12.8 (b), considered to be contained in the international application on the date on
which one or more elements referred to in article 11 (1) (iii)
for the first time accepted the receiving Office, the receiving Office must then recognize as
international filing date the date on which all
the requirements of article 11 (1) and will follow rules 20.2 (b) and (c).
(c) if the receiving Office later discovers, or on the basis of the answers
the applicant that he erred in issuing the invitation referred to in paragraph (a), because
the requirements of article 11 (1) have been complied with already upon receipt of documents, the
proceed under rule 20.2.
12.7
Negative findings made pursuant to article 11 (1)
If the receiving Office does not receive in the course of a reasonable period in accordance with
rule 20.7 correction or confirmation referred to in rule 20.3 (a), or in
If the correction or confirmation has been received but the application still
does not meet the requirements of article 11 (1), then the receiving Office:
(i) it shall immediately inform the applicant that the application is not and will not
treated as an international application and shall indicate the reasons for this;
(ii) notify the International Bureau that the number marked on the written pleadings shall be
does not apply as the number of the international application;
(iii) it shall retain the documents making up the international application and the intended
all correspondence that relates to it, within the meaning of rule 93.1; and
(iv) send a copy of those documents to the International Bureau, in the case
on the basis of the request of the applicant in accordance with article 25 (1) of the international
the authority a copy of such needs and explicitly asks about her.
12.7
Missing parts
(a) in determining whether a document intended to be an international
the application comply with the requirements of article 11 (1), the receiving Office finds that
part of the description, claims or drawings are missing, or appear as missing,
including the case where all of the drawings are missing, or appear as missing,
but not including the case where an entire element referred to in article
11 (1) (iii) (d) or (e) is missing or appears to be missing, then prompts you without
delay of the applicant that, in the choice of the applicant:
(i) the international application to the delivery of the intended to supplement the missing part;
or
(ii) confirm in accordance with rule 20.6 (and) that this part was
incorporated by reference under rule 4.18;
and has raised objections, if any, within a reasonable period of time according to the
rule 20.7. If this time limit expires after the expiration of 12 months from the date of
the submission of any application whose priority is claimed, the receiving
the applicant notifies to this fact.
(b) If, on the basis of calls referred to in paragraph (a) or otherwise, shall submit to the
the applicant receiving Office on the date or before the date on which they are
met all of the requirements of article 11 (1) but within a reasonable time in accordance with
rule 20.7, a missing part referred to in paragraph (a), to supplement the
the international application, that part will be included in the application and admissions
the Office shall recognize as the international filing date the date on which they are
fulfilled all the requirements of article 11 (1), and will follow the
rule 20.2 (b) and (c).
(c) If, on the basis of the invitation referred to in paragraph (a) or otherwise, shall submit to the
the applicant receiving Office after the date on which they were satisfied
all of the requirements of article 11 (1) but in a reasonable time in accordance with rule
20.7, a missing part referred to in paragraph (a), to supplement the international
This section will be included in the application, and the receiving Office shall correct
the date of the international application on the date on which the receiving Office has received
This part, shall notify the applicant accordingly and shall proceed,
as stated in the Administrative Directive.
(d) If, on the basis of the invitation referred to in paragraph (a) or otherwise, is part of the
referred to in paragraph (a) is considered in accordance with rule 20.6 (b) contained in the
the envisaged international application on the date on which one or more
the elements referred to in article 11 (1) (iii) were first accepted by the receiving
the Office shall recognize the receiving Office as the date of the international filing date, to
which are all the requirements of article 11 (1), and will proceed
under rule 20.2 (b) and (c).
(e) where the international filing date has been corrected under paragraph (c),
the applicant may in the notice submitted to the receiving Office within the time limit
one month from the date of the notification under paragraph (c) to require that
the appropriate missing part was not the gateway to consciousness, and in this case
missing part will be considered to nedodanou and fix the date of the international
Administration pursuant to this paragraph shall not be deemed made and
the Admissions Office will proceed as indicated in the Administrative
directive.
12.8
Confirmation of incorporation by reference of elements and parts
(a) the applicant may submit to the receiving Office within a reasonable time
under rule 20.7, a written statement confirming that the element or part
are using the link incorporated in the international application referred to in
rule 4.18, accompanied by:
(i) a sheet or sheets comprising the entire element as contained in the earlier
application or forming part of the question;
(ii) in the case where the applicant already has not complied with rule 17.1 (a), (b)
or (b-bis) in relation to the priority document, a copy of the previous application,
as filed;
(iii) in the case where the earlier application is not in the language in which it is
international application is filed, a translation of the previous application in this
language or, where a translation of the international application is required under
rules 12.3 or 12.4 (a), a translation of the previous application as to
the language in which the international application is filed as the language of this
the translation; and
(iv) in the case of parts of the description, claims or drawings, an indication of where the
part contained in the earlier application and, where applicable, in
any translation referred to in item (iii).
(b) in the event that the receiving Office finds that the requirements of rules 4.18 and
paragraph (a) have been complied with and that the element or part referred to in
paragraph (a) is completely contained in the earlier application, it will be
that element or part shall be deemed included in the envisaged international
the application on the date on which one or more of the element referred to in article
11 (1) (iii) the receiving Office were first admitted.
(c) if the receiving Office finds that a requirement under rule
4.18 and paragraph (a) has not been fulfilled, or that the element or part referred to in
paragraph (a) is not completely contained in the earlier application, it will be
the receiving Office shall proceed in accordance with rule 20.3 (b) (i), 12.7 (b), or
12.7 (c), as appropriate.
12.9
The time limit
(a) a reasonable period, to which reference is made in the rules 20.3 (a) and (b),
20.4, 20.5 (a), (b) and (c), and 12.8 (and) will be:
(i) two months from the date of the challenge, if the applicant has been sent to the challenge
in accordance with rule 20.3 or 20.5 (a), depending on the circumstances;
(ii) two months from the date on which one or more elements referred to in article
11 (1) (iii) the receiving Office were first adopted, if not
the applicant sent no such challenge.
(b) If the receiving Office does not receive a correction under article 11 (2), or
communication in accordance with rule 20.6 (a) confirming the inclusion of the element referred to in
Article 11 (1) (iii) (d) or (e) a reference before the expiry of the relevant period
referred to in paragraph (a), such repair or communication received this
the receiving Office after the expiration of this time limit, but before sending the notification
to the applicant under rule 20.4 (i), shall be deemed to have been delivered in the
part of that relevant period.
12.9
Incompatibility with the national law
(a) If on the date of 5. October 2005 is not any of the rules
20.3 (a) (ii) and (b) (ii), 20.5 (a) (ii) and (d), and 20.6 are compatible with the national
legislation of the receiving Office, the rules concerned shall not apply to
international application filed with that receiving Office, if the
incompatibility with this legislation to proceed, provided that the
referred to the authority shall notify the International Bureau of up to 5. April 2006. Incoming
the notification will be published as soon as the International Bureau in the Gazette.
(a-bis) Where a missing element or part cannot be incorporated
by reference to the international application under rules 4.18 and 20.6 because of
the scope of paragraph (a) of this rule, the receiving Office will be
proceed as provided in rule 20.3 (b) (i), 12.7 (b), or
12.7 (c), as appropriate. If the receiving Office shall proceed as
provided for in rule 20.5 (c), the applicant may proceed as
provided for in rule 20.5 (e).
(b) if the date of 5. October 2005 is not any of the rules
20.3 (a) (ii) and (b) (ii), 20.5 (a) (ii) and (d), and 20.6 are compatible with the national
the activities of the designated Office, the rules concerned shall not be used
given this authority on the international application, in which they were made
before that the authority acts in accordance with article 22, if the incompatibility with
This legislation continue, provided that the said Office
shall notify the International Bureau of up to 5. April 2006. The notification will be received immediately
Published by the International Bureau in the Gazette.
(c) where the element or part incorporated by reference are considered to
international applications based on the findings of the receiving Office in accordance with
rules 17.1 (b) However, such incorporation by reference does not apply to
the international application for the purposes of the procedure before the designated Office as a result of
the scope of paragraph (b) of this rule, a designated Office may discuss
the application as if the international filing date has been recognised in accordance with
rule 20.3 (b) (i) or 12.7 (b), or corrected under rule 20.5 (c),
According to the case, with the understanding that rule 82ter. l (c) and (d) shall apply
adequately.
Rule 21
Preparation of copy
13.1
The responsibility of the receiving Office
(a) if the international application according to the rules in one single
copy, the receiving Office is responsible for the preparation of the receiving
copy and retrieval copies referred to in article 12 (1).
(b) if the international application according to the rules in two
copies, the receiving Office shall be responsible for preparing of admission
copy.
(c) if the international application is filed in less than the number of copies
prescribed by rule 11.1 (b), the receiving Office is responsible for preparing the
the required number of copies without undue delay and the right to establish
the fee for this action and select it from the applicant.
13.2
Certified copy for the applicant
Against payment of a fee, the receiving Office shall deliver to the applicant on request
a certified copy of the international application as filed and of any corrections to it.
Rule 22
Transfer to an archival copy and translation
13.7
Procedure
(a) if the findings referred to in article 11 (1) positive and the regulations on the international
safety do not exclude consideration of the international application as such,
the receiving Office shall transmit the archive copy to the International Bureau. This is
executes as soon as the international application, or if you need to
review from the perspective of the interests of national security, immediately after the necessary
the clarification. In any case, the receiving Office must, however, pass the archive
copy to the International Bureau before the expiration of 13 months
from the date of priority. In order to pass the post Office of admissions shall occur
archive copy to post no later than five days prior to the
the expiration of 13 months from the date of priority.
(b) if the International Bureau has received a copy of the communication under rule 20.2 (c),
However, after the expiration of 13 months from the date of priority, does not yet have the archive
copy, the receiving Office shall forward upomene archive copy without
undue delay.
(c) if the International Bureau has received a copy of the communication under rule 20.2 (c),
However, after the expiration of 14 months from the priority date is not yet archived
the copies, it shall inform the applicant and the receiving Office.
(d) after the expiration of 14 months from the date of priority, the applicant may request
the receiving Office to verify the copy of the international application as
filed and can send a certified copy to the International Bureau.
(e) the verification referred to in paragraph (d) is free, and you can refuse from only
for these reasons:
(i) a copy of the verification was requested, the receiving Office does not match the
international application as filed;
(ii) provisions concerning national security prevent the international discussion
of the application as such;
(iii) the receiving Office has already transmitted the archive copy to the International Bureau
and this Office has informed you that it is received.
(f) if the International Bureau has not received a copy of the archive, or until you
does not receive a certified copy shall be considered in accordance with paragraph (e), which has
The International Bureau, for the archival copy.
(g) If, at the expiry of the relevant period referred to in article 22
the applicant performs the acts referred to in that article but the designated Office
from the International Bureau does not get the message that there was an archive
copies the specified Office shall notify the International Bureau. If
The International Bureau does not have archive copy, it shall, without undue
delay to the applicant and the receiving Office unless it has already made in accordance with
paragraph (c).
(h) where the international application be published, in the language of the translation
supplied under rule 12.3 or 12.4, that translation shall be passed
the receiving Office to the International Bureau together with the archived copy
referred to in paragraph (a) or, if the receiving Office has already transmitted the archive
copy to the International Bureau pursuant to this paragraph, immediately after the adoption of the
translation.
13.8
cancelled
13.9
The time limit referred to in article 12 (3)
The time limit referred to in article 12 (3) is three months from the date of the communication, which
The International Bureau has sent to the applicant under rule 22.1 (c) or
(g).
RULE 23
The handover of the CTMA search copy, translation and sequence listing
14.4
Procedure
(a) does not require the translation of the international application under rule
12.3 (a), the receiving Office shall transmit the search copy of the authority for
the international search by the same date, when it passes the archive copy
The International Bureau, if the search fee has been paid. In the opposite
If the search copy is transmitted immediately after the payment of a retrieval
of the fee.
(b) where a translation of the international application is submitted in accordance with rule
12.3, a copy of the translation and of the request, which together shall be considered to be the search
the copies referred to in article 12 (1), shall transmit to the receiving authority the authority for
the international search if the search fee has been paid. In the opposite
If a copy of the translation and of the request passes immediately after payment of the CTMA search
of the fee.
(c) any sequence listing in electronic form, which is submitted for
the purposes of Rule 13ter but the receiving Office instead of the authority for
international search, that authority shall transmit immediately to the authority.
Rule 24
Archive copy of the receipt by the International Bureau
15.0
cancelled
24.2.
Notification of acceptance of an archive copy
(a) the International Bureau shall immediately notify:
(i) the applicant,
(ii) the receiving Office, and
(iii) authority for international search (if this has not notified
The International Bureau that it wishes not to be so notified),
the fact and date of receipt of an archive copy. The notification shall be
identified by the international application number, international filing date and the
on behalf of the applicant and must include the date of filing of the previous application,
whose priority is claimed. The notification sent to the applicant will also be
contain a list of the designated offices and, in the case of the determination of the authority, which is
responsible for granting regional patents, of the Contracting States list
designated for such regional patent.
(b) cancelled
(c) If a copy of the archive was adopted after expiry of the period referred to
in rule 22.3, the International Bureau shall promptly notify the applicant
the Admissions Office and the authority for international search.
RULE 25
To receive a copy of the CTMA search authority for international search
15.6
Notice of receipt of the CTMA search copy
Authority for international search shall, without undue delay,
The International Bureau, the applicant, and where the authority for international
a search is not identical with the receiving Office, the receiving Office that also
the search copy has occurred and the date it occurred.
RULE 26
Review and correction of certain parts of the international application, the receiving
by the Office
16.2
You are prompted to perform the repairs in accordance with article 14 (1) (b)
The receiving Office shall issue the invitation to correct under article 2 (l) (b)
soon as possible, preferably within one month from the date on which the international
the application has run out. In the invitation by the receiving Office shall invite the applicant to
the submission of the required repairs and provide the applicant an opportunity to
raise objections within the time limit under rule 26.2.
16.3
The deadline to make corrections
The time limit referred to in rule 26.1 is two months from the date of the invitation to correct. Before
the release of the decision of the receiving Office at any time it may be renewed.
26.2 bis
Review of the requirements referred to in article 14 (1) (a) (i) and (ii)
(a) for the purposes of article 14 (1) (a) (i), if there is more than one applicant,
will be sufficient when the request shall be signed by one of them.
(b) For the purposes of article 14 (1) (a) (ii), if there is more than one applicant,
will be sufficient when the data required will be listed according to the rules
4.5 (a) (ii) and (iii) with regard to one of them who is entitled according to
rule 19.1 to submit an international application with the receiving Office.
16.3
Review the requirements for the outer form referred to in article 14 (1) (a) (v)
(a) if the international application is filed in a language of publication, the receiving
the Office shall examine:
(i) the international application having regard to the requirements for the presentation by
rule 11 only to the extent necessary in the interests of adequate consistency
international publication;
(ii) any translation submitted under rules 12.3 with regard to
the requirements referred to in rule 11 only to the extent necessary in the interest of good
reproduction.
(b) if the international application is filed in a language which is not a language
publication, the receiving Office shall examine:
(i) the international application with respect to external adjustment under rule 11
only to the extent necessary in the interest of good reproduction;
(ii) any translation submitted under rule 12.3 or 12.4 and drawings with
regard to the fulfilment of the requirements referred to in rule 11 to the extent
to the extent necessary for the purpose of reasonable uniformity of international publication.
26.3 bis
The challenge under article 14 (1) (b) to correct the deficiencies under rule 11
The receiving Office may not issue the invitation under article 14 (1) (b) to correct the
deficiencies under rule 11, if the requirements for the presentation
referred to in that rule are complied with to the extent the requirements referred to in
Rule 26.3.
26.3 ter
You are prompted to correct the deficiencies in accordance with article 3 (4) (i)
(a) if the annotation, or text on the drawings submitted in a language
other than the language of the description and the claims, the receiving Office shall, unless
(i) a translation of the international application is required under rule 12.3 (a)
or
(ii) the annotation, or text on the drawings is in the language in which the
the international application is published,
shall invite the applicant to submit a translation, annotation, or text on the
the drawings into the language in which the international application will be published.
Rules 26.1, 26.2, 26.3, 26.3 bis, 26.5 and 29.1 shall apply mutatis mutandis.
(b) if the date 1. October 1997, paragraph (a) is not compatible with the
the national legislation of the receiving Office, paragraph (a) will not be used
for this, the Office will be receiving an incompatibility with this
legislation to continue and if this Office shall notify the international
the Office until 31 December 2006. December 1997. Incoming notifications will be immediately published in the
Journal.
(c) if the application is not in accordance with rule 12.1 (c), the receiving Office
shall invite the applicant to submit a translation, which is in accordance with this
the rule of thumb. Rule 3, 26.1, 26.2, 26.5 and 29.1 shall apply mutatis mutandis.
(d) if the date 1. October 1997, paragraph (c) is not compatible with the
the national legislation of the receiving Office, paragraph (c) will not be used
for this, the Office will be receiving an incompatibility with this
legislation to continue and if this Office shall notify the international
the Office until 31 December 2006. December 1997. Incoming notifications will be immediately published in the
Journal.
16.4
Procedure
Fix an application made to a receiving Office may be notified in a letter
addressed to that Office if the correction is of such a nature that it can be
transferred from the letter to the request without adversely affecting the
clarity and the possibility of direct reproduction of the worksheet on which you want to
fix transfer; in another case, and in the case of repair of any element
the international application other than the request, the applicant is required to
submit a replacement sheet made to repair and cover letter to
replacement sheet highlighted the differences between the original and the replacement sheet.
16.5
The decision of the receiving Office
The receiving Office shall decide whether the applicant has submitted the correction within a reasonable
the time limit under rule 26.2, and, if the correction has been submitted within the time limit, whether as follows
corrected international application is considered withdrawn, or
not, and the international application will not be considered
have been withdrawn for failure to comply with requirements for the external adjustment in accordance with the rules
11 if it complies with those requirements to the extent necessary for the zhely
reasonable uniformity of international publication.
RULE 26bis
Fix or additional application priorities
26bis. 1
Fix or additional application priorities
(a) the applicant may correct or additionally apply priority
by a notice submitted to the receiving Office or the International Bureau, in
the time limit of 16 months from the priority date or, in the case that the repair or
supplement the application of priority will result in a change in the priority date,
16 months from the priority date of the modified as follows, depending on which of the
16měsíční period expire earlier, provided that such a notification may
be submitted no later than four months from the international filing date.
Fix application priorities may include the addition of any information
referred to in rule 4.10.
(a) the applicant may correct or add a priority application
the application of the notification submitted in the request priority admission Office
or to the International Bureau within a time limit of 16 months from the priority date or, in the
If this correction or completion priority will result in
change your priorities, 16 months from the priority date under the amended as follows
šestnáctiměsíční of the time limit elapses before, with the condition that the
such notification may be submitted within four months from the date of
the international administration. Fix application priorities may include adding
any of the information referred to in rule 4.10.
(b) any notice referred to in paragraph (a) received by the receiving Office, or
International Bureau after the applicant has asked for an earlier
publication in accordance with article 21 (2) (b) will be considered non-deposited,
unless the request was withdrawn before completion of technical preparations
for international publication.
(c) if the correction or additional application priority date change
priorities, each period is calculated from the earlier of the date of
priorities and which has not yet expired, will be counted from the date of priority
Thus modified.
26bis. 2
Shortcomings in the plays with the priorities of the
(a) if the receiving Office or, if the receiving Office fails to,
International Bureau finds in connection with the application of priorities:
(i) that the international application has an international filing date which is
later than the date on which the priority period expired and that a request for
the return of the right of priority under Rule 26bis .3 has not been submitted;
(ii) that the application does not meet the requirements of rule 4.10 priority; or
(iii) that any indication in a priority application is inconsistent with the corresponding
an indication in the priority document;
then the receiving Office or the International Bureau, as the case, it shall invite the
the applicant to correct the data in claimed priority. In the case referred
under point (i), if the international filing date is within two months from the
the date on which the priority period expired, the receiving Office or the
The International Bureau, as appropriate, shall inform the applicant of the possibility of
submit a request for the return of the right of priority in accordance with rule
26bis .3, unless the receiving Office has informed the International Bureau under
Rule 26bis. 3 (j) of the incompatibility of Rule 26bis .3 (a) to (i)
the national law of that Office.
(b) if the applicant before the expiry of the deadline referred to in
Rule 26bis (a) fails to submit a notice correcting the priority application,
This will be the application of priority, subject to paragraph (c), for the purposes of the proceedings
under the Treaty, considered a failure ("considered void") and the
the receiving Office or the International Bureau, as the case, about issues
resolution and shall notify the applicant. Each notification to correct
the application of priority by a receiving Office received, or the International Bureau,
According to the case, before the release of the resolution and not later than one month after
This period will be considered to be received before the expiry of this
the time limits.
(c) the application of priority will not be considered void only because:
(i) the missing indication of the number of the previous application referred to in rule
4.10 (a) (ii);
(ii) an indication in the priority application is inconsistent with the corresponding indication on the
priority document; or
(iii) the international application has an international filing date which is
later than the date on which the priority period expired, with the date
the international administration is in a period of two months from that date.
(d) where the receiving Office or the International Bureau issued the resolution by
paragraph (b) or if the application of priority was not considered to
invalid only because of paragraph (c), the International Bureau
publish, together with the international application, a notification concerning the application of
the priorities, as set out in Administrative Directive, as well as
any information regarding the application of priorities submitted to the
by the applicant, the International Bureau received before the termination of
technical preparations for international publication. Such information will be
contained in the referral under article 20 where the international application is not
published for the reason referred to in article 64 (3).
(e) if the applicant wishes to correct or supplement the application
priorities, but the time limit under Rule 26bis .1 has expired, the applicant may
before the expiration of 30 months from the priority date and, upon payment of the Special
the fee, the amount of which is determined by an administrative directive, request
The International Bureau to publish information concerning the matter
and the International Bureau shall publish such information without delay.
26bis. 3
The right of priority by a receiving Office recovery
(a) if the international application has an international filing date which
is later than the date on which the priority period expired, but is within the
period of two months from that date, at the request of the applicant, and with the
subject to paragraphs (b) to (g) of this rule, the receiving Office shall return
the right of priority if the Office finds that a criterion applied by it ("criterion
to return ") is met, and that the omission to submit an international application
in the priority period:
(i) occurred despite the fact that proper care was taken to the required
circumstances; or
(ii) was unintentional.
Each receiving Office shall apply at least one of these criteria and
It can use both of these criteria.
(b) the request referred to in paragraph (a) must:
(i) be filed with the receiving Office, within the prescribed period referred to in paragraph
(e);
(ii) state the reasons for the omission to submit the international application within the priority
period of time; and
(iii) preferably be accompanied by any declaration or other
evidence required pursuant to paragraph (f).
(c) if it is not applying the priorities in relation to the earlier application in the
international application, the applicant must submit are contained in
the prescribed period referred to in paragraph (e) the notification referred to in Rule 26bis. l (a)
additional application priorities.
(d) the submission of a request under paragraph (a), the receiving Office may be
subject to payment of a fee, for its own benefit, for the required
the return of rights, payable in the prescribed period referred to in paragraph (e). The amount of the
of this fee, if any, shall be fixed by a receiving Office.
(d) the submission of a request under paragraph (a) may be subject to the payment of
the fee for the application for return in favour of receiving Office, payable
within the time limit specified pursuant to paragraph (e). The amount of this fee, if the
required, the receiving Office is established. The time limit for payment of the fee
may be extended at the discretion of the receiving Office, for a period which
shall not exceed two months from the expiry of the period specified pursuant to paragraph (e).
(e) the time limit referred to in paragraphs (b) (i), (c) and (d) is two months from the date of
to which the priority period expired, provided that, where the applicant
requests the earlier publication pursuant to article 21 (2) (b), after they have been
completed technical preparations for international publication, considered
any application submitted under paragraph (a) or a notification under
paragraph (c), or any fee referred to in paragraph (d)
America's ill-advised or unpaid in due time.
(f) the receiving Office may require that a declaration or other evidence
supporting the communication of the reasons referred to in paragraph (b) (iii) were
submitted within the time-limit appropriate to the circumstances. The applicant may deliver
To the International Bureau a copy of such declaration or other evidence
application to the receiving Office, and in this case, the International Bureau
includes the copy in their files.
