26/1994 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs,
amending and supplementing the communication No 296/1991, no. 529/1992 Coll. and no.
105/1993 Coll. on the Patent Cooperation Treaty and the implementing regulation to
It adopted in Washington on 19 December. June 1970, amended in 1979 and
1984
Ministry of Foreign Affairs says that the decision of the Assembly of the
International Patent Cooperation Union (PCT Union) were in Geneva
29 April 2004. September 1993, adopted amendments to the implementing regulation to the Treaty on
Patent Cooperation of 17 May. June 1970, amended in 1979 and
1984.
These changes came into force on the basis of the decision cited
Assembly on 1 July. January 1994 and entered into force on this day and for
The Czech Republic.
Czech translation of the changes of the CCIP shall be designated at the same time. To
the English version of the text changes to the implementing regulation may be consulted on the
Ministry of Foreign Affairs and industrial property office.
Amendments to the implementing regulation to Patent Cooperation Treaty
Rule 4
THE REQUEST (CONTENTS)
4.1 mandatory and optional contents; the signature of the
(a) (unchanged)
(b) where appropriate, the Request includes:
(i) to (iv) (unchanged)
(v) a reference to the basic application or the basic patent,
(vi) an indication of the přihlašovatelově the choice of competent authority for international
up to the present.
(c) and (d) (no change)
4.2 to 4.11 (unchanged)
4.14 bis choice of 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 to 4.17 (unchanged)
Rule 18
The APPLICANT HAS
18.1 residence and nationality
(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 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 and 18.4 (unchanged)
RULE 19
COMPETENT RECEIVING OFFICE
19.1 serving applications
(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) and (c) (unchanged)
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 (unchanged)
12.1 the handover 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, by the applicant,
who has a residence in a Contracting State, or is a citizen of a Contracting State, but
the national Office is not competent under rule 19.1 or Office
rules 19.2 for its adoption, it will be considered, subject to paragraph (b)
This international application have been received by that Office on behalf of the
The International Bureau as receiving Office working under 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.
RULE 35
THE COMPETENT AUTHORITY RESPONSIBLE FOR THE INTERNATIONAL SEARCH
21.8 and 21.9 (unchanged)
35.3 when the International Bureau case is the receiving Office in accordance with rule
19.1 (a) (iii)
(a) if the international application is filed with the International Bureau as in
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 54
THE APPLICANT ENTITLED TO LODGING
54.1 residence and nationality
(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 (unchanged)
54.3 International applications filed with the International Bureau as in
the receiving Office where the international application is filed with the international
the Office as receiving Office under rule 19.1 (a) (iii), shall be deemed to
the International Bureau for the purposes of article 31 (2) (a) for the Office of active for
the Contracting State in which the applicant has a residence or of which he is a citizen.
33.8 (unchanged)
RULE 59
THE AUTHORITY COMPETENT FOR THE INTERNATIONAL PRELIMINARY EXAMINATION
36.7 the proposals referred to in article 31 (2) (a)
(a) for