(g) the receiving Office shall not refuse, totally or in part, a request under
paragraph (a) without giving the applicant the opportunity to
reservations for the intended refusal within a time limit reasonable in the circumstances. Such
notification of intended refusal may be sent to the Office of admissions
to the applicant together with an invitation to submit a declaration or other evidence
referred to in paragraph (f).
(h) the receiving Office shall, without delay:
(i) the International Bureau shall notify the receipt of the request referred to in paragraph (a);
(ii) shall make the decision on the application;
(iii) shall communicate to the applicant and the International Bureau of its decision and
criteria for the return of the law on which the decision was based.
(i) each receiving Office shall inform the International Bureau which
criteria for the return of rights to it, and any of the following
Amendment of this concern. The International Bureau shall publish these
information in the Gazette without delay.
(j) If, at the date of 5. October 2005 there are paragraphs (a) to (i) compatible
with the national legislation of the receiving Office, those paragraphs
because of this Office do not apply, so long as the
incompatibility with this legislation to proceed, provided that the
referred to the authority shall notify the International Bureau of up to 5. April 2006. Incoming
the notification will be published as soon as the International Bureau in the Gazette.
RULE 27
Non-payment of fees
27.1
Fees
(a) for the purposes of article 14 (3) (a), the term "fees prescribed in article
3 (4) (iv) "means: a pass-through fee (rule 14), the international
application fee (rule 15.1), the search fee (rule 16)
and, if required, the late payment fee (Rule 16bis. 2).
(b) For the purposes of article 14 (3) (a) and (b) "fee prescribed pursuant to article
4 (2) "means the international fee (rule 15.1) and,
If required, the late payment fee (Rule 16bis. 2).
RULE 28
The deficiencies found by the International Bureau
17.5
Certain deficiencies
(a) if in the opinion of the International Bureau of the international application
any of the deficiencies referred to in article 14 (1) (a) (i), (ii) or (v),
The International Bureau will notify the Admissions Office to them.
(b) the receiving Office shall proceed in accordance with article 14 (1) (b) and rule 26,
unless this opinion does not match.
RULE 29
Of the international application, which are considered to be taken back
18.1
The finding of the receiving Office
If the receiving authority shall issue an order referred to in article 2 (l) (b) and rule
16.5 (omissions, corrections to certain deficiencies) or article 14 (3) (a)
(failure to pay the prescribed fees under rule 27.1 (a)), or by
Article 14 (4) (later finding out that have not been met the requirements referred to in
paragraphs (i) to (iii) of article 11 (1)), or under rule 12.3 (d), or
7.7 (d) (non-delivery of the required translation or, where applicable, the non-payment
late submission fee), or under rule 92.4 (g) (i)
(failure to deliver the original of a document), that the international application is considered
deemed to have lapsed:
(i) passes the archive copy (if it was passed), and each
the fix proposed by the applicant the International Bureau;
(ii) the receiving Office shall immediately notify this resolution as the applicant,
The International Bureau, and the International Bureau shall notify each designated
the State, which has already been notified of its designation;
(iii) does not pass the search copy in accordance with rule 23 and if this
copy already transmitted, it shall notify the authority for international search your
resolution;
(iv) the International Bureau shall notify the applicant that does not have an archive
copy;
(v) international publication of the international application shall not apply, if
notice of the resolution passed by the receiving authority will
To the International Bureau before the technical preparations are completed
the international publication.
18.1
cancelled
18.2
The Office of admission to a specific warning of the fact
To the International Bureau or authority for international search for it, it would
the Admissions Office had to decide in accordance with article 14 (4), notifies the receiving
the Office of the relevant facts.
18.3
Notification of the intention to issue a resolution in accordance with article 14 (4)
(a) before the receiving Office shall issue the resolution referred to in article 14 (4), shall notify the
the applicant of its intention, stating the reasons. If the applicant does not agree with the
the intention of the receiving Office may submit objections against him within two
months of the notification.
(b) where the receiving Office intends to issue a resolution in accordance with article 14 (4)
regarding the elements referred to in article 11 (1) (iii) (d) or (e), the receiving
Office in the notification referred to in paragraph (a) of this rule, invite the
the applicant, in accordance with rule 20.6 (a) confirmed that this
relevance is incorporated by reference under rule 4.18. For the purposes of the rules
12.9 (a) (i) the challenge sent to the applicant under this paragraph
considered a challenge under rule 20.3 (a) (ii).
(c) paragraph (b) does not apply if the Admissions Office has informed the International
Office in accordance with rule 12.9 (a) on the incompatibility of the rules
20.3 (a) (ii) and (b) (ii), and 20.6 with the national law
applied by the receiving Office.
RULE 30
The time limit referred to in article 14 (4)
18.7
The time limit
The time limit referred to in article 14 (4) shall be four months from the date of the international
Administration.
Rule 31
Copies required under article 13
19.3
Request a copy of the
(a) the request pursuant to the provisions of article 13 (1) cover either all
international applications, or a certain type of international applications
or individual international applications in which has been designated by the
the national Office of that request. The request, which apply to all
international applications or certain of their species, the annual
renewing the announcement that national Office will send to the International Bureau before the
30 November of the previous year.
(b) applications under article 13 (2) (b) shall be subject to the fee, which covers the
acquisition cost and send the copy.
19.4
Preparation of copy
For the preparation of copies requested in accordance with article 13 corresponds to International
the Office.
RULE 32
Extension of effects of international application to certain successor States
19.9
The extension of international application to successor State
(a) the effects of the international application, the international filing date of which
within the period defined in paragraph (b), are extended to the State
("the successor State") whose territory was, before the independence of that State,
part of the territory of a Contracting State designated in the international application, which
subsequently ceased to exist ("previous state"), provided that the
the successor State became a Contracting State on the basis of the Declaration of
the sequel, deposited with the Director-General, whose effect is that
the contract is applied to the successor State.
(b) the period referred to in paragraph (a) shall begin on the day following the last
the date the existence of the previous state and ends two months after the date of
the Declaration referred to in paragraph (a) is notified by the Director General to the Governments
Member States of the Paris Convention for the protection of industrial property.
However, if the date of independence of the successor State as from the date
the day following the last day of the existence of the previous state, then
the successor State may declare that the said period starts on the date of its
independence; such a statement is made together with the Declaration referred to
in paragraph (a), and must be accurately set out the date of independence.
(c) information about the international application whose filing date falls within the
the relevant period referred to in paragraph (b) and whose effect is extended to the
the successor State shall be published by the International Bureau in the Gazette.
20.0
Effects of extension to successor State
(a) where the effects of the international application extended to the successor State
in accordance with rule 32.1,
(i) the successor State shall be considered as State designated in the international application
and
(ii) the applicable time limit under article 22 or 39 (1) in relation to this
the State will be extended until the expiration of at least six months from the date of
disclosure of information in accordance with rule 32.1, (c).
(b) the successor State may fix a time limit which expires later than the
the time limit referred to in paragraph (a) (ii). The International Bureau shall publish the information on the
such time limits in the Gazette.
RULE 32bis
the deletion of the
RULE 33
Relevant known state of the art for the international search
33.1
Relevant known state of the art for the international search
(a) for the purposes of article 15 (2), the relevant State of the art known all
What was made available to the public anywhere in the world in the written
the materials (including drawings and other illustrations) and what can help
determine whether the logged-on invention is or is not new and that it contains
creative solutions (i.e., whether it is or is not obvious), provided that the
a disclosure occurred prior to the international filing date.
(b) refers to written material on oral communication, use, demonstrate
or any other method by which the content of the written material made available to the
the public, if such disclosure prior to the date of the international
Administration, in a report on international research indicated this fact
individually and separately, by specifying the date on which this occurred, if
disclosure of written material to the public occurred on the date that is
same or later than the date of the international administration.
(c) any published application or patent, the date of publication of the
the same as or later than the date of filing, or, where appropriate, the date of the redeemed
the priority date is earlier than the international filing of international
application which is the subject of research, and which would have belonged to the
the relevant known prior art for the purposes of article 15 (2) the publication of the
before the date of the international administration, will be listed in the report on the international
Search separately.
20.6
Scopes, which has an international research include
(a) the international search will encompass all technical disciplines, and performs the
the basis of all search files, which may contain materials
relating to the invention.
(b) a search shall be carried out not only in the scope in which you can classify the invention,
But even in analogous fields, regardless of their classification.
(c) the question of which in the present case can be considered as an analogue,
assess in terms of anticipated substantial features of the invention or its
usage, and not only in terms of its specific features listed
explicitly in the international application.
(d) the international search will include everything that is widely recognised as
equivalent to the subject matter of the invention, logged-in with respect to all or
some of his characters, even when the specifics of the invention described in the
international application is different.
20.7
The focus of international research
(a) international search shall be carried out on the basis of claims with regard to the
the description and any drawings and, with particular emphasis on the inventive step
the idea on which the claims are directed.
(b) if it is possible and appropriate, international research will encompass the entire
the subject matter to which the claims are directed or to which, in the reasonable
expectations could be targeted after editing.
RULE 34
Minimum documentation
21.2
The definition of
(a) the definition of the terms referred to in article 2 (i) and (ii) do not apply for the purposes of this
rules.
(b) the documentation referred to in article 15 (4) (the "minimum documentation")
consist of:
(i) the "national patent documents" named in paragraph
(c);
(ii) the published international (PCT) applications, the published
regional applications for patents and copyright certificate on invention and
the published regional patents and author's certificate for invention;
(iii) from other published literature nepatentové, on which the authorities for
the international search and the International Bureau shall publish a list
for the first time at the conclusion of the agreement, and then each time you change.
(c) subject to paragraphs (d) and (e), the "national patent documents"
consider:
(i) the patents issued in and after 1920 by France, the former
Reichspatentamtem in Germany, Japan, the former Soviet Union,
Switzerland (in French and German only), the United Kingdom and
United States of America
(ii) the patents issued by the Federal Republic of Germany, the people's
Republic, the Republic of Korea and the Russian Federation,
(iii) the patent applications, if any, published in and after 1920 by this
year in the countries referred to in points (i) and (ii);
(iv) Copyright certificates on the invention issued by the former Soviet Union,
(v) the utility certificates issued by France and designs published
on this certificate;
(vi) all other countries issued patents and patent applications
published in these countries after the 1920s, when they are in English,
French, German or Spanish, and does not apply in them
priority, unless the national Office of the country concerned is sorted in the following documents and give
is available to any authority for international search.
(d) if the application for one (for example, zvovuzveřejňuje
Offenlegungsschrift as an Auslegeschrift "" ") or more times, not authority
for international search store all the texts in their documentation;
each such authority is therefore entitled to keep more than one version.
Furthermore, even in cases where the application is approved and issued in the form of
patent or certificate to use pattern (France), does not have authority to
International Research store application, a patent or a certificate
the used pattern (France) in its documentation; each such authority is therefore
entitled to keep either the application or the patent or certificate only
the utility model (France).
(e) Authority for international search, whose official language, or one of the
official languages is not a Chinese, Japanese, Korean, Russian or
Spanish, not to include in its is entitled to the patent documentation
documents of the Republic of China, Japan, the Republic of Korea, Russian
Federation and the former Soviet Union, as well as those patent documents in the
Spanish, for which annotations are not generally available in English.
If the English annotations become generally available after the date of entry into
force of this regulation, he shall be prováděcého patent documents to
which these annotations apply, included no later than six months after the date
When English became widely available annotations. In case of interruption
annotation services in English in technical fields in which they were
English annotation previously generally available, the Assembly shall take appropriate
measures to ensure the immediate restoration of such services in the said
fields of study.
(f) for the purposes of this rule, applications which have only been laid out to
public inspection are not considered published applications,.
RULE 35
The competent authority responsible for the international search
21.8
Case where only a single authority is responsible for the international search
Each receiving Office shall, in accordance with the provisions of the relevant agreement
in accordance with article 16 (3) (b) the International Bureau, that authority for the
international research is responsible for the research of international applications in
It submitted; The International Bureau shall publish this information without undue
delay.
21.9
In case the relevant international authorities to search several
(a) any receiving Office may, in accordance with the provisions of the relevant agreement
in accordance with article 16 (3) (b) lay down a few of the institutions for international
up to the present, and so:
(i) that all these authorities have declared to be competent for all
international applications filed with him and leaves the choice to the applicant,
or
(ii) declare one or more competent authorities for certain types of
international applications filed with him and one or more bodies for the
competent for other kinds of international applications filed with him,
with these kinds of international applications for which it is competent
several institutions for international research, leaves the choice to
to the applicant.
(b) each receiving Office which uses the option provided for in paragraph
(a) shall notify without delay to the International Bureau and the International Bureau of the
bud delay information publicly available.
21.9
The case where the International Bureau is receiving Office under rule 19.1
(a) (iii)
(a) if the international application is filed with the International Bureau as
the receiving Office in accordance with rule 19.1 (a) (iii), it is for the search of this
of the international application, the competent authority for international search that would
He was a competent, if this international application is filed with
the receiving Office competent under rule 19.1 (a) (i) or (ii),
(b) or (c) or rule 19.2 (i).
(b) if there are two or more competent authorities for international search
referred to in paragraph (a), the choice is left to the applicant.
(c) rules 35.1 and 35.2 shall not apply in the case where the International Bureau
is the receiving Office in accordance with rule 19.1 (a) (iii).
RULE 36
Minimum requirements for international search authorities
22.4
The definition of minimum requirements
The minimum requirements referred to in article 16 (3) (c) are the following:
(i) the national Office or intergovernmental organization must have at least 100
full-time employees, who have a sufficient
technical qualifications for the conduct of research;
(ii) that Office or organization must have, or have access at least
to the minimum documentation referred to in the provisions of rule 34, properly arranged
for the purposes of research, in paper form or in the mikrozáznamu or stored
on an electronic medium;
(iii) the Office or organization must have a staff which is capable of performing
research in the required technical fields and which has the language skills
to understand at least those languages in which the written or
translated into the minimum documentation referred to in rule 34;
(iv) that Office or organization must have in place a quality management system
and ensure the internal review in accordance with the General rules
international research;
(v) that Office or organization must act as an authority for
the international preliminary examination.
RULE 37
Missing or defective title
23.1
Missing name
If the international application does not contain a title and the receiving Office
International Search Authority announced that it invited the applicant to
This lack of authority for international removed the search carried out
international search, if you do not receive notification that the said application shall
deemed to be withdrawn.
23.1
The acquisition of the name
If the international application does not contain the name of the authority and for the international
a search has not received a notification from the receiving Office to the effect that he challenged
the applicant to this lack of deleted or if the authority
It finds that the name does not match the rule 4.3, it takes the name itself. Such
the name is recorded in the language in which the international application is
published, or if it has been submitted to the translation into another language according to the
rules 23.1 (b), and the authority for international search he so wishes, in the language of
translation.
RULE 38
Missing or defective annotation
23.7
Missing annotation
If the international application does not contain an annotation and the Admissions Office
International Search Authority announced that it invited the applicant to
This lack of authority for international removed the search carried out
international search, if you do not receive notification that the said application shall
deemed to be withdrawn.
23.7
The acquisition of the annotation
If the international application does not contain an annotation, and authority for the
international search has not received a notification from the receiving Office to the effect that
the applicant was invited to submit a summary, or when referred
authority determines that the annotation does not comply with rule 8, it takes an annotation itself.
Such an annotation is made in the language in which the international
application is published or, if a translation into another has been submitted
the language referred to in rule 23.1 (b), and the authority for international search so
wishes, in the language of that translation.
23.8
Edit annotation
The applicant may, until the expiration of one month from the date of shipment
the international search report, submit to the authority for international search:
(i) the proposed edit annotation; or
(ii) proposed modifications to annotations or comments to her, or both, editing
and comments, if the annotation has been taken by the authority;
and the authority shall take a decision as to whether adjusting the annotation. If this
Authority modifies the annotation, the adjustment shall be notified to the International Bureau.
RULE 39
Subject matter under article 17 (2) (a) (i)
24.3
The definition of
Authority for international search is not required to perform a search on the
international application to the extent that they are the subject of:
(i) scientific and mathematical theories;
(ii) animal or plant varieties, or essentially biological procedures for the
the production of plants and animals and the products of these procedures, unless it is a
microbiological procedures and production;
(iii) plans, rules or methods of business activity, performance purely
mental acts or the operation of the games;
(iv) surgical and therapeutic methods for the treatment of humans and animals, as well as
as well as diagnostic methods;
(v) the mere placing of the information;
(vi) computer programs to the extent that if the authority for international search
is not equipped with to carry out research on the known state of the art in this field.
RULE 40
Lack of unity of invention (international search)
24.9
Invitation to pay additional fees; the time limit
In the invitation to pay additional fees provided for in article 17 (3) (a)
must:
(i) state the reasons why the international application considered
non-compliant request, the unity of the invention;
(ii) invite the applicant to pay the additional fees within
one month from the date of invitation, and indicate the amount to be paid;
and
(iii) invite the applicant to pay, where applicable, the fee for a complaint
referred to in rule 40.2 (e), within one month from the date of the challenge, and
indicate the amount you need to pay.
25.0
Additional charges
(a) the amount of the additional search fees pursuant to article 17 (3) (a)
the competent authority for international search.
(b) the additional search fees pursuant to article 17 (3) (a) shall be paid directly to
authority for international search.
(c) the applicant may pay the additional fees with the complaint, to which
connects a reasoned statement affirming that the international application is, in accordance
with the requirement of unity of invention or that the amount of the required
additional fees is excessive. This complaint review
authority established under the authority of the international search, that in so far as
If it finds that the complaint was justified, it decides on the total or
a partial refund of the additional fee to the applicant. At the request of
the applicant, how the text of the complaint, so a decision on it shall notify the
to the designated offices together with the international search report. The applicant has
will give any translation of the international application together with a translation
required under article 22.
(d) the membership of the review body referred to in paragraph (c) may
apply to the person who issued the decision contested complaints, but
shall not be limited only to the appellant.
(e) the review of a complaint referred to in paragraph (c) may be subject to a fee of
authority for international search, of a fee for a complaint. If
the applicant has failed to pay within the time limit under rule 40.1 (iii) required
the fee for a complaint, the complaint shall be considered for nepodanou and authority for
the international search. The fee for the complaint returns
the applicant, if the review body referred to in paragraph (c) finds
that complaint was fully justified.
RULE 41
Taking the results of the earlier search into account
25.5
Taking the results of the earlier search into account
If the applicant has requested under rule 4.12 authority for international
a search that took into account the results of an earlier search, and satisfies the condition
Rule 12bis. 1 and:
(i) the earlier search was carried out by the same authority for the international
Search, or by the same Office acting as an international authority
up to the present, then the authority for international search taking into account these results
to the extent possible in the implementation of the international search;
(ii) the earlier search was carried out by another international authority
Search, or by the Office other than that which is acting as the authority for
international search, the authority for international search may take these
results into account in carrying out the international search.
RULE 42
Time limit for international search
26.2
Time limit for international search
The time limit for the processing of international search reports or resolutions in accordance with
Article 17 (2) (a) is three months from the date when the authority for
the international search was a search, or nine months, and it
from the priority date, whichever time limit expires later,.
RULE 43
International search report
26.8
Mark
In the international search report should be indicated by the authority for the international
a search, which carried it out, indicating the name of such authority, and the international
the application number of the international application, the name of the applicant and
the international filing date.
26.8
Data
The international search report shall be dated and shall indicate the
the date on which the international search was actually completed. It shall be
the date of filing of the earlier application from which priority is claimed, the
or, if a priority is claimed from more than one earlier
application, the filing date of the application, which was out of time
made first.
26.9
Classification
(a) the international search report contains the classification of the subject matter of the invention
at least according to the international patent classification.
(b) the classification of the international search authority executes.
27.0
The language of the
Every report about the international search and any resolutions issued pursuant to article
17 (2) (a) are in the language in which the international application to which it is
covers, published, with the understanding that:
(i) if it was in accordance with rule 14.4 (b) passed to the translation of the international
the application into another language and the authority for international search so
wishes, the international search report and any resolutions issued pursuant to article
17 (2) (a) may be in the language of that translation;
(ii) if the international application is to be published in the language of translation,
that was provided under rule 12.4, and that is not allowed for the
international search authority, and that authority so wishes, the international
the search report and any resolutions issued pursuant to article 17 (2) (a) may be
in a language that is the language of the permissible for that authority and at the same time the language of the
the publication, which is referred to in rule 48.3 (a).
27.0
Quote
(a) the international search report contains the citations of materials deemed
to be relevant.
(b) the method of labelling materials cited edits the Administrative
directive.
(c) Citations are only partially relevant, is particularly marked.
(d) if the citation is not relevant for all of the claims, in respect of
to claim or to those claims for which they are relevant.
(e) if applicable, or only partially relevant to some of the places
of the cited material, for example, the pages, columns,
or the lines, where these places are. If relevant the entire material, but
some places are partially relevant, such places will be marked,
If such identification is possible.
27.1
Scopes in which the search was performed
(a) the international search report shall indicate the class scopes in which the
research was carried out. If a different sort than the international
patent classification, authority for international examination report is publicly available.
(b) Subject to international research on patents, certificates
on inventions, utility models, certificates for utility models, supplementary
patents or supplementary certificates, bonus certificates on the copyright
invention, the supplementary certificate of utility models or on published
the application for one of these types of protection of those States, of those
period or in those languages which are not included in the minimum
the documentation referred to in rule 34, the international search report shall
options include data about the kinds of documents, the States, periods and
languages covered. For the purposes of this paragraph does not apply
Article 2 (ii).
(c) if the international search was based, or extended to
an electronic data base, the international search report may indicate the name of the
the database, and if it is considered for other useful and feasible,
used the search expressions.
43.6 bis
Taking into account the remedy obvious error
(a) the Correction of obvious error that is approved in accordance with rule 56.6,
will, subject to paragraph (b), be taken into account by the authority for the international
a search for the purposes of the international search and the international search report
This shall be indicated.
(b) Rectification of obvious error may not be the authority for international search
taken into account for the purposes of international search, if this is approved by the
authority or notified to that authority, as appropriate, after the start of
the processing of international search reports and, in this case, that, if
It is possible, indicating in the message, otherwise inform the authority for
international search drawn up accordingly, the International Bureau and the international
the authority will follow the Administrative Directive.
27.2
Remarks concerning unity of invention
If the applicant paid additional fees for the international search,
It shall be indicated in the international search report. Furthermore, if the international
research carried out on the main invention only or on less than the whole invention
[article 17 (3) (a)], the international search report shall indicate for which
part of the international application has been made to research and which are not.
27.2
Authorised officer
In the international search report shall indicate the name of the official authority for the
international search, which is responsible for this message.
27.3
Additional details
Report on the international examination report must not contain anything other than what it is
contained in rules 33.1 (b) and (c), 43.1 to 43.3, 43.5 to 43.8, and 44.2,
and the information referred to in article 17 (2) (b), the Administrative Directive
the inclusion of additional data can afford to the reports of international
Search separately in the Administrative Directive referred to. Report on the
the international examination report must not contain, and the administrative directive cannot
allow the inclusion of any expression of opinion, reasoning, arguments, or
the explanation.
43.10
A form of
Requirements for the outer form of the international search report modifies
Administrative directive.
RULE 43bis
The written opinion of the international search authority
43bis. 1
The written opinion
(a) subject to rule 69.1 (b-bis), the international search authority,
at the same time with the preparation of the international search report or a resolution
referred to in article 17 (2) (a), shall draw up a written opinion on it:
(i) whether the claimed invention appears to be like new, includes vynálezecký step
and is industrially usable;
(ii) whether the international application complies with the requirements of the Treaty and of the
implementing regulation, as regards the control of the international authority
up to the present.
The written opinion is also accompanied by such other notes
provided by the implementing regulation.
(b) for the purposes of a copy of any written report shall apply mutatis mutandis articles 33 (2)
to (6) and 35 (2) and (3) and rules 43.4, 43.6 bis, 64, 65, 66.1 (e), 66.7,
67, 43.6 (b) and (d), 70.3, 70.4, 70.5 (ii) (a), 70.6 to 70.10, 70.12, 70.14
and 70.15 (and).
(c) the written opinion shall contain a notification informing the applicant
If submitted, the international preliminary examination, the
a written opinion under rule 66.1 bis (a), subject to the rules
66.1 bis (b), considered to be a written opinion of the international authority
a preliminary survey for the purposes of rule 41.1 (a), in which case it is
the applicant has requested to submit to the authority, before the expiry of
in accordance with Rule 54bis. 1 (a), a written response, along with any changes.
RULE 44
Transmission of the international search report, written opinion, etc.
27.4
Copies of the report or declaration and written opinion
Authority for international search shall forward one copy of the same day
the international search report or the resolution referred to in article 17 (2) (a),
and one copy of any written report made out under Rule 43bis. 1
The International Bureau and one copy to the applicant.
27.5
Name or annotation
The international search report shall either indicate that authority for the international
a search name and annotation approved as submitted
by the applicant or be accompanied by a text to her name and/or annotation,
How was taken by the authority for international search in accordance with the provisions of the
rules 37 and 38.
27.5
Copies of cited materials
(a) the request referred to in article 20 (3) may be filed at any time after a period of seven years
from the date of the international filing of international applications, which
the international search report.
(b) Authority for international search may from a participant (the applicant
or a designated Office) which made the request, request reimbursement of the costs for the
obtaining and sending the copies. The amount of costs for procuring modifies the agreement
in accordance with article 16 (3) (b), concluded between the authority for international search
and the International Bureau.
(c) any authority for international search, which does not wish to send a copy of the
any designated Office directly, will send a copy to the International Bureau and the
then shall proceed pursuant to paragraph (a) and (b).
(d) any authority for international search can, according to their responsibilities
the provisions of paragraphs (a) and (b) through other offices,
that responsibility against him.
RULE 44bis
International preliminary report on patentability prepared by the authority for the
international search
44bis. 1
Release of the report; transfer applicant
(a) if the international preliminary report on the survey has not been or is not
be executed on behalf of the authority, the International Bureau shall issue to the international
research report on the matters referred to in Rule 43bis. 1 (a) (called
"message" in this rule). The message will have the same content as the written
the opinion drawn up in accordance with Rule 43bis. 1.
(b) the report shall bear the title "international preliminary report on
patentability (chapter I of the Patent Cooperation Treaty) "together with
an indication that it is issued under this rule by the International Bureau on behalf of the
authority for international search.
(c) the International Bureau shall promptly transmit one copy of the report to the applicant
issued pursuant to paragraph (a).
44bis. 2
Assignment of designated authorities
(a) If the report was drawn up in accordance with Rule 44bis. 1, international
the authority shall forward to each designated Office in accordance with Rule 93bis .1,
but not before the expiration of 30 months from the priority date.
(b) if the applicant shall submit an express request to a designated Office in accordance with
Article 23 (2), the International Bureau shall forward a copy of the written report
the instruments authority for international search in accordance with Rule 43bis. 1
This office immediately at the request of that Office or of the applicant.
44bis. 3
Translation for designated offices
(a) the designated State may require a translation of the reports into English, if
report has been prepared under Rule 44bis. 1 in a language other than the
the official language or one of the official languages, of its national Office. Each
such request shall be notified to the International Bureau, that it immediately
be published in the Gazette.
(b) a translation required under paragraph (a) will be prepared by the international
authority or under its responsibility.
(c) the International Bureau shall transmit a copy of the translation to any interested undertaking established
designated Office and to the applicant at the same time with the assignment of this message
the Office.
(d) in the case referred to in Rule 44bis. 2 (b), the written opinion
drawn up in accordance with Rule 43bis. 1 will be designated at the request of the competent
the Office translated into English by the International Bureau or under its
responsibilities. The International Bureau shall transmit a copy of the translation to the competent
designated Office within two months from the date of receipt of the request for translation, and
at the same time send a copy of the applicant.
44bis. 4
Observations on the translation
The applicant may make written observations as to the correctness of the
the translation referred to in Rule 44bis. 3 (b) or (d), a copy of the comments
must be sent to each of the interested designated offices and to the international
the Office.
RULE 44ter
(omitted)
RULE 45
A translation of the international search reports
28.0
Languages
If the international search report and the decision referred to in article 17 (2)
(a) in English, must be translated into it.
Rule 45bis
Supplementary international searches
45bis. 1
Application for supplementary search
(a) the applicant may, at any time before the expiration of 19 months from the date of
the priority of request that has been made in the international application, the additional
international search authority for international search, which is to
competent under Rule 45bis. 9. These requests may be submitted to multiple
than one such authority.
(b) the request referred to in paragraph (a) ("a request for supplementary search")
shall submit to the International Bureau, and shall indicate:
(i) the name and address of the applicant and the representative (if appointed)
title of the invention, the international filing date and number of the international
of the application;
(ii) the authority for international search, which is required to perform
supplementary international searches ("body appointed for the supplementary
Search "); and
(iii) if the international application is filed in a language which is not
This authority is admissible, whether the translation delivered by the receiving Office in accordance with
rule 12.3 or 12.4 is to form the basis for the supplementary international
up to the present.
(c) the request for supplementary search would be, where appropriate, supplemented by:
(i) where neither the language in which the international application is filed nor the
language translation (if any) that was provided under rule 12.3.
or 12.4, is not acceptable to the Authority appointed for the supplementary search,
then the translation of the international application into a language which is for this body
permissible;
(ii) a copy of the list of sequences profitably in electronic form complying with the
the standard laid down by the Administrative Directive, if it is required
authority designated by for the supplementary search.
(d) where the authority for international search finds that the international
the application does not comply with the requirement of unity of invention, the request for
supplementary search may contain an indication of the wish of the applicant to limit the
the supplementary international search to one of the inventions as identified
authority for international search, other than the main invention referred to in
Article 17 (3) (a).
(e) the request for supplementary search would be considered nepodanou and
The International Bureau for such it declares:
(i) if it is received after expiry of the period laid down in paragraph (a); or
(ii) where the Authority appointed for a supplementary search did not indicate in the appropriate
the agreement referred to in article 16 (3) (b) that it is ready to carry out such research,
or is not competent to do so under Rule 45bis. 9 (b).
45bis. 2
The fee for the supplementary search reference
(a) a request for supplementary search is subject to the fee for the benefit of
The International Bureau ("supplementary search fee rules"), as
set out in the Tariff of fees.
(b) the supplementary search fee in the rules shall be payable in the currency in which the
is set out in the Tariff of fees or in one of the currencies prescribed
The International Bureau. The amount in such other currency shall correspond, in
rounded figures, an amount fixed by the International Bureau in
Tariff of fees, and will be published in the Gazette.
(c) Rules additional to the present fee is payable to the international
the Office within one month from the date of receipt of the request for supplementary search.
The amount payable will be the amount applicable on the day of payment.
(d) the International Bureau shall return the fee for the supplementary search reference
applicant if, before the documents are listed in rule
45bis. 4 (e) (i) to (iv) passed the body designated for the supplementary
Search, the international application is withdrawn or is considered to be the
have been withdrawn, or the supplementary search request is withdrawn or is
regarded as not submitted under Rule 45bis. 1 (e).
45bis. 3
The fee for the supplementary search
(a) each institution for international research, which carries out the additional
international searches may require that the applicant shall pay its
favour of a fee ("supplementary search fee") for the implementation of this
background research.
(b) the supplementary search fee will be collected by the International Bureau.
Rules 16.1 (b) to (e) shall apply mutatis mutandis.
(c) for the determination of the time limit for payment of the fee for the supplementary search and
the amount payable, the provisions of Rule 45bis. 2 (c) adequately.
(d) the International Bureau shall return the fee for the supplementary search
applicant if, before the documents are listed in rule
45bis. 4 (e) (i) to (iv) passed the body designated for the supplementary
Search, the international application is withdrawn or is considered to be the
have been withdrawn, or the supplementary search request is withdrawn or is
regarded as not submitted under Rule 45bis. 1 (e), or 45bis. 4 (d).
(e) the Authority appointed for the supplementary search to the extent and under the conditions
laid down in the relevant agreement referred to in article 16 (3) (b) the fee for returns
supplementary search, if before he launched a supplementary international
a search in accordance with Rule 45bis. 5 (a), the request for supplementary
a search is considered not submitted under Rule 45bis. 5 (g).
45bis. 4
Review of the request for supplementary search; fix defects; late fees
payment; the handover of the body designated for the supplementary search
(a) immediately after receipt of the request for supplementary search, the International Bureau
checks to see whether it meets the requirements of Rule 45bis. 1 (b) and (c) (i) and invites
the applicant to correct the defects within a time limit of one month from the date of the call.
(b) If, on the due date referred to in Rule 45bis. 2 (c) and 45bis. 3 (c)
The International Bureau finds that the supplementary search fee in the rules and
supplementary search fee have not been paid in full, it shall invite the
the applicant to pay the amount required to cover those
the fees together with late payment fee referred to in paragraph (c) in the
time limit of one month from the date of the call.
(c) the payment of fees on the basis of the invitation referred to in paragraph (b) will be
subject to the payment of a fee for late payment for the benefit of the international
the Office, which will be 50% of the fee for the supplementary search.
(d) if the applicant fails to deliver the required correction or does not pay the
fees in full, including the late payment fee, before the expiration of
the time limits set in accordance with paragraphs (a) or (b), the request for supplementary
Research regarded as not submitted and the International Bureau in this sense
shall issue an order, and shall inform the applicant accordingly.
(e) the determination that the requirements of Rule 45bis. 1 (b) and (c) (i), 45bis. 2 (c)
and 45bis. 3 (c) have been fulfilled, the International Bureau shall promptly, but not before the date of
the adoption of the international search report or the expiration of 17 months from the date of
priorities, whichever occurs earlier, shall be forwarded to the body designated for
supplementary search a copy of each of the following documents:
(i) the supplementary search request;
(ii) the international application;
(iii) the list of sequences included under Rule 45bis. 1 (c) (ii); and
(iv) any translation provided under rule 12.3, 12.4 or
45bis. 1 (c) (i), which will be used as the basis for the supplementary international
a search;
at the same time, or immediately after their later receipt by the International Bureau:
(v) the international search report and written opinion drawn up by the
Rule 43bis. 1;
(vi) each challenge authority for international search for payment of additional
the fees referred to in article 17 (3) (a); and
(vii) any complaint of the applicant in accordance with rule 40.2 (c) and
decision on supervisory body established under the authority of
the international search.
(f) upon request, to the Authority appointed for an additional search will be
the written opinion referred to in paragraph (e) (v), if it is not in English or
the language permitted for this authority, translated into English by the international
authority or under its responsibility. The International Bureau shall transmit a copy of the translation
This authority within two months from the date of receipt of the request for translation, and
at the same time forward a copy to the applicant.
45bis. 5
Start, basis and scope of supplementary international search reports
(a) the Authority appointed for a supplementary search shall initiate supplementary
international search promptly after receipt of the documents set out in rule
45bis. 4 (e) (i) to (iv), that authority may, at its option, delay the
begin research until also receives the documents referred to in
Rule 45bis. 4 (e) (v), or until the expiration of 22 months from priority date
Depending on which occurs first.
(b) the supplementary international search shall be made on the basis of the international
application or translation referred to in Rule 45bis. 1 (b) (iii) or
45bis. 1 (c) (i), taking into account the report of the international research and
the written opinion established under Rule 43bis .1, if available
the body designated for the supplementary search before the search begins.
If the request for supplementary search contains an indication under rule
45bis. 1 (d), the supplementary international search may be limited to the invention
specified by the applicant under Rule 45bis. 1 (d), and to those parts of
the international application which relate to that invention.
(c) for the purposes of supplementary international search, article 17 (2) and rules
13ter. 1, 33 and 39 shall apply mutatis mutandis.
(d) If the international search report is available to the body designated
for supplementary search before it starts a search referred to in paragraph (a),
that authority may exclude from the supplementary search any claims which
have not been the subject of international search.
(e) where the international search authority issued a resolution in accordance with the
Article 17 (2) (a) and this resolution is available to the body designated for
supplementary search before it starts a search referred to in paragraph (a), may
This authority may decide that it has failed to develop an additional international
up to the present, and in this case, shall issue an order and without delay about
shall inform the applicant and the International Bureau.
(f) the supplementary international search shall cover at least the documentation
for this purpose, which is covered in the relevant agreement referred to in article
16 (3) (b).
(g) if the Authority appointed for supplementary search finds that the implementation of
research is completely excluded restrictions or conditions contained in the
Rule 45bis. 9 (a), other than those referred to in article 17 (2), as
It can be used on the basis of Rule 45bis. 5 (c), the request for
additional research can be considered as not submitted and authority issues
resolutions and without delay inform the applicant and at the same time
The International Bureau.
(h) the Authority appointed for the supplementary search may, in accordance with the limitations
or conditions contained in Rule 45bis. 9 (a) decide to limit the
research on specific claims. In this case, this fact will be
listed in the report on the supplementary international search.
45bis. 6
Unity of invention
(a) if the Authority appointed for supplementary search finds that the international
the application does not satisfy the requirement of unity of invention, then:
(i) shall establish the supplementary international search report on those parts of the
the international application which relate to the invention, which is in the
the first claims ("main invention");
(ii) shall notify the applicant of its opinion, that the international application
does not meet the requirements of unity of invention and shall indicate the reasons for this
opinion; and
(iii) inform the applicant of the possibility to apply within the time limit referred to in
paragraph (c) of re-examination of the opinion.
(b) in considering whether the international application complies with the requirement of
unity of invention, the authority shall take due account of all the documents that
received under Rule 45bis. 4 (e) (vi) and (vii) before it starts
the supplementary international search.
(c) the applicant may, within one month from the date of notification referred to in
paragraph (a) (ii), request the authority to review the opinion referred to in
paragraph (a). Request for a review may be subject to the authority of the
payment in its own benefit, a fee for the examination, the amount of
will be laid down by that authority.
(d) where the applicant so requests within the time limit under paragraph (c) of the
a review of the opinion of the authority and shall pay the fee, if any,
a review of the opinion of the authority, it will be reviewed. Review
will not be carried out only by the person who made the decision which is
the subject of the review. If the authority:
(i) finds that the opinion was entirely justified, it shall inform immediately
the applicant;
(ii) finds that the opinion was partially unjustified but still
considers that the international application does not comply with the requirement to
unity of invention, it shall notify the applicant and, if it is
necessary, it shall proceed according to the provisions of paragraph (a) (i);
(iii) finds that the opinion was entirely unjustified, it shall inform the
the applicant, it shall prepare a report on the supplementary international search to the
all parts of the international application, and returns to the applicant a fee for
review.
(e) at the request of the applicant, it is how the text of the request for review, so
the decision shall be communicated to the designated offices of her along with a report on the additional
the international search. The applicant shall submit any translation thereof with
the presentation of a translation of the international application required under article 22.
(f) paragraphs (a) to (e) shall apply mutatis mutandis, if the authority
appointed for the supplementary search decides to limit the supplementary international
a search in accordance with the second sentence of Rule 45bis. 5 (b) or rule
45bis. 5 (h), provided that any reference in the said paragraphs to the
"international application" shall be construed as a reference to those parts of the
the international application which relate to the invention specified
by the applicant under Rule 45bis. 1 (d), or which are related to the
claims and those parts of the international application on which the authority
to carry out a supplementary international search.
45bis. 7
Report on supplementary international search
(a) the Authority appointed for the supplementary search shall establish within a period of 28 months
from the date of priority of the supplementary international search report or issue
resolution within the meaning of article 17 (2) (a) a valid with reference to the rule
45bis. 5 (c), it will not be drawn up no additional international
up to the present.
(b) Every supplementary international search report, each resolution by
Article 17 (2) (a) a valid with reference to Rule 45bis. 5 (c) and each
the resolution referred to in Rule 45bis. 5 (e) will be in the language of publication.
(c) for the purpose of producing a report on the supplementary international search shall
rules 43.1, 43.2, 43.5, 43.6, 43.6 bis, 43.8 and 43.10 shall, subject to
paragraphs (d) and (e), apply mutatis mutandis. Rule 43.9 shall apply
mutatis mutandis, with the exception of the links that are listed here, at rules 43.3,
27.2 and 27.5 and these will be considered non-existent. Article 20 (3) and
rule 44.3 shall apply mutatis mutandis.
(d) the supplementary international search report need not contain the citation of the
the document referred to in the international search report, except when it is
the document must quote in connection with other documents that have not been
cited in the international search report.
(e) the supplementary international search report may contain explanations:
(i) relating to citations of documents that are considered relevant;
(ii) related to the scope of the supplementary international search.
45bis. 8
Transfer and effect of the supplementary international search report
(a) the Authority appointed for the supplementary search passes, on the same day, one
a copy of the supplementary international search report or a resolution that no
the supplementary international search report will be drawn up, in accordance with
circumstances, to the International Bureau and one copy to the applicant.
(b) subject to paragraph (c), article 20 (1) and rules 45.1, 29.3 (d), and
43.9 (and) apply if the supplementary international search report has been
part of the international search report.
(c) Authority for the international preliminary examination may not take into account the report of the
additional international search drawn up for the purpose of producing a written report
or international preliminary report survey, if this authority
He received after he started to draw up an opinion or report.
45bis. 9
International search authorities competent to perform a supplementary international
Search
(a) international search authority is competent to carry out supplementary
international searches if its preparedness to do so
covered in the relevant agreement referred to in article 16 (3) (b) and subject to restrictions and
the conditions laid down in this agreement.
(b) the Authority carrying out the international search for the international search under
Article 16 (1) in relation to the international application will not be competent to
the implementation of supplementary international searches to this application form.
(c) the limitations referred to in paragraph (a) may, for example, include limitations
the subject matter for which supplementary international searches to be carried out,
other than those referred to in article 17 (2), as it can be used on
under Rule 45bis. 5 (c), the restrictions on the number of additional
international search to be carried out within a specified period, and
restrictions to ensure that the supplementary international search shall not extend above the
a certain number of claims.
RULE 46
Adjustment of the claims before the International Bureau
28.6
The time limit
The time limit referred to in article 19 shall be two months from the date when the authority for
international search, the international search report to the international forward
the Office and the applicant, or 16 months from the priority date, whichever is
the period that elapses later, but the time limit is considered to be conserved and
then, if there is an adjustment under article 19 of the International Bureau on the last day
before completion of technical preparations of the international publication.
28.7
The site of administration
Amendments made pursuant to the provisions of article 19 shall be filed directly at the
The International Office.
28.8
Language editing
If the international application is filed in a language other than that in which the
published, any modification must be based on article 19, also in c
publication.
28.8
The communication from the
(a) the communication provided for in article 19 (1) shall be submitted in the language in which it was
the international application is published and shall not contain more than five hundred
words in English or in English translation. The communication shall be marked as
such a heading, preferably by the words "the communication provided for in article 19 (1)" or
the corresponding words in the language of the communication.
(b) the communication must not contain defamatory comments on the international search
the report or the relevance of citations contained in the message. To quote
relevant to a claim and included in the international search report
reference may be made only in connection with the adjustment of the claim.
28.9
Form editing
(a) the applicant in implementing the adjustments referred to in article 19 shall provide a replacement
sheet or sheets containing a complete set of claims, which shall be replaced by
all of the originally filed claims.
(b) the replacement sheet or sheets will be accompanied by a cover letter that:
(i) lists the claims that as a result of modifications different from the originally submitted
claims, and draws attention to the differences between the claims originally brought by and
adjusted claims;
(ii) States the originally filed claims, which are cancelled as a result of editing;
(iii) stating the basis on which to modify was filed.
RULE 47
Assignment of designated authorities
29.3
Procedure
(a) the Referral provided for in article 20, the International Bureau makes every
designated Office in accordance with Rule 93bis .1, however, subject to the
rule 47.4, not prior to the international publication of the international
of the application.
(a-bis) The International Bureau shall notify each designated Office, in accordance with the
Rule 93bis .1, of the fact and date of receipt of an archive copy and
the fact and date of receipt of each of the priority document.
(b) any amendment received by the International Bureau within the time limit referred to in
rule 46.1 which was not included in the referral provided for in article
20, will be forwarded immediately to the designated offices by the International Bureau, and it will be
at the same time inform the applicant.
(c) the International Bureau shall, promptly after the expiration of 28 months from the priority date,
shall send to the applicant a notice stating:
(i) the designated offices, which requested that the referral provided for in article
20 has been implemented in accordance with Rule 93bis .1 and the date of such referral
those offices; and
(ii) the designated offices which did not request that the referral provided for in
Article 20 has been implemented in accordance with Rule 93bis .1.
(c-bis) The notification referred to in paragraph (c) shall be accepted by designated offices:
(i) in the case of a designated Office referred to in paragraph (c) (i) as final
evidence that the referral provided for in article 20 was effected on the date of
referred to in the notice;
(ii) in the case of a designated Office referred to in paragraph (c) (ii) as
conclusive evidence that the Contracting State for which that Office acts as
designated Office does not require that the applicant, pursuant to article 22 of the said copy
of the international application.
(d) each designated Office shall, on request, receive the international search reports and
the decision referred to in article 17 (2) (a) also in the translation referred to in rule 45.1.
(e) If a designated Office before the expiration of 28 months from the priority date
requested the International Bureau to undertake the assignment set out in
Article 20 in accordance with Rule 93bis .1, it will be considered that the Contracting
State for which that Office acts as designated Office, has informed the
The International Bureau under rule 49.1 (a-bis), that does not require
the applicant has indicated pursuant to article 22, he added a copy of the international application.
29.3
A copy of the
Copy the required for the assignment will be prepared by the International Bureau.
For more details on the required copies for referral may
be listed in the Administrative Directive.
29.4
Languages
(a) the international application transmitted in accordance with article 20, in the language in
which is published.
(b) where the language in which the international application is published, other
than the language in which it was filed, the International Bureau shall transmit any
the designated authority at its request, a copy of that application in the language in which the
It was submitted.
29.5
Express request under article 23 (2) before the international publication of the
Where the applicant submits the express request of the designated Office pursuant to article
23 (2) before the international publication of the international application, the international
the authority shall, at the request of the applicant or the designated Office, promptly take place
referral provided for in article 20 of that Office.
RULE 48
International publication of the
29.9
Form and methods
The form in which and the ways in which the international application shall be published,
is governed by an administrative directive.
30.0
The contents of the
(a) publication of the international application shall contain:
(i) a standardized front page;
(ii) a description;
(iii) claims;
(iv) the drawings, if any;
(v) subject to paragraph (g) of the international search report or a resolution
pursuant to article 17 (2) (a);
(vi) a communication submitted under article 19 (1), if the International Bureau
finds that the communication is not in accordance with the provisions of rule 46.4;
(vii) where the request for publication under rule 56.7 (d) adopted
The International Bureau before completion of technical preparations for international
publication, any request for the correction of a manifest error, any reasons, and
the indications referred to in rule 56.7 (d);
(viii) indications concerning biological material deposited submitted
under Rule 13bis separately from the description, together with an indication of the date when the
The International Bureau received such information;
(ix) any notification regarding the application of the priorities listed in the rule
26bis. 2 (d);
(x) any declaration referred to in rule 4.17, and any correction under
Rule 26ter .1, which received by the International Bureau before the expiry of
under Rule 26ter.
(x) any declaration referred to in rule 4.17, and any correction under
Rule 26ter .1, which was received by the International Bureau before the expiration of
the time limit under Rule 26ter. 1;
(xi) any notification concerning a request under Rule 26bis .3 for
the return of the right of priority and the decision of the receiving Office to the
the application, including the information on what the criteria for return
decision is based.
(b) subject to paragraph (c) home page contains:
(i) data taken from the application form and other information such as
the prescribed Administrative Directive;
(ii) the image or images, if the international application contains drawings,
If the rule is not applicable 8.2 (b);
(iii) an annotation; If the annotations in English and in another language,
English text shall appear first;
(iv) where applicable, an indication that the request contains a declaration in accordance with
rules 4.17, received by the International Bureau before the expiry of
under Rule 26ter. 1;
(v) where the international filing date has been recognised by the receiving Office
in accordance with rule 20.3 (b) (ii) or 20.5 (d) on the basis of the inclusion of the element or
part via a link under rules 4.18 and 20.6,
an indication to this effect, together with an indication whether the applicant for the purposes of
rules 17.1 (a) (ii) with regard to priority, it relies on the conformity with the
rule 17.1 (a), (b) or (b-bis), or on a separately submitted
a copy of the earlier application;
(vi) where applicable, an indication that the published international application
contains information under Rule 26bis. 2 (d);
(vii) where applicable, an indication that the published international application
contains information concerning a request under Rule 26bis .3 for
the return of the right of priority and the decision of the receiving Office to the
the request;
(viii) where applicable, an indication that the applicant in accordance with rule
26bis. 3 (f), submit to the International Bureau a copy of the statement or other
proof.
(c) If a decision is taken pursuant to article 17 (2) (a), title page
at this point out, and may not even be a drawing on it, or annotation.
(d) the image or images in accordance with paragraph (b) (ii) shall be collected by the
rule 8.2. The reproduction of the picture or pictures on the front page may
be scaled down.
(e) if there is no enough space on the front page for the whole annotation based
paragraph (b) (iii), and on the reverse of the correct annotation of this cover page. The same thing
apply for a translation of the annotation, if required by its publication in accordance with
rule 48.3 (c).
(f) if the claims have been modified in accordance with article 19, the publication contains
the full text of the international application submitted and revised claims. Shown
will the communication provided for in article 19 (1), if the International Bureau finds that the
This communication is not in accordance with the provisions of rule 46.4. Shall also
the date when the modified claims ran out of the International Bureau.
(g) if at the time of completion of technical preparations for international
publication available to the international search report, it will cover
page contain an indication that the message was not available and that
international search report (when it becomes available) will be published
separately, along with a revised cover page.
(h) has not expired at the time of the completion of the technical preparations for international
publication period for adjustment to the claims under article 19, it shall be the
the fact on the cover with the fact that in the case of modifications of the claims according to the
Article 19 will be without delay, after the adoption of these modifications by the International Bureau
within the time limit under rule 46.1, the full text of the claims, published as
modified, together with a revised cover page. If it was submitted
communication referred to in article 19 (1), this notice will also be published if
The International Bureau finds that the communication is not in accordance with the provisions of
rule 46.4.
(i) If approval of the remedy obvious error in the international application
in accordance with rule 56.6 from receiving authority, institution for international
a search or International Bureau is accepted or, where applicable,
transmitted by the International Bureau, after the termination of the technical preparations for
international publication, shall be published in the communication that conveys all the
axles, axle with leaves containing or spare sheets and
where appropriate, a letter submitted under rule 91.2, and again must be
published a cover page.
(j) If, at the time the technical preparations for international
the publication of the request under Rule 26bis .3 for the return of the right of priority
still, the international application will be published contain instead of
the decision of the receiving Office, the indication of this application, in this case
the decision was not available and that this decision as soon as it happens
available, will be published separately.
(k) If the request for publication under rule 56.7 (d) adopted
International Bureau after the completion of technical preparations for international
the publication, must be a request for redress, any reasons and any
the notes provided under this rule, made public after the adoption of such
requests for disclosure without delay, and the title page must be
published.
30.0
Languages of publication
(a) if the international application is filed in Arabic, Chinese,
English, French, German, Japanese, Korean,
Portuguese, Russian or Spanish ("languages of publication"), that
application will be published in the language in which it was submitted.
(a-bis) If the international application is filed in a language of publication and was
the translation into a language of publication referred to in rule 12.3, the application
shall be published in the language of the translation.
(b) if the international application is filed in a language of publication and a translation
into a language of publication has been supplied under rule 12.3 or 12.4, that
the application shall be published in the language of that translation.
(c) if the international application Is published in a language other than
English, the international search report to the extent referred to in
rule 48.2 (a) (v) or the resolution referred to in article 17 (2) (a), the name of the
the invention, annotations, and all texts pertaining to the picture or pictures
to annotate both in that language and in English. The translations, if
is not provided by the applicant under rule 12.3, are taken on a
the responsibility of the International Bureau.
30.1
Earlier publication on the applicant's request
(a) where the applicant Asks for publication under articles 21 (2) (b) and 64 (3)
(c) (i) and the international search report, or a decision pursuant to article 17 of the
(2) (a) is not yet for publication together with the international application to the
available, selects the International Bureau for the publication of a special fee,
whose amount is determined by an administrative directive.
(b) Publication under articles 21 (2) (b) and 64 (3) (c) (i) by:
The International Bureau without delay, after the applicant has asked for it, and in the
cases, where it is referred to in paragraph (a), of a specific fee, after
his payment.
30.1
Notification of national publication
Where the publication of the international application, the International Bureau, governed by the
Article 64 (3) (c) (ii), is the national authority shall after national publication
under the said provision shall without delay inform the International Bureau.
30.2
Reporting certain facts
(a) If a notice under rule 29.1 (ii) to the International Bureau
later, than it is possible to prevent the international publication of the international
application, the International Bureau shall publish in the Gazette a comment immediately
reproducing the essence of such notification.
(b) cancelled
(c) if the international application, the designation of a designated
State or put forward the priorities of the revoked under the provisions of Rule 90bis,
After the completion of the preparations for international publication, it is
posted in the Gazette notice of withdrawal.
RULE 49
Copy, translation and fee under article 22
30.5
Notification
(a) any Contracting State which, pursuant to article 22 requires the delivery of a translation
or the payment of the national fee, must communicate to the International Bureau:
(i) languages, translations of which is requested, and the language to translate the requests;
(ii) the amount of the national fee.
(a bis) Any Contracting State which, pursuant to article 22 does not require that
the applicant has supplied copies of the international application (even if
The International Bureau in accordance with rule 47 did not advance a copy of the international
the application within the time limit referred to in article 22) shall notify the International Bureau.
(a ter) Any Contracting State which, under article 24.2 maintains as
the intended effect of the State within the meaning of article 11.3, even if the applicant has not submitted the
a copy of the international application within the time limit referred to in article 22, it shall notify the
To the International Bureau.
(b) the International Bureau shall publish in the Gazette without delay any notice,
that was in accordance with articles (and) (a bis) or (a ter).
(c) if the later requirements referred to in paragraph (a), it shall notify
Contracting State of the changes to the International Bureau and the notification without delay
shall publish a notice in the Gazette. If a change request to the translation into the language,
previously insisted the change effective only for international
applications filed more than two months after the notice was published
in the journal. Otherwise, the effective date of any changes to the Contracting State.
30.6
Languages
The language into which translation may be required must be an official language of
the designated authority. If such languages, translation request, cannot be
If the international application is in one of them. If several
official languages and a translation must be supplied, the applicant may choose the
any of these languages. Notwithstanding the preceding provisions of this
paragraphs can be used in the case where there are several official languages but the
national legislation requires foreigners use just one of them,
require a translation into that language.
30.6
The communication provided for in article 19; the information referred to in rule 13 bis 4
For the purposes of article 22 and this rule will be any communication referred to in
Article 19 (1) and the information referred to in rule 13 bis 4, subject to rule 49.5
(c) and (h), be considered part of the international application.
30.7
The use of national form
The applicant is not required to use a national form for the operations referred to in
Article 22.
30.8
The contents of the translation and the requirements for its outer form
(a) for the purposes of article 22, the translation of the international application relates to the description, the
(subject to paragraph (a-bis)), the claims, the drawings, texts and annotations.
Calls to the designated Office, the translation, subject to paragraphs (b), (c-bis) and
(e) also refers to
(i) refers to both the application,
(ii) if the claims have been modified in accordance with article 19, how claims
submitted and the modified (modified claims claims shall be submitted in the form of
the translation of the complete set of the claims translated under rule 46.5 (a),
which are replaced by all of the originally filed claims), and
(iii) be accompanied by a copy of the drawings to him.
(a-bis) No designated Office cannot demand the applicant
file a translation of the text in the description of that list
sequences, where the part containing the sequence listing in accordance with the
rule 12.1 (d), and if the description complies with rule 5.2 (b).
30.8
Restore rights after made the acts referred to in article 22
(a) If the international application has ceased effect referred to in article 11 (3),
Since the applicant has not made the acts referred to in article 22, in the
the time limit specified by the Office, at the request of the applicant and subject to paragraphs (b)
to (e) of this rule, restore the right of the applicant regarding this
of the international application if it finds that the failure to comply with this deadline was
unintentional or, at the option of the designated Office, that the failure to comply with this time limit
There was still that was spent by proper care required by the circumstances.
(b) the request referred to in paragraph (a) must be submitted to the designated Office and the
the acts referred to in article 22 must be made in any of the following
the time-limits which expires first:
(i) two months from the date of the disappearance of the causes of non-compliance with the time limit
in accordance with article 22; or
(ii) 12 months from the date of expiry of the relevant time limit under article 22;
with the fact that the applicant may submit the request at any later time, if it
enables the national law of the designated authority.
(c) the request referred to in paragraph (a) shall state the reasons non-compliance with the relevant
the time limit under article 22.
(d) national legislation of a designated Office may require:
(i) that the application fee has been paid under paragraph (a);
(ii) to be submitted to the Declaration or other evidence supporting the reasons
referred to in paragraph (c).
(e) the designated Office shall not refuse a request under paragraph (a), without credit
the applicant an opportunity to comment on the intended refusal within a time limit
appropriate in the circumstances.
(f) If, at the 1. October 2002 are not paragraph (a) to (e) compatible
with the national law of the designated Office, those paragraphs shall not apply to
This designated Office, as they are incompatible with the provisions of this law, for the
provided that the said Office informs the International Bureau about it to 1.
January 1, 2003. The information received by the International Bureau as soon as published in the
Journal.
RULE 49bis
The data concerning the protection required for the purposes of the national proceedings
49bis. 1
Choice of certain kinds of protection
(a) If the applicant wishes the international application to be
treated in the designated State for which article 43 applies, as with
the application for the grant of a patent but for the grant of another
kind of protection referred to in this article, it shall be designated by the applicant
the Office when performing the acts referred to in article 22.
(b) if the applicant wishes the international application to be
treated in the designated State for which article 44 applies, as an application
for the grant of more than one kind of protection referred to in article 43,
It shall be designated by the Office of the applicant, when performing the acts referred to in
Article 22 and if necessary indicate which kind of protection is sought as a
the main and which is required as a side.
(c) in the cases referred to in paragraphs (a) and (b), if you
the applicant wishes the international application to be treated in the
specified state as with the application for the additional patent, the supplementary
certificates, additional patent on invention or additional
the certificate on the utility model, the applicant when performing the acts referred to in
Article 22 presents the basic application or the basic patent
another basic type of protection.
(d) If the applicant wishes the international application to be
treated in a designated State, as an application, which is a continuation or
part-a continuation of the previous application, the applicant shall, in the implementation of
the acts referred to in article 22 shall be designated by the authority and this shall be
the basic application form.
(e) if the applicant does not expressly referred to in paragraph (a), when the
performs the acts referred to in article 22 but the national fee referred to in
Article 22 paid by the applicant corresponds to the national fee for the
a particular kind of protection, the payment of this fee will be considered as a wish
the applicant for an international application to be treated as
the application for this kind of protection, and the designated authority shall inform the
of the applicant.
49bis. 2
Time limit for delivery of the data
(a) No designated Office shall require that the applicant will not be added before
by performing the acts in article 22, any indication referred to in rule 49bis. 1
or, where applicable, any indication as to whether the applicant requests the grant
a national patent or a regional patent.
(b) the applicant may, if allowed by national legislation
the competent designated authority, deliver such information or, where applicable, convert
one kind of protection to another, at any later date.
Rule 49ter
The effects of the return of the right of priority by a receiving Office, the return of the rights
advantages of the designated authority
49ter .1
The effects of the return of the right of priority by a receiving Office
(a) if the receiving Office restored the right of priority in accordance with rule
26bis. 3 based on its finding that the omission to file an international
the application within the time limit occurred in spite of the priority that was spent
reasonable care required by the circumstances, the recovery will be, subject to the
paragraph (c), be effective in each designated State.
(b) if the receiving Office restored the right of priority in accordance with rule
26bis. 3 based on its finding that the omission to file an international
application in priority period was unintentional, this return, with
subject to paragraph (c), be effective in each designated State whose applicable
national legislation allows for the return of the right of priority on the basis of
This criterion or criteria, that is, in terms of applicants
This criterion more favorable than the
(c) the decision of the receiving Office for the return of the right of priority according to the
Rule 26bis. 3 will not be effective in a designated State where the designated Office, a court
or another responsible authority of the designated State or authority acting on behalf of the
designated State finds that the requirements under rules have been upheld
26bis. 3 (a), (b) (i) or (c), taking into account the reasons given by the
in the request submitted to the receiving Office under Rule 26bis. 3 (a) and
any declaration or other evidence filed with the receiving Office in accordance with
Rule 26bis. 3 (b) (iii).
(d) the designated Office shall not review the decision of the receiving Office unless the
has a reasonable doubt that a requirement referred to in paragraph (c) is met;
in such a case, it shall inform the applicant corresponding to the specified
in a way, indicating the reasons for those doubts and provide
the applicant the possibility to object to reservations within a reasonable time.
(e) No designated State is not bound by the decision of the receiving Office
denying an application under Rule 26bis .3 for the return of the right of priority.
(f) where the receiving Office has refused a request for the return of the right of priority,
any designated Office may consider such a request for an application for
return of submitted to this designated Office under rule 49ter. 2 (a)
within the time limit under this rule.
(g) If, at the date of 5. October 2005 are not paragraph (a) to (d) compatible
with the national law of the designated Office, those paragraphs shall be given the
This authority shall not be used, as long as the incompatibility with this
legislation continue, provided that the said Office shall notify the
The International Bureau up to 5. April 2006. The notification will be received immediately
Published by the International Bureau in the Gazette.
49ter. 2
The return of the right of priority by the designated authority
(a) if the international application claims the priority of an earlier
the application and has an international filing date which is later than the date
to which the priority period expired but within the period of two months from the
the data specified by the authority at the request of the applicant in accordance with paragraph (b)
return the right of priority if the Office finds that a criterion applied by it
("the return of the criterion") is satisfied, namely that the omission to submit
international application in priority period:
(i) occurred despite the fact that proper care was taken to the required
circumstances; or
(ii) was unintentional. Each designated Office shall apply at least one of the
of those criteria and may apply both of these criteria.
(b) the request referred to in paragraph (a) must:
(i) be filed with the designated Office within a time limit of one month from the
the time limit under article 22 or, if the applicant has made an explicit
the request of a designated Office referred to in article 23 (2), within one month from the
the date of receipt of this request to the designated Office;
(ii) state the reasons for the omission to submit the international application within the priority
the time limit and be accompanied by a declaration or other evidence
required pursuant to paragraph (c); and
(iii) be accompanied by the fee for the application for return required under
paragraph (d).
(c) the designated Office may require that the Declaration has been submitted to him or
other evidence supporting the communication of the reasons referenced in paragraph (b) (ii)
within a time limit which shall be reasonable in the circumstances.
(d) the submission of a request under paragraph (a) may be specified by the Office
subject to payment of a fee, for its own benefit, for the required
the return of the.
(e) the designated Office shall not refuse, totally or in part, a request under
paragraph (a) without giving the applicant the opportunity to
reservations for the intended refusal within a time limit which shall be reasonable
in the circumstances. Such notice of intended refusal by the designated authority
can be sent to the applicant to the designated Office together with any
call for the submission of a declaration or other evidence under paragraph (c).
(f) if the national law of the designated authority is applied because
the return of the right of priority requests that are in terms of
applicants more favorable than the requirements referred to in paragraphs (a) and
(b) the designated Office may, in determining the right of priority use
the requirements under the applicable national law instead of the requirements
According to these paragraphs.
(g) each designated Office shall inform the International Bureau as to which criterion
for the recovery of it, according to the requirements of the national legislation in
accordance with paragraph (f), if they are, and all of the following changes,
This concern. The International Bureau shall publish the information without
delay in the journal.
(h) If, at the date of 5. October 2005 there are paragraphs (a) to (g) compatible
with the national law of the designated Office, those paragraphs because
This authority shall not be used, as long as the incompatibility with this
legislation continue, provided that the said Office shall notify the
The International Bureau up to 5. April 2006. The notification will be received immediately
Published by the International Bureau in the Gazette.
RULE 50
Permissions pursuant to article 22 (3)
31.1
The performance of the permissions
(a) any Contracting State which provides for a longer period than the period referred to in
Article 22 (1) or (2), it shall notify the following deadline, the international
the Office.
(b) any notification that occurred to the International Bureau under paragraph (a),
the Commission shall publish in the Gazette without delay.
(c) notifications concerning the shortening of the time limits laid down previously, will be
apply to international applications filed after the expiration of 3 months from the date of
When the announcement was published by the International Bureau.
(d) notifications concerning the lengthening of the previously established time limits, the
pay from the date of their publication in the Gazette of the International Bureau for the
of the international application that are at that time in the proceedings or for the application
submitted after the date of publication, or from a later date, provided the
as a Contracting State in the notification.
RULE 51
Review by designated offices
51.1
The deadline for the submission of the request to send copies of the
The time limit referred to in article 25 (1) (c) shall be two months counted from the date of
the notification sent to the applicant under rule 20.4 (i) 24.2 (c) or
18.1 (ii).
31.8
Copy of the notification
In cases where an applicant has been negative, according to article findings
11 (1), and asks the International Bureau pursuant to article 25 (1) to send spisových
copies of the proposed international application to one of the designated offices,
that had the intention to determine its application must attach a copy of the notice
under rule 20.4 (1).
31.9
The time limit for payment of the national fee and submission of translation
To the expiry of the period referred to in article 25 (2) (a) occurs at the same time, the period referred to in
rule 51.1.
RULE 51bis
Certain national requirements allowed under article 27
51bis. 1
Certain national requirements allowed
(a) subject to Rule 51bis. national legislation applicable to 2 may
designated by the authority in accordance with article 27, require the applicant
He said in particular:
(i) documents relating to the identity of the inventor;
(ii) documents relating to the transfer or assignment of the rights to the application;
(iii) documents containing an oath or declaration of the inventor, as regards
his authorship of the invention;
(iv) (iv) if it is determined by the State in the international application, the
national legislation to 9. October 2012 require oaths
or statement of authorship to invention, any document containing
an oath or declaration of authorship to invention,
(v) any evidence concerning the safety of předuveřejnění or exceptions
the lack of novelty, such as předuveřejnění resulting from abuse,
předuveřejnění on certain shows and předuveřejnění by the applicant in
a certain time period;
(vi) the verification of the signature of the applicant, the international application for the specified
a State which has not signed the request;
(vii) any missing indication required under rule 4.5 (a) (ii), and
(iii) for the specified state when it comes to the applicant.
(b) in accordance with article 27 (7) national legislation may be applied
designated Office may require that:
(i) the applicant was represented by a representative before the Office of the authorized
and or had in the specified state an address for service;
(ii) the applicant has duly appointed his representative, where appropriate.
(c) in accordance with article 27 (1) national legislation may be applied
designated Office may require that the international application, its translation and
every relevant document to it have been presented in several copies.
(d) in accordance with article 27 (2) (ii) national legislation may
applied by the designated Office may require that a translation of the international application,
supplied by the applicant under article 22, by the applicant either has been authenticated,
or the person who translated the international application, Declaration,
that the translation is to the best of knowledge complete and faithful.
51bis 2
Certain circumstances may not require documents or evidence
The designated Office shall not require, except in the case when it has reasonable grounds for
doubts about the credibility of relevant data or statement, no
a document or evidence:
(i) relating to the identity of the inventor (Rule 51bis. 1 (a) (i) (other than the
a document containing an oath or declaration of authorship to invention
(Rule 51bis. 1 (a) (iv) if the particulars concerning the inventor
in accordance with rule 4.6, contained in the request or if a declaration of
the identity of the inventor in accordance with rule 4.17 (i) is contained in the request
or submitted directly to the designated Office;
(ii) [no change]
(iii) relating to the right of the applicant to the international filing date
apply the priority of an earlier application (Rule 51bis. l (a) (iii),
If it is a statement of that fact in accordance with rule 4.17
(iii) contained in the request or is submitted directly to the designated Office;
(iv) containing an oath or declaration of authorship to invention
(Rule 51bis. 1 (a) (iv) if the Declaration of authorship to the
the invention referred to in rule 4.17 (iv) contained in the request or is submitted
directly to the designated Office.
RULE 52
Adjustment of the claims, description and drawings for designated offices
32.4
The time limit
(a) in a designated State in which the hearing or the exploration starts with no
special request of the applicant, if he so wishes, shall exercise the right to
under article 28 within one month from the fulfillment of the requirements under article 22
provided that, if the communication under rule 47.1 has not been made to the
expiry of the period applicable according to article 22 of the said law shall be applied
not later than four months after such expiration date. In any case,
the applicant may exercise the said right at any later date, if it
enables the national law of that State.
(b) in any designated State in which the national law provides that the
survey launches only on specific request, or the time period for the exercise of
the rights of the applicant in accordance with article 28 of the same as or the time period for
filing national applications editing with the exploration of the special request, if
such a period is elapsed or time does not occur before the expiry of the period referred to in
paragraph (a).
PART (C)
Rules relating to title II of the Treaty
RULE 53
A proposal from the
33.0
A form of
(a) the application shall be made on a printed form or as a computer printout.
The details of the printed form and the design served as a computer
copy of the adjusted Administrative Directive.
(b) a copy of the printed application form shall provide free of charge to the receiving
authority or the international preliminary examination authority.
(c) cancelled
33.1
The contents of the
(a) the proposal must include:
(i) the petit;
(ii) the data concerning the applicant and the representative, if appointed;
(iii) the international application data;
(iv) where applicable, a statement concerning the adjustments.
(b) the application must be signed.
33.1
Petit
Petit must have the following content, and it is recommended that this
text: "the proposal referred to in article 31 of the Patent Cooperation Treaty: signed
requests that the international application below was tested by
international preliminary examination pursuant to the Treaty provisions on patent
cooperation ".
33.2
The applicant has
As to the indications concerning the applicant, rules 4.4 and 4.16
and mutatis mutandis, rule 4.5.
33.2
Agent or common representative
If a representative has been appointed or the common representative, it must be
stated in the proposal. Rules 4.4 and 4.16 shall apply, and rule 4.7 shall apply
adequately.
33.3
Information about the international application
The international application shall state the name and address of the applicant, the name of the
the invention, the international filing date (if this date is unknown
the applicant) and the number of the international application or, if the
the number is not known to the applicant, the name of the receiving Office where the
the international application is filed.
33.4
The choice of States
The lodging includes choice of all Contracting States which are designated and
are bound by title II of the Treaty.
33.4
The signature of the
The petition must be signed by the applicant or, if there is more than one
the applicant, all of the applicant, who drew up the proposal.
33.5
Declaration concerning the modification
(a) if the adjustments were made under article 19 shall be in the
the Declaration relating to the adjustments indicated whether, for the purposes of the international
the preliminary survey, the applicant wishes to make the following modifications:
(i) were taken into account, in which case it must be together with the
preferably a copy editing and design of the letter required by rule
28.9 (b), or
(ii) have been considered as repealed by editing under the provisions of article 34.
(b) If no adjustments were made in accordance with article 19 and the time limit for
the submission of such adjustments has not expired, the statement may be in States that,
If the international preliminary examination authority wished to initiate
the international preliminary examination at the same time with the international search in accordance
with rule 69.1 (b), the applicant wishes to start the international
the preliminary survey has been postponed in accordance with rule 69.1 (d).
(c) If, pursuant to the provisions of article 34 are submitted with the edit
the design, it must be indicated in the Declaration.
RULE 54
The applicant entitled to lodging
33.6
Residence and citizenship
(a) subject to the provisions of paragraph (b), the residence or citizenship
the applicant for the purposes of article 31 (2) lays down, pursuant to rule 11.2
(a) and (b).
(b) the international preliminary examination authority, in the cases referred to in
Administrative directive, request the receiving Office or, if the
international application is filed with the International Bureau as receiving
the Office, the national Office of a Contracting State or a contracting authority operating for this
State to decide the question whether the applicant has a residence in a Contracting State,
which relies on, or whether they are nationals of that Contracting State. Authority
for international preliminary examination shall inform the applicant of any
such a request. The applicant may submit its arguments directly to the Office,
which it refers to. The Office shall decide the question without delay.
33.7
The right to submit a proposal
The proposal referred to in article 31 (2) may be given if the applicant who
proposal, or if there are two or more applicants,
at least one of them is a citizen of a State party bound Head II
The contract or has its registered office in that Member State and the international application was filed
at the receiving Office of a State bound title II or at the Office working for
This state.
33.7
International applications filed with the International Bureau as receiving
the Office of the
If the international application is filed with the International Bureau as in
the receiving Office in accordance with rule 19.1 (a) (iii), shall be deemed to
The International Bureau for the purposes of article 31 (2) (a) for a contracting authority operating
State in which the applicant has a residence or of which he is a citizen.
33.8
Applicant who is not entitled to submit a proposal
If the applicant does not have the right to submit a proposal, or in the case of two or
multiple applicants, who do not have the right to bring an action under the provisions of the
rules 33.7, it is considered that the proposal was submitted.
RULE 54bis
The deadline for submission of the proposal
54bis. 1
The deadline for submission of the proposal
(a) the application may be filed at any time before the expiry of any of
the following time limits, whichever is the later:
(i) three months from the date of transmission of international search reports
the applicant and any written report made out under Rule 43bis. 1
or order referred to in article 17 (2) (a); or
(ii) 22 months from the priority date.
(a) the application may be filed at any time before the expiry of any of
the following time limits, whichever is the later:
(i) three months from the date of transmission of the international search report or the
the resolution referred to in article 17 (2) (a), and any written report made out
in accordance with Rule 43bis. 1; or
(ii) 22 months from the priority date.
(b) proposal submitted after expiry of the time limit applicable under paragraph (a) will be
assessed as if it has been submitted, and the authority for international
a preliminary survey for such it declares.
RULE 55
Languages (international preliminary examination)
34.2
The language of the proposal
Application shall be submitted in the language of the international application, and where the international
the application is filed in a language other than that in which it was published, in
the language of the publication. However if it is required under rule 55.2 translation
of the international application, the proposal is in the language of that translation.
34.3
Translation of the international application
(a) where neither the language in which the international application is filed nor the
the language in which the international application is published, it is not permissible
for the international preliminary examination authority, to perform the
the international preliminary examination, the applicant shall, subject to paragraph
(b) submit together with a draft translation of the international application into a language
that is how:
(i) language of the permissible for that authority, so
(ii) a language of publication.
(a-bis) Translation of the international application into a language referred to in paragraph (a)
includes any element referred to in article 1 (l) (l) (iii) (d) or (e)
provided by the applicant under rule 20.3 (b) or 12.8 (a) and
any part of the description, claims or drawings supplied by the
by the applicant under rule 20.5 (b) or 12.8 (and), which is
considered to be contained in the international application under rule 20.6 (b).
(a-ter) Authority for international preliminary examination shall check
any translation provided pursuant to paragraph (a), that corresponds to the
requirements for the presentation of the application referred to in rule 11 to the extent
which is necessary for the purposes of the international preliminary survey.
(b) if the translation of the international application into a language referred to in paragraph
(a) passed the international preliminary examination authority under rule
23.1 (b), and the international preliminary examination authority is part of the same
the national Office or intergovernmental organization as the international authority
research, the applicant may not submit a translation under paragraph (a). In
this case, where the applicant to file the translation referred to in paragraph
(a), the international preliminary examination carried out on the basis of the translation
tabled pursuant to rules 23.1 (b).
(c) if the requirement referred to in paragraphs (a), (a-bis) and (a-ter), and
paragraph (b) does not apply, the international preliminary examination authority
shall invite the applicant to submit the required translation or the required
repair, depending on the circumstances, within a time limit which shall be reasonable in the circumstances.
This time limit shall not be shorter than one month from the date of the call. May be
extended authority for the international preliminary examination at any time before
the making of any decision.
(d) if the applicant fails to meet the challenge of the time limit under paragraph (c), the
This requirement is considered to have been met. If the applicant fails to
to comply with the proposal will be considered America's ill-advised and authority for
the international preliminary examination shall issue an order about it.
34.4
Language and translation and editing letters
(a) subject to paragraph (b), if the international application is filed
in a language other than that in which it is published, any adjustment in accordance with article
34 and the letters referred to in rule 41.5 (a), (b) 41.5 rule and regulation
28.9 (b) how it can be used on the basis of 41.5 (c), shall be
submitted in the language of publication.
(b) if the translation of the international application is required under rule
34.3, then it must be:
(i) any adjustments and the letters referred to in paragraph (a); and
(ii) any adjustment pursuant to article 19 which are to be taken into account by the
Rule 41.1 (c) or (d), and all of the letters referred to in rule 46.5 (b);
in the language of that translation. If you have been or are these adjustments or letters
submitted in another language must also be submitted to the translation.
(c) If you do not edit, or a letter submitted in the language required under
paragraphs (a) or (b), of the international preliminary examination authority shall invite the
the applicant to submit a modification or a letter in the language you want in the
time period which must be proportionate to the circumstances. This time limit shall not be less
than one month from the date of the call. Authority for international preliminary examination
It can be extended at any time before a decision will be made.
(d) if the applicant does not comply with the invitation within the time limit under paragraph (c)
submission of modifications in the desired jazycce, edit, not for the purposes of
international preliminary survey be taken into account. If
the applicant does not comply with the invitation within the time limit under paragraph (c) to submit
the letter referred to in paragraph (a) in the desired language, the adjustment
may not be for the purposes of the international preliminary survey be taken into account.
RULE 56
cancelled
RULE 57
Meeting fee
35.5
Fee obligation
The proposal for the international preliminary examination shall be subject to the fee for the benefit of
The International Office ("the rules"), with the fee authority
for a preliminary international survey, to which the proposal was submitted.
35.5
The amount of the fee
(a) the amount of the fee is a fixed tariff of fees
(b) rules of procedure fee is payable in the currency or one of the currencies prescribed
preliminary research for the international authority ("prescribed currency").
(c) where the prescribed currency is Swiss franc, converts the authority concerned
fee without delay to the International Bureau in Swiss francs.
(d) where the prescribed currency is a currency other than the Swiss franc, and this
currency:
(i) is freely convertible on the Swiss franc shall be determined by the Director-General for
each authority which prescribes the payment of the fee, currency
the equivalent amount of that fee in the prescribed currency in accordance with the
Assembly instructions. Institution shall transfer the amount in that currency without delay
To the International Bureau.
(ii) is not freely convertible on the Swiss franc, the authority responsible for the
the conversion of the charge from the prescribed currency to the Swiss franc, and
This charge shall immediately converts to the International Bureau in Swiss
francs, in the amount specified in the tariff of fees. The authority may also
recalculate the rules fee from the prescribed currency into euros or us
dollars and convert the International Bureau without delay, equivalent to the amount of the
fee in euros or us dollars, as referred to in point (i) shall determine the
the Director-General in accordance with the instructions of the Assembly.
35.6
The time limit for payment; the amount payable
(a) subject to paragraphs (b) and (c) the rules of fee payable to
one month from the date on which the proposal was submitted or 22 months from the date of
priorities, whichever time limit expires later.
(b) subject to paragraph (c), if the proposal was passed to the authority of the international
preliminary examination under rule 59.3, the meeting fee payable to the
one month from the date of receipt by that authority or 22 months from the date of
priorities, whichever time limit expires later.
(c) if the international preliminary examination authority in accordance with
rule 69.1 (b) wishes to start international preliminary examination at the same time
with international research, that authority shall invite the applicant to pay
of the fee within one month from the date of the call.
(d) the amount of the fee payable will be the amount applicable on the day of payment.
35.7
Return fee
The international preliminary examination authority returns the meeting fee
to the applicant:
(i) if the proposal is taken back before he was sent to this authority
The International Bureau or
(ii) if the proposal is regarded under rule 54.4 or 54bis. 1 (b)
America's ill-advised.
RULE 58
Fee for the preliminary examination
36.1
The right to charge a fee
(a) Each international preliminary examination authority may require that the
the applicant has paid the fee on his behalf ("fee for the preliminary
the survey ") for the execution of the international research and the performance of all
other tasks entrusted to international preliminary examination authorities
According to the Treaty and the implementing regulation.
(b) the amount of any fee for the international preliminary examination shall determine
authority for international preliminary examination. For the determination of the maturity
the international preliminary examination fee and the amount thereof shall apply
the rule concerning the charge of 35.6.
(c) the preliminary examination fee is payable directly to the authority for the international
a preliminary survey. If the authority of the national authority, shall be payable in the currency of
prescribed by that authority. If this authority is an intergovernmental organisation, is
payable in the currency of the State where the seat of the Organization, or in a different currency
freely convertible into the currency of that State.
36.2
cancelled
36.2
Return fee
International preliminary examination authorities shall inform the International Bureau of
the scope and terms of any repayment of amounts paid in the fee
in a preliminary survey in the case that the proposal be considered nepodaný, and
The International Bureau shall publish the information without delay.
RULE 58bis
Extension of time limits for payment of fees
58bis. 1
The challenge for the international preliminary examination authority
(a) If the international preliminary examination authority finds:
(i) that the amount paid to him is insufficient to cover the fee rules of procedure
and the fee for the preliminary examination; or
(ii) that he had not paid any fees until their maturity
under the rules of 35.6 and 36.1 (b);
the authority shall invite the applicant to pay the amount required to
cover those fees, together with, where applicable, the fee for late payment
in accordance with rule 58bis 2, within the time limit of one month from the date of the call.
(b) if the international preliminary examination authority sent a challenge based
paragraph (a) and the applicant within the time limit laid down in paragraph
failed to pay the full amount, or even a fee for late payment under
rule 58bis. 2, the proposal will be subject to paragraph (c) is considered
America's ill-advised and international preliminary examination authority about this issue
the resolution.
(c) any payment, which the international preliminary examination authority receives
before it sends the invitation under paragraph (a), shall be deemed to
to have been received before the time limit referred to in rule 35.6, or possibly
36.1 (b).
(d) any payment by the authority for the international preliminary examination
received before that authority proceeded in accordance with paragraph (b), the
considered to have been received before the expiry of the period referred to in paragraph (a).
58bis. 2
Fee for the late payment
(a) the payment of fees on the basis of calls under rule 58bis. 1 (a) may
be the authority for the international exploration of the subject of the charge for late payment
in his favor. The fee is:
(i) 50% of the unpaid fees referred to in the invitation or
(ii) if the amount calculated in accordance with (i) less than the meeting fee
amount equal to the negotiating fee.
(b) the amount of the fee for late payment, however, shall not exceed an amount equal to
twice the fee rules of procedure.
RULE 59
The competent authority for international preliminary examination
36.7
The proposals referred to in article 31 (2) (a)
(a) according to the provisions of article 31 (2) (a), each receiving Office
Contracting State bound the provisions of title II of the Treaty or authority active
for such a Contracting State, under the terms of the relevant agreement referred to in article
32 (2) and (3), inform the International Bureau, that authority for the international
preliminary examination is competent to carry out the international preliminary
survey of international applications that were submitted to him. International
the Office shall publish this information without delay. If the competent authorities for the
the international preliminary examination, shall apply mutatis mutandis the provisions of
rule 21.9.
(b) if the international application is filed with the International Bureau as in
the receiving Office in accordance with rule 19.1 (a) (iii), shall apply mutatis mutandis
the provisions of rule 21.9 (a) and (b). Paragraph (a) of this rule shall
not apply in the case where the International Bureau is receiving Office under
rule 19.1 (a) (iii).
59.2
The proposals referred to in article 31 (2) (b)
For proposals in accordance with article 31 (2) (b) gives the Assembly when determining authority
for international preliminary examination the competent for international applications
submitted to the national authority that is itself the authority for international
a preliminary survey, priority to this authority; If a national authority is not
alone, the international preliminary examination authority, the Assembly will give priority to
the institution recommended by that authority.
36.8
Transmission of the proposal to the competent authority for international preliminary examination
(a) if the proposal Is submitted to the receiving Office, the international authority of the
a search or international preliminary examination authority, which is not
responsible for the implementation of the international research international
application, that Office or authority shall mark the date when the draft proposal received
and if it decides to proceed under paragraph (f), transmit the proposal immediately
To the International Bureau.
(b) if the proposal has been submitted to the International Bureau, the International Bureau marks the
the proposal on the date when the proposal received.
(c) if the motion Is passed to the International Bureau under paragraph (a) or is
submitted to it pursuant to paragraph (b), the International Bureau shall promptly:
(i) if there is only a single competent authority responsible for the implementation of the international
the preliminary survey, shall refer the application to the authority and shall inform the
the applicant for or
(ii) If two or more institutions for international preliminary examination
relevant for the implementation of international research, the prompt
the applicant to announced within the time limit applicable under Rule 54bis. 1 (a)
or within 15 days from the date of call, whichever time limit expires later,
the competent authority for the international preliminary examination, which is to be the proposal
passed.
(d) if the information is presented according to the requirement of paragraph (c) (ii),
The International Bureau shall promptly transmit the proposal to the authority competent for the international
a preliminary survey referred to by the applicant. If no such notification
submitted, the proposal will be considered America's ill-advised, and the International Bureau of
It shall issue an order.
(e) if the motion Is passed to the authority competent for the international preliminary
the survey referred to in paragraph (c), it shall be considered submitted in
representation of this body in the date indicated on the proposal referred to in paragraph (a)
or, where appropriate, (b), and the proposal will be passed in this way this authority can be considered as
adopted in this marked the date.
(f) where an Office or authority to which the proposal was submitted by
paragraph (a), decides to pass the proposal directly to the authority competent for the
the international preliminary examination, paragraph (a) and (b) shall apply mutatis mutandis.
RULE 60
Some of the shortcomings of the proposal
37.3
The shortcomings of the proposal
(a) subject to paragraphs (a-bis) and (a-ter), if the design does not meet the
the requirements laid down in rules 53.1, 53.2 (a) (i) to (iii), 33.1 (b),
53.3 to 53.8 and 55.1, the international preliminary examination authority shall invite the
the applicant to remedy the deficiencies within a time limit which is reasonable
in the circumstances. This time limit shall not be shorter than one month from the date of the call.
May be extended by the international preliminary examination authority at any time
before taking a decision.
(a-bis) For the purposes of rule 53.4, if two or more
applicants will be sufficient, in order to be provided with the information referred to in
rule 4.5 (a) (ii) and (iii) for one of them who has the right to
the proposal under rule 54.2.
(a-ter) For the purposes of rule 53.8, in the case of two or more
applicants will be sufficient to submit an application signed by one of them.
(b) if the applicant fails to meet the challenge within the time limit referred to in paragraph (a), design
will be considered to have been adopted with the original filing date, provided that the
the proposal allows the identification of the international application; otherwise,
the proposal will be assessed as if it has been accepted on the date when the authority for
international preliminary examination received the fix.
(c) if the applicant does not comply with the invitation within the time limit referred to in paragraph (a),
the proposal will be assessed as if it has been submitted, and the authority for
the international preliminary examination shall issue an order about it.
(d) repealed
(e) if the International Bureau has been the lack of detected, alerts you to the
the lack of an international preliminary examination authority, which then
proceed as provided in paragraphs (a) to (c).
(f) if the proposal does not contain a statement concerning editing, the authority
for the international preliminary examination to follow rules 66.1 and 69.1
(a) or (b).
(g) if the Declaration contains information on editing, editing
under article 34 are submitted with the proposal [rule 33.5 (c)], but
in fact, no adjustments have not been submitted, the authority for
international preliminary examination the applicant to submit adjustments in
the time limit fixed in the invitation, and will proceed in accordance with rule 69.1 (e).
RULE 61
Notice of motion and options
61.1
Notification to the International Bureau and to the applicant
(a) the international preliminary examination authority shall mark the date of proposal
acceptance or, where applicable, the date referred to in rule 60.1(a) and (b). Authority for the
international preliminary examination immediately either to the International Bureau shall send the draft
and a copy shall be kept in its files, or send a copy of the international
the authority and the draft shall be kept in its files.
(b) the international preliminary examination authority shall immediately notify the applicant
date of adoption of the proposal. If the proposal is judged under rules 54.4,
34.3 (d), 58bis. 1 (b) or (c) 37.3 as if it has been submitted, the authority for
international preliminary examination it shall notify the applicant and to the international
the Office.
38.0
Message selected offices
(a) the report referred to in article 31 (7) shall submit to the International Bureau.
(b) the report shall bear the number and date of filing of the international
the application name of the applicant, the filing date of the application whose priority
is invoked (if the priority is applied), and the date of adoption of the proposal
authority for international preliminary examination.
(c) the report shall be sent to the elected Office together with the forwarding referred to in
Article 20. The choice made after this transfer shall be notified immediately
after they were made.
(d) if the applicant shall submit an express request of the elected Office pursuant to
Article 40 (2) before the international publication of the international application,
The International Bureau shall, at the request of the applicant or the elected Office, promptly
place the referral provided for in article 20 of that Office.
38.1
Information for the applicant
The International Bureau shall inform the applicant in writing of the report referred to in
rules and elected offices 38.0 notified pursuant to article 31 (7).
38.2
Publication in the
The International Bureau immediately following the submission of the proposal, but not prior to the international
the publication of the international application, publish in the Gazette a notice of
submission of the proposal and the relevant elected States, as referred to in
Administrative directive.
RULE 62
A copy of the written opinion of the international search authority, and editing by
Article 19 for the international preliminary examination authority
62.1
A copy of the written opinion of the international search authority, and editing
made before the filing of the application
After the adoption of the proposal or a copy thereof, from the international preliminary authority
the survey, the International Bureau shall promptly transmit to that authority:
(i) a copy of any written report made out under Rule 43bis. 1 if the
the national Office or intergovernmental organization that acted as the authority for
the international search, not also as authority for international preliminary
the survey, and
(ii) a copy of the adjustments referred to in article 19, any communication referred to in this
the article and the letter required by rule 46.5 (b) if the authority
announced that it has already received such a copy.
38.6
Edits made after the submission of the proposal
If at the time of the adjustment referred to in article 19 was already a proposal has been submitted,
the applicant must, preferably at the same time with the filing of the International
the Office, also be made by the authority for a copy of the international preliminary examination
These modifications, communication within the meaning of this article and of the letter of the desired
in accordance with rule 46.5 (b). In any case, the International Bureau shall promptly
forward a copy of these arrangements, communications and letter that authority.
RULE 62bis
A translation of any written report of the authority for international search for authority for the
international preliminary examination
62bis. 1
Translation and comments
(a) at the request of the international preliminary examination authority will be written
the opinion drawn up in accordance with Rule 43bis. 1, if it is not in English or
in a language accepted by that authority, translated into English by the international
authority or under its responsibility.
(b) the International Bureau shall transmit a copy of the translation to the international authority
preliminary examination within two months from the date of receipt of the request for translation, and
at the same time forward a copy to the applicant.
(c) the applicant may submit written comments concerning the accuracy of the
translation, a copy of the comments must be sent to the authority for international preliminary
survey, and the International Bureau.
RULE 63
Minimum requirements for international preliminary examination
39.2
The definition of minimum requirements
The minimum requirements referred to in article 32 (3) are the following:
(i) the national Office or intergovernmental organization must have at least 100
full-time employees, who have a sufficient
technical qualifications for carrying out the survey;
(ii) Office or organization must have at least the minimum documentation
referred to in rule 34, properly arranged for the purpose of the survey;
(iii) the Office or organization must have a staff able to carry out the survey in
the required technical fields and with language skills at least those
the languages in which it is written or is translated to the minimum
the documentation referred to in rule 34.
(iv) that Office or organization must have in place a quality management system
and ensure the internal review in accordance with the General rules
international research;
(v) that Office or organization must act as an authority for
the international search.
RULE 64
Known state of the art for international preliminary examination
39.8
Known status
(a) For the purposes of article 33 (2) and (3) the known state of the art everything
It is made available to the public anywhere in the world in the written materials
(including drawings and other illustrations), provided that the making available to
prior to the relevant date.
(b) For the purposes of paragraph (a) the record date means:
(i) subject to items (ii) and (iii) the date of filing of the international international
the application, which is in the international preliminary survey;
(ii) where the international application, that is, in the international
the preliminary survey, the priority of an earlier application and has a date
the international administration, which is in the priority period, the filing date of such
the previous application, if the international preliminary authority survey
does not consider the application of priorities;
(iii) where the international application, which is in the international
the preliminary survey, the priority of an earlier application and has a date
the international administration, which is later than the date on which the elapsed
the priority period but is within two months from such date, the date of
the submission of such earlier application, unless the authority for international
a preliminary exploration of the application of priority shall not be considered to be invalid for reasons of
other than the fact that the international application has a date
the international administration, which is later than the date on which the elapsed
the priority period expired.
64.2
Nepísemné publication
In cases where a disclosure was an oral communication,
by using, or other ways to enliven the nepísemnými ("nepísemné
the publication of "), and the date of such publication of nepísemného is shown in the
a written disclosure which has been opened to the public on the date that
is the same as or later than the record date, the publication of the nepísemné
not considered part of the known state of the art for the purposes of article 33 (2) and
(3) international preliminary report on the survey, however, such
nepísemné publication of the alert, in the manner prescribed in rule 44.1.
40.0
Some published papers
In cases where an application or patent, which would be known
State of the art for the purposes of article 33 (2) and (3), if it was published before the
the relevant date referred to in rule 64.1 was published on a date which is
the same as or later than the record date, but from the front of the applicable
date, or-if the priority of an earlier application which
was filed before the relevant date shall not constitute publication
application or patent to be part of a known state of the art for the purposes of
Article 33 (2) and (3). International preliminary report on the survey, however,
Yet such application or patent alerts the way laid down in
rule 70.10.
RULE 65
Creative solution, or a solution that is not obvious
40.5
An assessment of the known state of the art
For the purposes of article 33 (3) of the international preliminary examination shall take into account
the relationship of each individual claim to a known state of the art as to
the whole. Taking into account the relationship of the right not only to individual documents or
their parts separately under consideration, but also its relationship to the combination of
such documents or parts thereof, where such combinations for
expert.
65.2
The record date
For the purposes of article 33 (3), the material date for the assessment of creative solutions
(a solution that is not obvious) the date referred to in rule 39.8.
RULE 66
The procedure before the international preliminary examination authority
41.1
Basis of the international preliminary survey
(a) subject to paragraphs (b) to (d) shall be the international preliminary
the survey is based on the international application as filed.
(b) the applicant may submit modifications pursuant to the provisions of article 34 in
the time of filing the application, or, subject to rule 41.3 bis before
drawn up by the international preliminary report on the survey.
(c) the adjustments referred to in article 19, made before the application is submitted,
must be taken into account for the purposes of the international preliminary survey
If they are not replaced or repealed by editing under the provisions of article 34.
(d) the adjustments referred to in article 19, made before the application is submitted, and
adjustments under article 34 submitted to the international preliminary authority
the survey shall be, subject to rule 41.3 bis for the purposes of the international
the preliminary survey, taken into account.
(d-bis) Rectification of obvious error that is approved in accordance with rule 56.6
must be subject to rule 41.3 bis, taken into account by the authority for the
for the purposes of international preliminary examination international preliminary
the survey.
(e) proposals relating to inventions in respect of which has not been executed
no international search report need not be the subject of international
the preliminary survey.
66.1 bis
The written opinion of the international search authority
(a) subject to paragraph (b), the written opinion established by the authority for the
international search in accordance with Rule 43bis. 1 will be considered to be a written
the opinion of the international preliminary examination authority for the purposes of the rules
41.1 (and).
(b) the international preliminary examination authority may notify the International
Bureau that paragraph (a) does not apply to the procedure before it in respect of written
reports drawn up in accordance with Rule 43bis. 1 authority for international
a search or the authorities referred to in the notice, such notice
does not apply to cases where the national Office or intergovernmental organization which
Act as an authority for international search, also acting as the authority for
the international preliminary examination. The International Bureau shall publish such immediately
the notice in the Gazette.
(c) where the written opinion established by the international search authority
in accordance with Rule 43bis. 1 is not on the basis of a notification under paragraph (b)
considered to be a written opinion of the international preliminary examination authority
for the purposes of rule 41.1 (a), the international preliminary examination authority it
be notified in writing to the applicant.
(d) the written opinion established by the international search authority
Rule 43bis. 1, which is not on the basis of a notification under paragraph (b)
considered to be a written opinion of the international preliminary examination authority
for the purposes of rule 41.1 (and), it will still be taken into account by the authority for the
the international preliminary examination when the proceedings under rule 41.1 (and).
41.1 ter
Additional research ("Top-up" searches)
The international preliminary examination authority shall draw up a search (top-up
Search ") to find documents listed in rule 64, which were
published or available to that authority for the purposes of research after
the date on which the international search report has been drawn up, subject to
considered that such a search would serve no useful purpose. If
authority finds that any of the situations referred to in article 34 (3)
or (4) or in accordance with rule 66.1 (e), the top-up search cover
only to those parts of the international application, which are the subject
international research.
41.1
The written opinion of the international preliminary examination authority
(a) if the international preliminary examination authority:
(i) considers that a situation referred to in article 21.4;
(ii) it considers that the report on the international preliminary survey should be
negative, as regards some of the claims because the invention claimed therein
It is not new, does not include creative solutions (not obvious that exists) or not
industrially usable;
(iii) deficiencies in the form or contents of the international application
under this agreement, or of the implementing regulation;
(iv) considers that any adjustment exceeds the range of the substance of the international
the application as filed,
(v) wants to join the international preliminary report survey
observations on the clarity of the claims, the description and the drawings, or the question
whether the claims have full support in the description, it shall inform that authority in writing
to the applicant. If the national law of the national Office, which
acting as the authority for international preliminary examination, does not allow
multiple dependent claims have been compiled in a manner different from that
that is mentioned in the second and third sentences of rule 6.4 (a), the authority for
preliminary international survey apply article 34 (4) (b), if they are not
These claims as follows. In this case, the authority shall
shall notify the applicant
(vi) considers that a claim relates to an invention in respect of which it was not
no international search report obtained, and decided to take
international preliminary examination in respect of that claim, or
(vii) considers that a nucleotide sequence listing and/or amino acid does not
available in such a form that it can be made of the international
preliminary examination, the authority shall inform in writing the said applicant.
If the national legislation of the national authority as the authority for working
international preliminary examination does not allow multiple dependent
claims have been compiled in a manner different from the one that is listed in the
the second and third sentences of rule 6.4 (a), the authority may for the international
a preliminary survey, in case that is not used this way in the Assembly
claims, apply article 34 (4) (b). In this case, the authority
shall inform the applicant in writing.
(b) the communication contains the full extent of the preamble to the opinion of the authority
the international preliminary examination.
(c) the communication contains a call to the applicant to submit a written
reply and, where appropriate, adjustments.
(d) the notification shall fix a deadline for a response. The time limit must be reasonable
in the circumstances. Usually will be two months from the date of the communication. In any case,
shall not be less than one month from the said date. Must be at least
two months from that date, if the international search report
transmitted simultaneously with the communication. Subject to paragraph (e) shall not be longer
than three months from that date.
(e) the time limit for a response to the communication may be extended, provided that
the applicant so requests before its expiration.
41.2
Proper response body for international preliminary examination
(a) the applicant may respond to the challenge of the authority for the international
preliminary examination under rule 41.1 (c) and the circumstances of the case by
make adjustments or disagrees with the opinion of the authority, the
reasons, or both ways.
(b) the response shall be submitted directly to the authority for international preliminary
survey.
41.3
The additional opportunity to make adjustments or reasons
(a) the international preliminary examination authority may issue one or more
additional written opinions, and rules 66.2 and 66.3 shall apply.
(b) at the request of the applicant authority may be for international preliminary
survey to provide one or more additional options for submission to the
editing or reasons.
41.3 bis
Considering the edits, the reasons and remedies of obvious error
Edit, the reasons and remedies of obvious error may not be taken by the authority for the
international preliminary examination into account for the purposes of a written opinion or
international preliminary report on the survey provided by the
accepted, approved or notified to that authority, as the case may, after
This body began to draw up this opinion or report.
41.3
Edit
Any change, other than the rectification of obvious error, in the claims, the description or
the drawings, including the deletion of claims, omission of passages in the description or
the omission of certain drawings, shall be considered as an adjustment.
41.4
Informal contact with the applicant
The international preliminary examination authority may at any time contact with
by the applicant informally, over the telephone, in writing or in a personal
the interview. The said authority shall decide whether the discretion, at the request of
the applicant shall authorise the more personal conversations, or whether it will respond to
informal written communication from the applicant.
41.4
Copy and translation of earlier application whose priority is claimed
(a) If the international preliminary examination authority needs a copy of the
the previous application whose priority is claimed in the international
application, the International Bureau shall, on request, a copy of the supplies immediately. If
This copy is not delivered to the institution for international preliminary examination,
Since the applicant has not complied with the requirements of rule 17.1, and if that
the earlier application has not been submitted to the authority acting as
the national Office or the priority document is not available to that authority from
Digital Library in accordance with Administrative Directive, can be
drawn up by the international preliminary report on the survey, as if to
the application of priorities did not occur.
(b) if the application whose priority is claimed in the international
the application, in a language other than the language or one of the languages of the authority
for international preliminary examination, the authority shall invite the
the applicant to file a translation in the language, or in one
from the respective languages within two months from the date of the invitation. If within this period
translation, you can message on international preliminary survey
process so as to prevent the application of the priority.
41.5
Form editing
(a) subject to paragraph (b), the applicant when you edit the description or
submit a replacement sheet of drawings for each sheet of the international application,
that is due to editing differs from the sheet originally filed. To
the replacement sheet or sheets will be accompanied by a letter indicating the differences
between any and spare sheets, setting out the basis on which to
editing in the application has been submitted, and if possible, also explaining the reasons
editing.
(b) if the modification consists in the deletion of passages or in
smaller amendments or additions, the replacement sheet referred to in paragraph (a)
can be a copy of the current sheet of the international application containing the changes
or additions, provided that they do not adversely affect the clarity and
eligibility for direct reproduction. If any modification is to cancel
the entire worksheet, enter such an adjustment in the letter, which also
explain the reasons for the Edit.
(c) when you modify the claims rule 46.5 shall apply mutatis mutandis. File
claims submitted under rule 46.5, how it can be applied on the basis of
This paragraph will be replaced with any claims filed or initially
previously adjusted under article 19 or 34.
RULE 67
Subject matter under article 34 (4) (a) (i)
41.7
The definition of
Authority for international preliminary examination is not required to make
international preliminary examination of the international application in so far as they are
its subject:
(i) scientific and mathematical theories;
(ii) varieties of plants or animals, or essentially biological procedures for the
the production of plants and animals and the products of these procedures, unless it is a
microbiological processes and products;
(iii) plans, rules or methods of business activity, performance purely
mental acts or the operation of the games;
(iv) surgical and therapeutic methods for the treatment of humans and animals, as well as
as well as diagnostic methods;
(v) the mere placing of the information;
(vi) computer programs to the extent that if the authority for international preliminary
the survey is not equipped to carry out the international preliminary survey on
These programs.
RULE 68
Lack of unity of invention (international preliminary examination)
42.3
Without prompting, to restrict or pay
If the international preliminary examination authority finds that the requirement of
unity of invention is not complied with, and if the applicant does not prompt you to limit the
the claims or to pay additional fees, performs international
a preliminary survey, subject to article 34 (4) (b) and rule 66.1 (e)
international application as a whole, but indicate in a written report and in the
international preliminary report on the survey, it is considered that the requirement of
unity of invention is not fulfilled and the reasons for this feedback.
42.4
Invitation to restrict or pay
Where the international preliminary examination authority, that has not been fulfilled
the requirement of unity of invention, and chooses to invite the applicant
at its option, either to restrict the claims or to pay additional
fees, must in the call:
(i) specify at least one possibility of restriction which, in the opinion of the authority
for international preliminary examination match the valid request;
(ii) state the reasons why the international application considered
non-compliant request, the unity of the invention;
(iii) invite the applicant to comply with the invitation within one month from the
data challenges;
(iv) indicate the amount of the required additional fees to be
paid, if the applicant decides as follows; and
(v) invite the applicant to pay, where applicable, the fee for a complaint
referred to in rule 42.4 (e), within one month from the date of the challenge, and
indicate the amount you need to pay.
42.4
Additional charges
(a) the amount of the additional fees for the international preliminary examination in accordance with
Article 34 (3) (a) the competent authority for international preliminary
survey.
(b) the additional fees for the international preliminary examination pursuant to article
34 (3) (a) is paid directly to the international preliminary examination authority.
(c) the applicant may pay the additional fees with the complaint, to which
connects a reasoned statement affirming that the international application is, in accordance
with the requirement of unity of invention or that the amount of the required
additional fees is excessive. This complaint review
authority established under the authority of the international preliminary examination, which
in so far as it finds that the complaint was justified, it decides on the total or
a partial refund of the additional fee to the applicant. At the request of
the applicant, how the text of the complaint, so a decision on it shall notify the
the elected offices as an annex to the report on the international preliminary
the survey.
(d) the membership of the review body referred to in paragraph (c) may
apply to the person who issued the decision contested complaints, but
shall not be limited only to the appellant.
(e) the review of a complaint referred to in paragraph (c) may be subject to a fee of
authority for international preliminary examination, the fee for the
the complaint. If the applicant fails to pay within the time limit referred to in rule
42.4 (in) the required fee for the complaint, the complaint shall be deemed for the
nepodanou and international preliminary examination authority. Fee
in the complaint the applicant returns, if the review body referred to in
paragraph (c) finds that the complaint was fully justified.
42.5
Procedure in the case of insufficient restriction of the claims
If the applicant restricts the claims, however, although not sufficiently to meet the
the requirement of unity of invention, the authority shall proceed to the international
a preliminary survey in accordance with article 34 (3) (c).
42.6
The main invention
In case of doubt which invention is the main invention for the purposes of
Article 34 (3) (c), is considered to be an invention referred to in the first
the site for the main invention.
RULE 69
Begin and the time limit for international preliminary examination
42.9
The start of the international preliminary survey
(a) subject to paragraphs (b) to (e), the international preliminary authority
the survey will launch the international preliminary examination, if available
all of the following things:
(i) the proposal;
(ii) the amount due (in full) for the Conference fee and the fee for the
a preliminary survey, including the fee for late payment under
rule 58bis. 2; and
(iii) either the international search report or a resolution authority for
international search drawn up pursuant to article 17 (2) (a), that will not be made no
the international search report, written opinion and based on the
Rule 43bis. 1;
provided that the international preliminary examination authority has not started
the international preliminary examination before the expiration of the relevant period referred to in
Rule 54bis. 1 (a), if the applicant expressly requests an earlier
begin.
(b) if the national Office or intergovernmental organization, acting as
authority for international search, acting as international authority
a preliminary survey, the international preliminary examination may start, if you
the national Office or intergovernmental organization wish to and subject to the
paragraphs (d) and (e), together with the international search process.
(b-bis) If, in accordance with paragraph (b) the national Office or intergovernmental
the Organization, which acts as the authority for international search as well as the authority
for international preliminary examination, wishes to start the international
preliminary examination at the same time with the international search and considers that all
the conditions referred to in article 34 (2) (c) (i) to (iii) are met, this
the national Office or intergovernmental organization need not, in its function as
authority for international search, producing a written opinion under rule
43bis. 1.
(c) If a declaration concerning the modification contains an indication that they are to be
taken into account the arrangements under article 19 [rule 24.1 (a) (i)], the authority for
international preliminary examination does not start the international preliminary examination
previously, until it has received a copy of the edit in question.
(d) If a declaration concerning the modification contains an indication that the start of
international preliminary survey should be delayed [rule 53.9 (b)]
the international preliminary examination authority does not start the international preliminary
Survey:
(i) the receipt of a copy of the adjustments made under article 19;
(ii) the receipt of a notice from the applicant that he does not wish to make adjustments
in accordance with article 19; or
(iii) the expiration of the time limit under rule 46.1; Depending on what
is the earlier.
(e) If a declaration contains information on editing, editing
under article 34 are submitted with the proposal [rule 33.5 (c)], but
in fact, such adjustments have not been submitted to the authority does
international preliminary examination international preliminary examination before the
before you receive an adjustment or before expiry of the period laid down in the invitation referred to in
rule 60.1 (g), whichever is the sooner.
43.0
Time limit for international preliminary examination
The time limit for the completion of the international preliminary report on the survey will be
any of the following time limits, whichever expires last:
(i) 28 months from the priority date; or
(ii) six months after the period referred to in rule 69.1 for the start of
international research; or
(iii) six months from the date on which the international preliminary examination authority
receives a translation supplied under rule 55.2.
RULE 70
International preliminary report on patentability prepared by the authority for the
the international preliminary examination (report on international preliminary
the survey)
43.6
The definition of
For the purposes of this rule, the term "report" means the report on
international preliminary survey.
70.2
Base messages
(a) if it has to adjust claims based on the modified report claims.
(b) if under rule 27.1 (a) or (b) the report is processed,
as to the application of the priority, it must be put in it.
(c) if the international preliminary examination authority considered that some of the
the adjustment is beyond the scope of the invention in the filing of international applications,
processes the message as if to edit there, and it shall be indicated in the message.
Indicate the reasons why, in his opinion, exceeds the range adjustment.
(c-bis) If the claims, description or drawings prepared, but replacement
sheet or sheets was not accompanied by a cover letter indicating what
the basis for the adjustment in the application has been submitted, as required in rule
28.9 (b) (iii) how to rule 46.5 (b) (iii) to use based on the rules
41.5 (c) or rule 41.5 (a), the message can be drawn up as if to
There has been no adjustment, and in this case, this will be indicated in the
the message.
(d) where claims relate to inventions, which has not been processed
the international search report and, therefore, are not subject to international
the preliminary survey, it must be in the report concerning the international preliminary
the survey indicated.
(e) if it is taken into account in the axle of obvious error under rule
41.1, this must be included in the report. If the remedy obvious error
is not taken into account on the basis of rule 41.3 bis, it must be, if it is
possible, the report stated, otherwise it authority for the international
preliminary examination shall notify the International Bureau accordingly and the international
the authority will proceed as indicated in the Administrative Directive.
(f) the report shall state the date on which it was performed top-up searches by
Rule 41.1 ter or that has not been made, no top-up searches.
70.3
Mark
In the message must be marked with the international preliminary examination authority,
that it has processed, indicating the name of such authority, and the international
application for a statement of its numbers, the names of the applicant and the date of
the international administration.
43.7
Data
The report shall contain:
(i) the date on which the proposal was submitted; and
(ii) the date of the report; This is the date when the report was completed.
70.5
Classification
(a) the report shall indicate the classification again under rule 43.3 If the
authority for international preliminary examination with this classification agrees.
(b) otherwise, shall indicate the authority for the classification of the international preliminary examination,
as it deems proper, at least according to the international patent
sorting.
43.9
Indication referred to in article 35 (2)
(a) the information referred to in article 35 (2) consists of the words "Yes" or "no" or
the corresponding words in the language of the message, or some suitable tags set
in the Administrative directives, which connects any citations,
explanations or comments pursuant to the last sentence of article 35 (2).
(b) if not satisfied any of the three criteria referred to in article 35 (2)
i.e.. novelty, a creative solution (not obvious labels) and industrial
usability, the opinion is negative. If in this case
only some of the criteria, it shall be indicated in the message.
43.9
Quotations in accordance with article 35 (2)
(a) the report contains the citation of the documents that are relevant to the support
the conclusions made under article 35 (2), whether or not these
the documents cited in the international search report. Documents cited in the
the international search report may be cited in the report only
If they are considered authority for international preliminary examination under the
serious.
(b) the provisions of rule 43.5 (b) and (e) also applies to the message.
44.0
Explanations under article 35 (2)
Administrative directives contain instructions for cases in which it is, or
explanations are not necessary within the meaning of article 35 (2), and the form of such
the explanation. These guidelines shall be governed by the following principles:
(i) explanations shall be indicated whenever the opinion of any one claim
negative;
(ii) explanations shall be indicated whenever the opinion is positive, unless it has been
any material quoted from the reasons of easily identifiable by consulting
of the cited material;
(iii) explanation is usually indicate, in the case referred to in the last sentence of
rule 43.9 (b).
44.1
Nepísemné publication
The publication of the Nepísemné contained in the message in accordance with rule 64.2 shall indicate
the designation of the species, the date on which the written disclosure with the excuse of nepísemném
publication was made available to the public, and the date on which this
nepísemnému publication has occurred.
70.10
Some published papers
Each publication of the application and any patent referred to in the report referred to in
rule 64.3 shall be indicated as such and connects with an indication of the date of their
the publication, the date of filing and, where applicable, claimed priority. With regard to the
date of priority, the report noted that the priority was not
the opinion of the international preliminary examination authority exercised lawfully.
70.11
The mention of editing
If the international preliminary examination authority for adjustments
It shall be indicated in the message. If there have been modifications to the entire
a worksheet, specify it in the message.
70.12
The mention of certain deficiencies, and other matters
If the international preliminary examination authority considered that, at the time of
preparation of the report:
(i) the international application contains any deficiency within the meaning of
rules 66.2 (a) (iii), enter it in the report on the grounds;
(ii) the international application requires a connection of the comments referred to in
Rule 41.1 (a) (v), this may indicate in the message, and if they do,
a must for your feedback in the report to state reasons;
(iii) there is one of the situations referred to in article 34 (4), it shall state this opinion
and the preamble to it in the report;
(iv) is not available, listing the sequence of nucleotides and/or amino acids in
such a form that it can be made, the international preliminary
the survey, indicating that in the message.
70.13
Remarks concerning unity of invention
If the applicant paid additional fees for the international
preliminary examination, or if the international application or
international preliminary examination be limited in accordance with article 34 (3), it shall be
in the message. Where the international preliminary examination was carried out only on the
Limited claims [article 34 (3) (a)], or on the main invention only [article
34 (3) (c)], the report shall indicate what parts of the international application have been
and which parts of the international application has not been subject to international
the preliminary survey. The report shall contain the information referred to in rule 68.1,
If the international preliminary examination authority did not require
the applicant to restrict the claims or to pay additional fees.
70.14
Authorised officer
The report shall state the name of the official authority for international preliminary
the survey, which is responsible for this report.
70.15
Form; the title of the
(a) the requirements for the outer form of the message adjust Administrative Directive.
(b) the report shall bear the title "international preliminary report on
patentability (chapter II of the Patent Cooperation Treaty) "together with
an indication that it is a report on the survey, the completed international preliminary
authority for international preliminary examination.
70.16
Attachment to the message
(a) the report shall be accompanied by the following replacement sheets and letters:
(i) each replacement sheet under rule containing the edit by 41.5
Article 34 and letters under rule 41.5 (a), the rules of 41.5 (b) and
rule 46.5 (b) how it can be used according to rules of 41.5 (c)
(ii) each replacement sheet under rule 28.9 containing arrangements under
Article 19 and every letter in accordance with rule 46.5, and
(iii) each replacement sheet under rule 26.4, how it can be used by
rule 91.2, containing the correction of obvious error, to which that authority
He agreed under rule 56.6 (b) (iii), and each letter in accordance with rule 16.4
How to use under rule 91.2; If such a replacement sheet was not
replaced or considered withdrawn later the replacement sheet or
by editing the resulting from the deletion of the whole sheet referred to in rule 41.5 (b), and
(iv) if the message contains a communication under rule 70.2 (e), each sheet and
a letter concerning the remedy obvious error that is not taken into account
pursuant to rule 41.3 bis.
(b) Notwithstanding paragraph (a), each replacement sheet the replaced or cancelled
referred to in this paragraph and the letter referred to in this paragraph concerning
This replaced or repealed sheet must also be connected to the
report if:
(i) the international preliminary examination authority considers that the relevant
the replacement or repeal modification is beyond the scope of the invention in
the international application as filed and the report contains the communication referred to in
rule 70.2 (c),
(ii) the replacement or repeal modification was not accompanied by a letter
setting out the basis for the adjustment in the application as filed and the report is
drawn up as if to edit there and contains the communication referred to in
rule 70.2 (c-bis).
In this case, it will be replaced or canceled the replacement sheet marked so
as stated in the Administrative Directive.
No 70.17
Languages, messages and attachments
The message and all attachments are in the language in which the international
the application relating to published, or if the international
preliminary research is carried out, pursuant to rule 55.2, on the basis of the translation
of the international application, in the language of that translation.
RULE 71
Presentation of the report on the international preliminary survey
44.2
Recipients
The international preliminary examination authority shall transmit the same day one
copy of the international preliminary report on the survey to the international
the Office and one copy to the applicant, including any attachments.
44.2
Copies of cited materials
(a) the request referred to in article 36 (4) may be submitted at any time after a period of seven years
from the date of filing of the international application international, which will report on
international preliminary survey refers to.
(b) the international preliminary examination authority may by participant
(the applicant or the elected Office), which made the request, ask for the reimbursement of
the costs of obtaining and sending the copies. The amount of costs for the provision of adjusted
the agreement referred to in article 32 (2) concluded between the authority of the international
a preliminary survey and the International Bureau.
(c) each institution for international preliminary examination, which does not wish to
send copies of any elected Office directly, send a copy of
The International Bureau and shall proceed in accordance with paragraph (a) and (b).
(c) each institution for international preliminary examination can their duties
referred to in paragraph (a) to (c) through other offices,
that responsibility against him.
(d) any international preliminary examination authority may exercise its
the obligations referred to in paragraphs (a) and (b) through the other offices,
that responsibility against him.
The RULE of 72
A translation of the international preliminary report on the survey and written report
authority for international search
44.8
Languages
(a) any elected State may require that the report on the international
the preliminary survey, processed in a language other than the official language or
one of the official languages, of its national Office, has been translated into
English.
(b) such a request shall be notified to the International Bureau, that it
without delay publish a notice in the Gazette.
44.9
Copy of translation for the applicant
The International Bureau shall transmit a copy of the translation referred to in rule 44.8 (and) reports on
international preliminary exploration to the applicant together with the assignment of
This translation to the competent authority or authorities selected.
UR72.2.bis
A translation of any written report of the authority for international search made out
in accordance with Rule 43bis. 1
In the case referred to in rule 73.2 (b) (ii) a written opinion is drawn up
authority for international search in accordance with Rule 43bis. 1 will be at the request of
the competent authority selected translated into English by the International Bureau
or under its responsibility. The International Bureau shall transmit a copy of the translation
the relevant selected Office within two months from the date of receipt of the request
translation and at the same time forward a copy to the applicant.
44.9
Observations on the translation
The applicant may submit written comments concerning the accuracy of the
translation of international preliminary reports on a survey or a written
assessment instrument for international search authority under rule
43bis. 1, a copy of the comments must be sent to each of the interested
elected offices and the International Bureau.
RULE 73
Presentation of the report on the international preliminary survey, or written
authority for international search opinion
45.4
Preparation of copies
The International Bureau shall prepare the documents to be transmitted in accordance with article 36 (3)
(a).
73.2
Pass the selected offices
(a) the International Bureau shall effect the communication provided for in article 36 (3) (a)
each elected Office in accordance with Rule 93bis .1, but not
before the expiration of 30 months from the priority date.
(b) if the applicant shall submit an express request of the elected Office pursuant to
Article 40 (2), the International Bureau shall, at the request of that Office or
of the applicant,
(i) if the international preliminary report on the survey has already been forwarded to the
To the International Bureau under rule 71.1, promptly carried out communication
referred to in article 36 (3) (a) the Office;
(ii) if the international preliminary report on the survey was sent to the
To the International Bureau under rule 71.1, promptly forward a copy of the written
assessment instrument for international search authority under rule
43bis. 1 at that Office.
(c) where the applicant has withdrawn the proposal, or some or all of the
Select the communication referred to in paragraph (a) will still be carried out
elected Office or offices that are in such a withdrawal back to the affected
If the International Bureau received a report of international preliminary
the survey.
RULE 74
A translation of the annexes to the international preliminary report on the survey and its
the submission of the
46.0
The contents of translation and time limit for the submission of
(a) if the selected Office presentation of the translation of the international application
in accordance with article 39 (1), the applicant shall submit, within the time limit referred to in article 39
(1) the translation of any replacement sheet referred to in rule 70.16 and
attached to the report for the international preliminary examination of such
the sheet is in the language of the required translation of the international application. The same
the time limit shall apply even if the submission of the translation of the international
the application chosen authority must be made on the Declaration referred to in
Article 64 (2) (a), (i) within the time limit under article 22.
(b) if the submission referred to in article 39 (1) of the translation of the international
application is not chosen by the authority requested, the said Office may require the
the applicant to file, within the time limit referred to in this article, translation into the
the language in which the international application was published, each
replacement sheet referred to in rule 70.16 which is presented to the report on
international preliminary survey and is not in that language.
RULE 75
cancelled
RULE 76
Copy, translation and fee under article 39 (1), a translation of the priority
document
47.3
cancelled
76.2
cancelled
47.4
cancelled
47.5
The time limit for translation of priority document
The applicant is not obliged to submit to any elected Office a translation of the
the priority document before the expiry of the period referred to in article 39.
47.5
Application of certain rules in the procedure before the elected offices
Rule 13ter. 3, 12.9 (c) 13.7 (g), 47.1, 49, 49bis, 49ter and 51bis shall
shall apply, provided that:
(i) the designated Office shall, where appropriate, the designated State shall be considered as elected Office
Alternatively, for a selected state;
(ii) any reference in the said rules to article 22, article 23 (2) or
Article 24 (2) shall be interpreted as a reference to article 39 (1), article 40 (2) or
Article 39 (3),
(iii) the words "international application", referred to in rule 49.1 (c)
are replaced by the words "claims filed by";
(iv) for the purposes of article 39 (1), if the message has been drawn up on the
international preliminary survey, the translation adjustments under article 19
required only if this adjustment is attached to the message;
(v) the reference in rule 47.1 (a) to rule 47.4 shall be understood as a reference to
rule 61.2 (d).
RULE 77
Permissions pursuant to article 39 (1) (b)
47.9
The performance of the permissions
(a) any Contracting State which provides for a longer period than the period
provided for in article 39 (1) (a), it shall notify the following deadline
To the International Bureau.
(b) notifications that occurred to the International Bureau under paragraph (a),
the International Bureau shall publish in the Gazette without delay.
(c) notification of the shortening of the previously fixed time limit applies to proposals submitted
After the expiration of three months from the date when the notice was published.
(d) notification of the extension of the earlier deadline applies from the date when the
The International Bureau shall publish a notice in the Gazette for the proposals that are at that time
in the proceedings, and for the proposals at a later time, unless a Contracting State shall
a later effective date of the notification.
RULE 78
Adjustment of the claims, description and drawings for elected offices
48.5
The time limit
(a) the applicant, if he so wishes, shall exercise the right under article 41 to
adjustment of the claims, description and drawings to the competent authority within selected
one month from the fulfilment of the requirements referred to in article 39 (1) (a),
provided that, if the presentation of the report on the international preliminary
the survey referred to in article 36 (1) does not occur within the period applicable under
Article 39 of the said law shall be applied no later than four months after this
the time limit. In any event, the applicant may exercise the said right
at any time, if permitted by national legislation of the competent
State.
(b) in every State in which the national law provides that the
the survey is initiated only on special request, the national
legislation may provide that the period or the period within which the applicant may
to exercise the right under article 41, it will be the same as those set by the
national legislation for submission to the adjustments for the survey of the national
applications on specific request, provided that such time limit elapsed,
or such period does not occur before the expiry of the period referred to in paragraph (a).
48.6
(cancelled)
48.7
Utility models
The provisions of rules 6.5 and 13.5 shall apply mutatis mutandis for the elected offices.
If there is an election before the expiry of 19 months from the priority date, a reference to the
the time limit under article 22 is replaced by a reference to the time limit under article 39.
PART (D)
Rules relating to title III of the Treaty
RULE 79
Calendar
49.2
Dating
Applicants, national offices, receiving offices, international authorities
Search and for the international preliminary examination by the International Bureau and the receiving
for the purposes of the Treaty and the implementing regulation of the data by the Christian
era and the Gregorian calendar; If other dates
or calendars, including details of the Christian era and the Gregorian
the calendar.
Rule 80
Calculation of time limits
49.8
The annual time periods
The period shall be one year or a certain number of years, counting
time begins on the day following the date on which the operative event occurred,
and the period shall expire in the relevant subsequent year, in the month that you want
the same name and on the day which has the same number as the month and the day on which
the operative event occurred; If this is not the same number, month day
period ending on the last day of that month.
49.8
Monthly time periods
The period shall be one month or a certain number of months,
computation of time begins on the day following the date on which occurs the event
the fact and has passed in the next month, day,
that has the same number as the day on which the relevant event occurred;
If such a month day the same number, the period shall expire on the last day
This month.
49.9
Daily time periods
If the period provided for a certain number of days, computation of time begins on the day
following the date on which the operative event occurred, and the period shall expire
on the day which is the last in the number of.
50.0
Local data
(a) the material date for the beginning of the counting of the time is the date that applies in
a specific point in time when the event occurred
(b) the date on which the period expires, the date that is valid in the place where the
You must submit the required proof or pay the required fee.
50.0
Expiry of the period in a non-working day or official holiday
If the expiry of the period during which any document or fee must reach
to the national Office or intergovernmental organization falls on a day:
(i) on which such office or organization is not open to the public for
the purpose of the handling of official Affairs;
(ii) when the ordinary mail is not delivered in the place where the Office or
the organization is located;
(iii) which, where such office or organization is situated in more than
one place, is an official holiday in at least one of the places in which
such office or organization is situated, and in circumstances where the national
the right used by this Office or organization provides, due to the
national applications, that, in such a case, such period shall expire in the
the following day; or
(iv) which, where such Office is the Government authority of a Contracting State
entrusted with the granting of patents, is an official holiday in part of that
Contracting State, and in cases where national law used by this
the Office provides national applications, that, in this case
such time limit shall expire on the following day;
the deadline expires next following the date on which all four top
these cases fell away.
50.1
Date of documents
If the period begins on the date on which a document or letter dated
narrated from the national Office or intergovernmental organization, any
the party who has the legal interest, to demonstrate that such a document or
the letter was given to the post later, and in that case, the date of
the actual administration of the post shall be deemed, for the computation of time for the
the date when the period begins. If the applicant shall submit, regardless of the
the date on which that document or letter was filed to a carriage,
the national Office or intergovernmental organization of satisfactory evidence that the
the document or letter came after more than seven days from the date on which the
dated, the national Office or intergovernmental organization of the period
assess as that about the same number of days later that
beyond the seven days of the date on which the document or letter dated to
the date on which he reached.
50.1
The end of the working day
(a) the period, through a specific date, at a time when the national
the Office or intergovernmental organization, where it must be filed or
fee, ending business hours.
(b) any Office or organization can the provisions in paragraph (a)
to extend the effective date until midnight.
(c) cancelled
RULE 81
To change the time limits laid down by the Treaty
50.4
A proposal from the
(a) any Contracting State or by the Director General may propose amendments to the time-limits
pursuant to article 47 (2).
(b) the proposals of States parties shall be submitted to the Director.
81.2
A decision taken by the Assembly
(a) to decide on the proposal of the Assembly, the Director-General shall send its
text to all Contracting States at least two months before the meeting
The Assembly, on whose show the proposal will be included.
(b) when discussing the proposal to the Assembly of the proposal can be amended or
designed by subsequent changes.
(c) the proposal is accepted, if none of the Contracting States present in
time of voting against him shall not vote.
50.5
Postal vote
(a) has to be written, the Director shall forward the vote to all
the Contracting States in addition to the design and written communication with the call to your voice
submitted in writing.
(b) the time limit shall be fixed in the invitation, the International Bureau shall occur
reply with a written voice resigned. This time limit shall not be shorter than
three months from the date of the call.
(c) the response must be positive or negative. Proposals for amendments and mere comments
shall not be considered votes.
(d) the proposal shall be considered adopted if none of the Contracting States
the vote against the amendment, and if at least half of the States parties
expressed either consent or lack of interest, or abstain from voting.
RULE 82
Irregularities in the mail contact
51.0
Delay or loss in mail
(a) any participant who has the legal interest may submit evidence
that the document or letter handed to post five days before the
end of the period. Except in the case where land or ship mail crashes
as a rule, to a destination within two days of filing, or, where appropriate, where
air mail is not available, such evidence may be present only when the
the use of the air mail. In any case, however, the only evidence
If this was the case of the consignment have been filed by registered mail.
(b) if it was national or international organization to which
the shipment was addressed to the satisfaction of the administration of the consignment to a
carriage, will delay the adoption of the remitted; If the document or
Letter lost in the course of postal traffic, permitting the authorities to
they were presented with new copy, provided that the interested
party satisfied that the document or letter, offered as a substitute,
are identical with the document or letter lost.
(c) in the cases referred to in paragraph (b), proof of timely submission to the
mail transport and, where there was a loss of documents or a letter,
replacement document or a letter including the proof of identity shall be submitted by one
months from the date when the participant has found or when proper care could figure
delay or loss but not later than six months after the expiry of the
the missed deadline.
(d) any national Office or international organizations which have notified their
the International Bureau, that will be to transport documents or letters used
delivery service other than the postal authorities, shall apply
the provisions of paragraphs (a) to (c) as if the delivery service was
postal authority. In this case, will not be used from paragraph (a)
the last sentence, but can only be offered if the evidence were
delivery service recorded the details of the Administration at the time of filing. Notification
may contain an indication that it relates only to the transport of certain
dodávacími services or dodávacími services that conform to certain
criteria. This information shall be published by the International Bureau in the Gazette.
(e) any national Office or of an international organization may proceed
in accordance with paragraph (d):
(i) even if, where applicable, delivery services are not used as follows
specified or does not satisfy the criteria laid down in the notification referred to in
paragraph (d), or
(ii) even if that Office or organization sent to the International Bureau
the notification under paragraph (d).
51.1
cancelled
RULE 82bis
Excuse the deadline designated or elected State,
82bis 1
The concept of the "time limit" in article 48 (2)
Under the concept of "time limit" in article 48 (2) means the
(i) any period provided for in the contract or in the implementing rules;
(ii) any period provided for the receiving Office, the international authority
Search, international preliminary examination authority or international
the Office or the time limit that you can apply the Admissions Office of their
the national legislation;
(iii) any period provided for by the designated or elected Office and the time limit,
You can apply such an Office, according to their national legislation,
with regard to the operations, prior to such authority.
82bis 2
Return to the previous state and other provisions relating to article 48
(2)
The provisions of the national legislation referred to in article 48 (2), that the specified
or the selected State to apologize to the non-compliance with the time limits, are the
provisions governing the return to the previous state, a retrial,
restitution in integrum or continuation of proceedings, although it has not been observed
the time limit, and any other provisions concerning the extension of time limits or for a waiver
their zameškání.
RULE 82ter
Bug fix to the receiving Office or the International Bureau
82ter 1
Errors concerning the international filing date and the priority of the redeemed
(a) if the applicant for the designated or elected Office satisfactorily
It proves that the international filing date is incorrect due to an error
caused by the receiving Office or that the receiving Office or the international
the Office mistakenly considered the application of the priority to be invalid, and if it is a
such a mistake that would be designated or elected Office to corrected himself by
national laws or regulations or national practice, should it
committed, then the authority or mistake and will discuss international
as if the application is granted the fixed date of the international
the submission or application as if it was not deemed invalid priority.
(b) where the international filing date has been recognised by the receiving Office
in accordance with rule 20.3 (b) (ii) or 20.5 (d) on the basis of the inclusion of the element or
section through the reference under rules 4.18 and 20.6 but intended or
elected Office finds that:
(i) the applicant has not complied with rule 17.1 (a), (b) or (b-bis)
as regards the priority document;
(ii) has not been fulfilled the requirement under rule 4.18, 12.8 (a) (i) or
51bis. 1 (e) (ii); or
(iii) the element or part is not completely contained in the priority
the document;
the designated or elected Office may, subject to paragraph (c),
the international application as if the international filing date has been
recognised under rule 20.3 (b) (i) or 12.7 (b), or fixed in accordance with
rule 20.5 (c), as applicable, provided that rule 17.1 (c)
apply mutatis mutandis.
(c) the designated or elected Office shall not discuss the international application
referred to in paragraph (b) as if the international filing date has been recognised
in accordance with rule 20.3 (b) (i) or 12.7 (b), or fixed in accordance with rule
12.7 (c), without providing the applicant the opportunity to raise objections to the
the intended to the hearing or to the request referred to in paragraph (d) in
reasonable in the circumstances.
(d) If the designated or elected Office in accordance with paragraph (c) announced
the applicant that it intends to discuss the international application as
If the international filing date has been corrected under rule 20.5 (c),
the applicant may in the notice submitted to this Office within the time limit
referred to in paragraph (c), request that the missing part was not
taken into account for the purposes of the national procedure before this Office, and in this
the case will be considered nepodanou and the authority will not be
discuss the international application as if the international filing date
has been fixed.
Rule 82quater
Expiry of time limits
82quater. 1
Expiry of time limits
(a) any interested party is entitled to present evidence that the time
laid down in the implementing rules is to comply with the Act before receiving
the authority, the authority for international search, the authority specified for supplementary
Search, international preliminary examination authority or international
the Office has not been observed as a result of war, revolution, civil disorder,
strikes, natural disasters or other similar reason in the place of the registered office
interested parties in its place of business or residence, and that the competent
the Act was performed, as soon as it was reasonably possible.
(b) such evidence will be addressed to the authority, institution or, where appropriate,
The International Bureau not later than six months after the expiry of the relevant
in the present case. If these circumstances will be demonstrated to the satisfaction of
the addressee, the time will be remitted.
(c) relief may not be taken into account by the designated or elected
the authority before which the applicant at the time of the decision on the remission of
by default no longer performed the acts referred to in article 22 or article 39.
RULE 83
The right to appear before international bodies
51.6
Evidence law
The International Bureau, the competent authority responsible for the international search and
the international preliminary examination authority may require the submission of
proof of the law of the sea in accordance with article 49.
51.6 bis
The case where the International Bureau is the receiving Office
(a) any person who has the right to appear before the national Office
Contracting State or the law of the State in which the
the applicant, or if there is more than one applicant, by at least one of these
applicants resident or of which he is a citizen, is entitled to act, as
with regard to the international application before the International Bureau law as
the receiving Office in accordance with rule 19.1 (a) (iii).
(b) any person who has a right of audience before the International Bureau
active as a reception office, is entitled to with regard to the international
application to the International Bureau involved in all its
other features and the competent authority for international search, and
the competent authority for the international preliminary examination.
51.7
Information
(a) the national Office or of an international organization shall, at the request of the
The International Bureau to the competent authority for international search or
to the competent authority for the international preliminary examination information
whether a specific person, which says that it has the right before the national Office or
international organisations act, this right actually has.
(b) this information is for the International Bureau, the authority for the international
Search and the international preliminary examination authority to be binding.
PART E
Rules relating to title V of the Treaty
RULE 84
Expenses of delegations
52.3
Expenses borne by Governments
Expenses of delegations participating in the work of the authority, set up under this agreement
or, according to her, shall be borne by the Government that it was her name.
RULE 85
The absence of a quorum when the majority of the Assembly
52.9
Postal vote
In the case referred to in article 53 (5) (b) shall notify the International Bureau decision
adopted by the Assembly (if it is not a decision for
custom hearing) to those Contracting States which were not represented and
invite them to cast their vote or refrain from voting in writing within
three months from the date of the communication. If within this period the number of Contracting
States which cast their vote or abstain from voting, the number of
which was lacking in the absence of a majority at the meeting, shall take a decision
efficiency, but if i then also maintained the necessary majority.
RULE 86
Journal of the
86.1
The contents of the
Gazette referred to in article 55 (4) contains:
(i) for each published international application information provided for
Administrative directive, taken from the title page of the publication of the
of the international application, or the drawing of the title page and
annotation;
(ii) the schedule of all fees payable to the receiving offices,
The International Bureau, the international search authorities and the authorities of
the international preliminary examination;
(iii) notification, whose publication is required under the Treaty or the
Of the implementing regulation;
(iv) information from the designated or elected offices, if the international
the authority runs out, and to the extent that they run out of him, about whether they have been met
the requirements of articles 22 or 39 in respect of international applications
that contains the destination or the choice of the competent authority;
(v) any other useful information prescribed by the administrative
the directives, if they cannot access the Treaty or by the implementing regulation
disabled.
53.6
Languages; form and methods of publication; the timing of the
(a) the Gazette shall be based on in English and French at the same time.
Translations in English and French will be provided by the international
by the authority.
(b) the Assembly may decide that the Journal will be issued in other
languages than in those which are listed in paragraph (a).
(c) the form in which and the ways in which the Journal published, shall be governed by
Administrative directive.
(d) the International Bureau shall ensure that, for each published international
of the application, the information referred to in rule 86.1 (i) published in the journal of the
to date, or as soon as possible after the date of publication of the international application.
53.6
Expended period
Expended period Journal provides the Director-General.
53.7
Sale
The subscription and other sale prices Journal provides the Director-General.
86.5
The name of the
The name of the Journal provides the Director-General.
53.8
For more details
For further details concerning the Gazette may provide Administrative
directive.
RULE 87
Communication of publications
54.1
Communication of publications on request
The International Bureau shall communicate, free of charge, at the request of the authorities of the international
up to the present, international preliminary examination authorities and national authorities,
concerned, each published international application, the Gazette and
any other publication of General, issued by the International Bureau in
the context of the Treaty and the implementing regulation. For more details
concerning the form in which and the ways in which the publications are
disclosed, is governed by an administrative directive.
RULE 88
Change of CCIP
88.1
The requirement of unanimity
Amendment of the following provisions of the implementing regulation requires
that no State has the right to vote in the Assembly, did not vote
against the proposed amendment:
(i) rule 14.1 (pass-through fee);
(ii) cancelled
(iii) rule 22.3 (time limit referred to in article 12 (3);
(iv) rule 33 (relevant known state of the art for international
up to the present);
(v) rule 64 (known by the State of the art for international preliminary
Survey);
(vi) rule 81 (modification of time limits set by the Treaty);
(vii) of this paragraph (rule 88.1).
88.2
cancelled
54.9
The requirement that certain States have not yet voted against
Amendment of the following provisions of the implementing regulation requires
that no State referred to in article 58 (3) (a) (ii), which has the right to
to vote at the meeting, did not vote against the proposed amendment.
(i) rule 34 (minimum documentation);
(ii) rule 39 (subject matter under article 17 (2) (a) (i));
(iii) rule 67 (subject matter under article 34 (4) (a) (i));
(iv) of this paragraph (rule 88.3).
54.9
Control
Any proposal to amend the provisions referred to in rules 88.1 or 88.3
shall be notified in the event that the Assembly has to decide on the proposal, all
the Contracting States at least two months before the beginning of that meeting
The Assembly, which is convened to decide on the proposal.
RULE 89
Administrative directive
55.4
Range
(a) Administrative directives contain provisions relating to:
(i) the things in which the implementing regulation expressly refers to the directive;
(ii) all of the details for the application of this implementing regulation.
(b) administrative directive must not be in conflict with the Treaty,
The implementing regulation or any agreement concluded by the international
the Office with the authority for international search or international authority
a preliminary survey.
55.4
The power to
(a) Administrative Directive shall draw up and publish the General Director after the
consultation with the receiving offices and international authorities, research and
the international preliminary examination.
(b) the Change is the Director-General after consultation with the offices or authorities,
that have a direct interest in the proposed changes.
(c) the Assembly may invite the Director-General on the amendments
Administrative directives and the Director-General accordingly must
to do this.
89.3
Publication and entry into force of
(a) administrative work and any alteration thereof shall be published in the Gazette.
(b) in each publication shall specify the date on which the published provisions
They shall become effective. The data may be different for different provisions, but no
provision shall not take effect before the publication in the Gazette.
RULE 89bis
Administration, consultation and communication of international applications and other
documents in electronic form or by electronic means
89bis. 1
Of the international application
(a) the international application may be subject to paragraphs (b) to (e)
filed and discussed in electronic form or by electronic
resources, in accordance with Administrative Directive, provided that the
the receiving Office shall permit the submission of international applications on paper
the form.
(b) The implementing regulation shall apply mutatis mutandis to the international
applications filed in electronic form or by electronic means, with
subject to the special provisions of the Administrative Directive.
(c) administrative directive will contain provisions and requirements
regarding the submission and consideration of international applications filed
wholly or partly in electronic form or by electronic means
including, but not limited to, provisions and requirements relating to the confirmation
income, how enforcement of the international filing date, the requirements relating to the form
and the consequences of failure to comply with these requirements, the signatures on the documents, resources
for verification of the documents and the identity of parties communicating with offices and authorities
and the procedure within the meaning of article 12 relating to the recruitment,
an archive copy and retrieval of copy, and may contain
the provisions relating to international applications filed in different languages.
(d) no national Office or intergovernmental organization shall not receive or
discuss international applications filed in electronic form or
by electronic means, to notify to the International Bureau until it is
ready to do so in accordance with the relevant provisions of the
Administrative directive. The International Bureau shall publish the notice in the
Journal.
(e) No receiving Office which transmitted the notification to the International Bureau
in accordance with paragraph (d), shall not refuse to discuss the international application
filed in electronic form or by electronic means, which is in the
accordance with the relevant requirements set out in Administrative Directive.
89bis. 2
Other supporting documents
Rule 89bis. 1 shall apply mutatis mutandis to other documents and
correspondence relating to international applications.
89bis. 3
Communication between offices
If the contract, the implementing regulation or Administrative Directive
provides for the communication, notification or transfer ("communication") of an international
application, notification, communication, correspondence or other document
one national Office or intergovernmental organization to another authority or
another organization, such communication may, if the sender and
the recipient shall agree, be effected in electronic form or
by electronic means.
RULE 89ter
Copies of documents submitted in paper form in the electronic form
89ter. 1
Copies of documents submitted in paper form in the electronic form
Each national Office or intergovernmental authority may allow
the applicant, if the international application or other document
relating to international applications filed in paper form, could
submit a copy in electronic form in accordance with Administrative Directive.
PART F
Rules concerning several of the heads of Agreement
RULE 90
Representatives and joint agents
standard 90.1
Appointment of a representative
(a) the person who has the right to appear before the national Office with which the
the international application is filed or, where the international application is filed
at the International Bureau, the person who has the right to act as regards the
the international application before the International Bureau as receiving law
the Office may be appointed by the applicant as his agent to
representation before the receiving Office, the International Bureau, the authority for the
international search, the Authority appointed for the supplementary search and
authority for international preliminary examination.
(b) the person who has the right to appear before the national Office or before
the international organization, which acts as international authority
a search may be appointed by the applicant as his agent to
representation especially before this authority.
(b-bis) The person who has the right to appear before the national Office or before
an intergovernmental organisation which acts as a body appointed for the supplementary
a search may be appointed by the applicant as his agent to
the representation explicitly before this body.
(c) the person who has the right to appear before the national Office or before
the international organization, which acts as international authority
a preliminary survey, may be appointed by the applicant as his
the representative to represent the particular before that authority.
(d) the representative designated in accordance with paragraph (a) may, unless it is something else
listed in the document, which has been established, to determine the next or
several other representatives, to represent the applicant as the representatives of the
applicant:
(i) before the receiving Office, the International Bureau, the authority for the
international search, the Authority appointed for the supplementary search and
authority for international preliminary examination with the condition that the person so
established as a more representative has the right to appear before the national
the authority with which an international application is filed, or as regards the
of the international application before the International Bureau as receiving law
the Office, depending on the case;
(ii) specifically before the authority for international search, the authority designated by the
for the supplementary search or the international preliminary authority before
a survey on the condition that the person so instituted as a further shortcut has
the right to appear before the national Office or intergovernmental organization that
acting as the authority for international search, the Authority appointed for
the supplementary search or the international preliminary examination authority, according to the
about that case.
56.0
Common agent
(a) if there are two or more applicants and the applicants
designated representative who would represent them all ("common
the shortcut ") under rule 90.1 (a), may be one of the applicants,
who is entitled to file an international application according to article 9, appointed
the other applicant as their common representative.
(b) if there are two or more applicants and all the applicants
in no time the common representative under rule 90.1 (a) or the joint
agent pursuant to paragraph (a), the applicant will be referred to in the first
the request who is entitled to file an international according to rule 19.1
application form for admission office, considered to be the common representative of all the
applicants.
56.1
The effects of acts of agents or representatives and to representatives of the public and
common agents
(a) any act of the agent or representative has the effect of the Act to
of the applicant or applicants or to the applicant concerned
or to applicants.
(b) if there are two or more representatives who represent the same
of the applicant or of the same applicant, will have each of these
representatives or act against them, the effect of the Act of the applicant or
applicants or to the applicant or applicants referred to.
(c) subject to the provisions of the second sentence of Rule 90bis 5, any act of the common
the agent or his representative or the Act has the effect of an act against them all
applicants or act against them.
56.2
Appointment of a representative or of a joint method of agent
(a) the appointment of a representative by the applicant signing the request, performs
design or the power of attorney. If there are two or more applicants,
provisions shall be made to the common representative or the common representative
by signing the application, design, or the power of Attorney of each of the applicant, in accordance with
his choices.
(b) subject to rule 90.5, a separate power of attorney shall be submitted to either the
the receiving Office or the International Bureau, provided that, if the full
the power of the appointed representative in accordance with rule 90.1 (b), (b-bis), (c) or
(d) (ii) will be submitted to the authority of a power of Attorney for international search,
the body designated for the supplementary search or the international authority
a preliminary survey, depending on the case.
(c) If a power of Attorney is not signed, or if the required power of Attorney
lost or when the entry relating to the name or address of the person appointed
does not comply with rule 4.4, it is considered that the proxy does not exist, if the
It will not be a lack of deleted.
(d) subject to paragraph (e), the receiving Office, the international authority
examination report, the authority empowered to carry out supplementary searches, the authority for
international preliminary examination and the International Bureau may waive the
the request referred to in paragraph (b), he shall be made a separate full
power; in that case, paragraph (c) does not apply.
(e) where the agent or the common representative shall submit the notice of withdrawal
back referred to in rules 90bis .1 to 90bis. 4, will not be dropped from a
the request referred to in paragraph (b) for a separate power of Attorney referred to in paragraph
(d).
90.5
General power of Attorney
(a) the appointment of a representative in respect of a single international application,
can be done in the application, design, or in a separate notice with
reference to an existing power of Attorney designating the representative to
He represented the applicant, in respect of any international
the application may be lodged by the applicant (i.e.. "general power of Attorney"),
with the condition that:
(i) the general power of Attorney has been deposited in accordance with paragraph (b), and
(ii) a copy of it is attached to the application, design, or to separate
the notification; This copy may not be signed.
(b) the general power of attorney shall be deposited with the receiving Office, provided that the
establishes a representative under rule 90.1 (b), (b-bis), (c) or
(d) (ii), shall be deposited with the authority for international search, the authority
appointed for the supplementary search or the international authority
a preliminary survey, depending on the circumstances.
(c) the receiving Office, the international search authority, authority
to carry out the supplementary search and the international preliminary examination authority, the
may waive the requirement under paragraph (a) (ii) a copy of the General full
power must be attached to the application, design, or separate notification,
Depending on the circumstances.
(d) Notwithstanding paragraph (c), if the representative shall submit the notice of withdrawal
back under the rules 90bis .1 to 90bis .4 the receiving authority, institution
nominated for the supplementary search, the international preliminary authority
survey or the International Bureau, it must be a copy of a general power of Attorney
submitted to this Office, the authority or the International Bureau.
56.3
Appeal and waiver
(a) the appointment of a representative or a common representative may be revoked
the people who have carried out, or their successors in title, in
this case, the provisions of the more representative under rule 90.1
(d) the representative also considered revoked. Each provision of
more representative under rule 90.1 (d) may also be revoked
by the applicant.
(b) the appointment of a representative under rule 90.1 (a) will have, if it is not
unless otherwise stated, the effect of the appeal of each of the earlier provisions of the
the representative carried out under this rule.
(c) the provisions of the common agent will have, if not stated something
another, resulting in the recall of each of the earlier provisions of the common
the monitoring trustee.
(d) the representative or a common representative may renounce their provisions
the announcement, which he signs.
(e) rule 56.2 (b) and (c) shall apply mutatis mutandis to the instrument containing the
appeal or waiver under this rule.
RULE 90bis
Undo
90bis 1
Withdrawal of the international application
(a) the applicant may withdraw the international application at any time before
the expiration of 30 months from the priority date.
(b) the withdrawal is effective notice of the applicant
addressed by his choices to the International Bureau, the receiving Office
or when the application of article 39 (1) of the international preliminary examination authority.
(c) the international publication of the international application shall not apply, if the
the notice of withdrawal sent by the applicant back or passed to the receiving
authority or the international preliminary examination authority, the
The International Bureau before completion of technical preparations for international
publication.
90bis. 2
Undo destination
(a) the applicant may take the determination of each specified state back at any time
before the expiration of 30 months from the priority date. Undo destination state
who was elected, will result in the taking back the corresponding options
in accordance with Rule 90bis. 4.
(b) if the designated State for the purposes of obtaining a national patent, as
and a regional patent, withdrawal of State
refer to just undo the determination for the purposes of obtaining a national patent, with
except where stated otherwise.
(c) the identification of all the specified undo state will be considered a withdrawal of
back of the international application under Rule 90bis 1.
(d) withdrawal shall become effective by adopting notification of the applicant
addressed by his choices to the International Bureau, the receiving Office
or when the application of article 39 (1) of the international preliminary examination authority.
(e) the international publication of the international application will not be executed when
the notice of withdrawal sent by the applicant or transmitted back to the receiving
authority or the international preliminary examination authority to
The International Bureau before completion of technical preparations for international
publication.
90bis. 3
Undo claimed priority
(a) the applicant may withdraw a priority, which has applied in accordance with article 8 (1)
in the international application, back at any time before 30 months from the date of
priorities.
(b) if in an international application applied to more than one priority,
the applicant may use his rights under paragraph (a), as regards the
one, a few or all of the applicable priority.
(c) withdrawal shall become effective by adopting notification of the applicant
addressed by his choices to the International Bureau, the receiving Office
or when the application of article 39 (1) of the international preliminary examination authority.
(d) if the withdrawal put forward priorities priority data causes the change,
then each period, calculated from the date of original priority, which has not yet
expired, subject to paragraph (e), will be calculated from the date of priority,
that is the result of this change.
(e) in the case of the time limit referred to in article 21 (2) (a) may, however, international
the Office shall continue in the international publication on the basis of the said time limit
calculated from the date of original filing, if the undo sent
by the applicant or transmitted by the Office or authority for admission
international preliminary examination received by the International Bureau after the completion of
technical preparations for international publication.
90bis. 4
Taking back the proposal, or options.
(a) the applicant may withdraw the proposal or any or all of the options back
at any time before the expiration of 30 months from the priority date.
(b) withdrawal shall become effective by adopting notification addressed
by the applicant to the International Bureau.
(c) if the notice of withdrawal by the applicant authority are submitted to
for international preliminary examination, the authority shall indicate the date of receipt of the
notification and shall forward it promptly to the International Bureau. It is considered that the
the notification was submitted to the International Bureau within the time referred to in
the marked data.
90bis. 5
The signature of the
Any notification of withdrawal referred to in rules 90bis .1 to 90bis4 must be
signed by the applicant or, if there are two or more applicants,
all of the applicant. Applicant who is considered to be the common
representative under rule 90.2 (b) is not entitled to sign such a notice
on behalf of the other applicants.
90bis. 6
The effect of the undo
(a) the withdrawal of the international application under Rule 90bis, determine
the application of priorities, design, or election shall have no effect in the specified or
the chosen Office, if a survey of the international application pursuant to article
23 (2) or article 40 (2) has already begun.
(b) if the international application is withdrawn under rule
90bis. 1, the international management of the international application is broken.
(c) if the proposal or all the options taken back in accordance with the rules
90bis. 4, the proceedings of the international application by the authority for the international
a preliminary exploration of the broken.
90bis. 7
Permission under article 36 (4) (b)
(a) any Contracting State whose national legislation allows, what is
described in the second part of article 36 (4) (b), it shall inform
the International Bureau.
(b) the notification referred to in paragraph (a) the International Bureau shall be immediately
published in the Gazette and shall apply to international applications filed
more than one month after the date of this publication.
RULE 91
Rectification of obvious error in the international application and other documents
56.6
Rectification of obvious error
(a) an apparent mistake in the international application or other document
submitted by the applicant may be rectified in accordance with this
as a rule, if the applicant so requests.
(b) Correction of an error shall be subject to the approval of the "competent authority", that is:
(i) in the case of a mistake in the request part of the international application or in its
repair-the Admissions Office;
(ii) in the case of a mistake in the description, claims or drawings or in their
repair, if it is not the authority competent for the international preliminary examination
referred to in point (iii)-the authority for international search;
(iii) in the case of a mistake in the description, claims or drawings or in their
repair, or adjustment under article 19 or 34, where it was filed and has not been
taken back the proposal to the international preliminary examination and the date on which the
to initiate the international preliminary examination in accordance with rule 69.1, already
have elapsed since the international preliminary examination authority;
(iv) in the case of a mistake in a document not listed under points (i) to (iii),
submitted to the receiving Office, the authority for international search, the authority
for international preliminary examination or the International Bureau, other than the
is a mistake in the annotation or edit article 19-the authority, institution or
The International Bureau, as the case.
(c) the Competent Authority shall approve the correction of a mistake under this rule
only, and only in that case when it is obvious to the competent authority,
that the relevant date referred to in paragraph (f) was intended to be something other than the
It is stated in the document concerned and that nothing else could be intended to
than the proposed remedy.
(d) in the case of a mistake in the description, claims or drawings or in their
repair or modification, the competent authority shall take into account for the purposes of paragraph
(c) only the contents of the description, claims and drawings and, where it is
applicable, the appropriate patch or edit.
(e) in the case of a mistake in the request part of the international application or its
repair, or in a document referred to in paragraph (b) (iv) the competent authority of the
take into account for the purposes of paragraph (c) in considering only the contents of the international application
itself and, where applicable, the appropriate patch, or document
referred to in paragraph (b) (iv), together with any other document
submitted with the request, correction or document, as the case,
any priority document relating to an international application, which is
available to the authority in accordance with Administrative Directive, and any other
the document contained in the file of the international application to this authority to
to the relevant date referred to in paragraph (f).
(f) the relevant date for the purposes of paragraphs (c) and (e) is:
(i) in the case of a mistake in the international application as filed-the date
the international administration;
(ii) in the case of a mistake in a document other than the international application as
filed, including a mistake in a correction or modification of the international application-
the date on which the document was submitted.
(g) a mistake is not napravitelný under this rule if:
(i) the mistake lies in the omission of one or more entire elements of the
international application referred to in article 3 (2) or of one or
several whole leaf of the international application;
(ii) the mistake is in an annotation;
(iii) the mistake is in accordance with article 19, unless the international authority
a preliminary survey is responsible for approval of such a mistake axles
referred to in paragraph (b) (iii); or
(iv) the mistake is in the application of priority or in the notice of correction or
supplement the application of priority under Rule 26bis. 1 (a), if the axle
the mistake caused a change in the priority date;
provided that this paragraph shall not affect the effectiveness of the rules 20.4,
20.5, 26bis and 38.3.
(h) where the receiving Office, the authority for international search, the authority for
international preliminary examination or International Bureau finds in
the international application or other document something that appears to be
napravitelným, ostensibly in error, may invite the applicant to request a
remedy under this rule.
56.7
A request for redress
A request for redress under rule 56.6 shall be submitted to the competent authority
in the 26 months from the priority date. Must specify the mistake to be
rectified and the proposed remedy, and may, at the option of the applicant,
include a brief explanation. Rule 26.4 shall apply mutatis mutandis as
the way in which the proposed remedy.
56.7
Approval and effect of axles
(a) the Competent Authority shall decide without delay whether to approve or
refuses to redress under rule 56.6 and shall immediately inform the
the applicant and the International Bureau for approval or refusal and, in the
the case of a refusal shall state the reasons why. The International Bureau will proceed to
mentioned Administrative Directive, including, where required,
the information of the receiving Office, the international research institution, the institution
for the international preliminary examination and designated and elected offices of the
approval or rejection.
(b) where the remedy obvious error under rule approved 56.6,
the document must be corrected in accordance with the Administrative
directive.
(c) where the rectification of obvious error is approved, will be effective:
(i) from the date of the international administration in the case of a mistake in the international
the application as filed;
(ii) in the case of a mistake in a document other than the international application as
was filed, including a mistake in a correction or modification of the international application from the
the date on which such document was presented.
(d) where the competent authority refuses to approve the remedy under rule
the International Bureau shall publish, 56.6, on a request filed by the applicant
within two months from the date of refusal, and assuming that will be paid
special fee, whose amount is determined by an administrative directive, request
to remedy this, the reasons for rejection of the authority and any further brief comments
which the applicant may submit, if possible together with the international
the application form. A copy of a request for redress, the reasons and comments, if they are, the
If it can be attached to a referral under article 20, if
the international application shall not be published pursuant to article 64 (3).
(e) Rectification of obvious error may not be taken into account by the designated authority
which already control or the exploration of international applications started prior to the
the date on which the Office is informed by the rules (and) about 56.7
the approval of the competent authority of the axles.
(f) a designated Office may not take into account the axle, which was approved by the
the rules of 56.6 only if it finds that a remedy according to the approved
the rules, if the 56.6 competent authority, provided that the
No designated Office will not ignore any remedy that has been
approved in accordance with the rules of 56.6, without the applicant has been granted
the possibility, within a period appropriate to the circumstances, of making reservations to the intention of the Office of the
ignore the remedy.
RULE 92
Correspondence
57.2
Requirements relating to the cover letter and signature
(a) the document proposed by the applicant in the course of
the international procedure under the Treaty and the implementing regulation, if it is not
of the international application itself and, if this document is not alone
the letter must be attached to the letter, in which the international
application to which it relates. The applicant must sign the letter.
(b) are not fulfilled, the requirements referred to in paragraph (a), the applicant will be
shall be informed and invited to remedy the omission within the time limit laid down a challenge.
Thus, the time limit will be proportionate to the circumstances; even though this period
expire later than the time limit for the submission of documents (or even if the time limit
for the submission of documents already expired), shall not be less than ten days
and more than one month, starting from the despatch of the call. If there is a remedy
omission within the time limit laid down a challenge to the omission shall be disregarded; otherwise,
the applicant shall notify the account documents.
(c) if the requirements referred to in paragraph (a) resigns, and documents
be taken into account in the international procedure, account shall be taken of the fact that already the requirements
have not been met.
57.3
Languages
(a) subject to rules 55.1 and 34.4 and paragraph (b) of this rule shall
each letter or document submitted by the applicant to the authority for
international search or international preliminary examination authority in
the same language as the international application to which they relate. If
However, the translation of the international application has been forwarded in accordance with rule 14.4 (b)
or submitted under rule 55.2, the language of that translation.
(b) each of the applicant's letter to the international search authority designated by the
or authority for the international preliminary examination may be in another language
other than the international application, provided that that authority to use such language
approves.
(c) cancelled
(d) any letter of the applicant to the International Bureau will be specified in the
French or in English.
(e) each letter or notification to the International Bureau designated by the applicant
or national will be in French or English.
57.4
Postal mail from national offices and intergovernmental organizations
Any document or letter emanating from or being passed to national Office
or intergovernmental organizations, and establishing the fact from which the data
the period runs from the Treaty or pursuant to this implementing
Regulation, shall be sent by air mail, provided that the ground
mail may be used instead of air in those cases where usually
ground mail to its destination within two days of filing, or,
where air mail are not available.
57.4
The use of the Telegraph, telex, fax, etc.
(a) a document making up the international application, and any later document or
the correspondence, which she refers to may be, notwithstanding the provisions
rules 11.14 and 57.2 (and), but subject to paragraph (h), be transmitted, if
It's doable by telegram, telex, telefax or other
means of communication which results in the filing of a printed or
written document.
(b) the signature of the referenced document to be transmitted to the fax will be recognized for the purposes of
Of the Treaty and of this implementing regulation as your own signature.
(c) if the applicant has attempted to pass a document by some other
means than that which is mentioned in paragraph (a) but part or all of
the received document is illegible or part of the document has not been received, will be considered
as proof, if the received document unreadable, or
attempt to pass failed. National authority or intergovernmental organization
immediately inform the applicant.
(d) any national Office or intergovernmental organization may require that the
the original of the document presented by any of the means referred to in paragraph
(a) and accompanying letter identifying that earlier submission, were
provided within 14 days of the date of submission, provided that this
the request shall be notified to the International Bureau and the International Bureau of the
the information published in the Gazette. The notification shall state whether the
This requirement applies to all or only certain types of documents.
(e) if the applicant fails to submit the original of the document, as
required in paragraph (d), the national Office or intergovernmental
the Organization, depending on the type of the submitted document, and having regard to the
rules 11 and 26.3,
(i) to give up the request referred to in paragraph (d), or
(ii) invite the applicant to submit, within a reasonable time limit set by
the original of the document in the call of the present with the condition that if
the present document contains defects or shows that the original contains
defects, in respect of which a national Office or an intergovernmental organization
issue the invitation to correct, that Office or organization may make such a challenge
In addition, the issue or the place of the procedure referred to in items (i) or (ii).
(f) if it is not required pursuant to paragraph (d) presentation of the original
the document, but the national Office or intergovernmental organization considered
necessary to obtain the original copy of that document, they can issue a challenge
in accordance with paragraph (e) (ii).
(g) if the applicant fails to comply with the request referred to in paragraph (e) (ii) or
(f):
(i) if the international application is referred to the document, this will be
deemed to be withdrawn and the receiving Office shall issue the statement about it;
(ii) if the following document is the document referred to in the international
the application will be considered, that this document has not been submitted.
(h) no national Office or intergovernmental organization need not take
document submitted by a means referred to in paragraph (a), if it has not notified the
The International Bureau that it is prepared to receive such documents in these
resources, and the International Bureau has published this information in the Gazette.
RULE 92bis
A record of changes of certain indications in the request or in the draft
92bis 1
Recording of changes by the International Bureau
(a) at the request of the applicant or the receiving Office, record
The changes by the International Bureau of such data in the request or proposal:
(i) person, name, residence, nationality or address of the applicant;
(ii) person, name or address of the representative, an agent or a common
the inventor.
(b) the International Bureau does not record the requested change if it receives a request
on the record after the expiration of 30 months from the priority date.
RULE 93
Retention of records and files
57.8
The Admissions Office
The receiving Office keeps records and files relating to the international application
or intended the international application including receiving copies after
for at least 10 years from the international filing date or, if no date
the international administration recognised from the date when it has arrived.
57.9
The International Bureau
(a) the International Bureau shall keep the file, including the archived copy
international application for at least 30 years from the date on which
archival copy.
(b) the base lists the International Bureau shall be kept without time
the restrictions.
58.0
The international search authorities and the institutions for international preliminary
Research
Authority for international search and international preliminary examination authority
stores the file of the international application received, for at least 10
years from the international filing date.
58.0
Reproduction
For the purposes of this rule, records, copies and files may be
kept as photographic, electronic or other reproduction
provided that the reproductions are such that the obligation
to keep records, copies and files under rules 93.1 to 93.3.
RULE 93bis
The method of communication of documents
93bis. 1
Communication on request; communication via digital library
(a) if the contract, the implementing regulation or Administrative
directives lay down the communication, notification or transfer ("communication")
international application, notification, communication, correspondence or other
document ("document") by the International Bureau to any designated or
elected Office, such communication will be carried out only at the request
the competent authority and at the time provided by this Office. Such an application may
be made in relation to the individually specified documents or
the specified class or classes of documents.
(b) a communication under paragraph (a) would, if approved by the International Bureau
and the designated or elected Office, considered to be made at the time,
When the International Bureau can document available to that Office in accordance with the
Administrative directive in electronic form in a digital library, from
which is that the Office is entitled to retrieve that document.
RULE 94
Access to the file
58.5
Access to the file held by the International Bureau
(a) at the request of the applicant or any other person authorized by him shall supply the
The International Bureau, against payment of expenses of copies of any documents
contained in his writings.
(b) the International Bureau shall supply, at the request of any person but not before the
the international publication of the international application and subject to article 38,
against payment of costs, copies of any document contained in its
the case file.
(c) the International Bureau shall deliver, if requested by an elected Office, on behalf of the
This Office a copy of the report on international preliminary examination pursuant to
paragraph (b). The International Bureau shall promptly publish details such
the application in the Gazette.
94.2
Access to the file held by the international preliminary examination authority
The international preliminary examination authority shall supply, at the request of the applicant
or other person authorized by him or once it has been drawn up the report on the
the international preliminary authority against each selected survey
payment of expenses of the documents contained in his writings.
94.3
Access to the file held by the elected Office
If national legislation permits access of third parties to the file
national application, that Office may allow access to any
the document relating to the international application, including any document
concerning the international preliminary survey contained in its
the case file, to the same extent as permitted under national legislation
for access to the file of a national application, but not before the international
the publication of the international application. For the supply of copies of the documents can be
require the payment of related expenses.
RULE 95
Availability of translations
59.1
The supply of copies of translations
(a) at the request of the International Bureau, each designated or elected him to the Office
send a copy of the translation of the international application, how to this Office
submitted by the applicant.
(b) the International Bureau may, upon request and against payment of costs to deliver
everyone copies of translations that him pursuant to paragraph (a).
RULE 96
Scale of fees
59.7
The scale of fees attached to the implementing regulation
The amount of the fees referred to in rules 15, 45bis and 57 shall be expressed in Swiss
currency. Tariff of fees is provided attached to this Implementing
the regulation, which is an integral part.
Scale of fees
Fees: Amount:
1. the international application fee: (rule 15.2) 1 330 Swiss francs plus
15 Swiss francs for each
sheet of the international application
30 sheets
2. the rules for the additional search fee (Rule 45bis. 2) 200 švýcarskýchfranků
3. the rules fee: (rule 57.2) 200 švýcarskýchfranků
Discount
4. the international application fee shall be reduced by the following amount, if the jemezinárodní application
in accordance with Administrative Directive:
(a) in electronic form, unless the application is filed within the literally 100 švýcarskýchfranků
encoded format;
(b) in electronic form, where the application is filed within literally 200 švýcarskýchfranků
encoded format;
(c) in electronic form, the request, the description, the claims and 300 švýcarskýchfranků
annotation in literally a scrambled format;
5. the international application fee referred to in point 1 (possibly reduced
According to paragraph 4), the fee for the supplementary search in the rules referred to in point 2 and
meeting fee under section 3 shall be reduced by 90% if the international
application is filed:
(a) by the applicant who is a natural person and who is a citizen and has a
registered office in a State that is on the list of States where gross domestic product per
the head is less than $ 25 000 (according to the latest
the 10-year average of per capita gross domestic product at constant
the value of the U.S. dollar in 2005, the publishing Organizations
of the United Nations), and whose citizens and residents who are natural
persons who have submitted fewer than 10 international applications (in a million
inhabitants) or fewer than 50 international applications per year (in the
absolute numbers) according to the latest data concerning the average
the number of annual filing for the past five years, published by the International
by the Office, or
(b) by the applicant, whether a natural person or not, and that is
citizen and has its registered office in a State that is on the list of States classified
The United Nations as a least developed country,
provided that if several applicants, each must satisfy the
the criteria referred to in subparagraph (a) or (b). The lists of the States referred to in
subparagraph (a) and (b) are updated by the Director General at least
every five years, in accordance with the instructions of the Assembly. The criteria set out in
subparagraphs (a) and (b) are reviewed by the Assembly at least every
for five years.
Selected provisions of the novel
The provisions of the communication No 44/2002 Coll.
The decision on the entry into force and transitional provisions
(1) changes in the time limits laid down in article 22 (1) referred to in annex II shall enter
into force, subject to paragraphs (2) and (3), on 1 May 2004. April 2002. The changes are
will apply, in respect of each designated Office to each of the international
the application, for which the period of 20 months from the priority date shall expire on or after the
date on which the amendment enters into force for that Office, and in which even
the applicant has not taken the actions referred to in article 22 (1).
(2) If on the day of 3. October 2001, such a change is not compatible with the national
the law of the designated Office, that Office will not be to apply until
until it is compatible with that law, provided that the Office of the
It shall inform the International Bureau until 31 December 2006. January 1, 2002. The International Bureau
such notification shall be published in the Gazette.
(3) any notice sent to the International Bureau under paragraph (2) may
be withdrawn at any time. This withdrawal by the International Bureau shall publish promptly
in the Journal, and the changes will enter into force after the expiration of two months from the date of
publication or at an earlier or later date, which is indicated in the
the notice of withdrawal.
(4) it is recommended that any Contracting State whose national law is not
compatible with changes urgently made steps to change their laws
so that they are compatible, and so did not need to send the notification referred to in
paragraph (2), or if this notification must be sent in order to be
in accordance with paragraph (3), as soon as possible.
(5) the amendments of Rule 90bis as referred to in annex III shall enter into force on
April 1, 2002.
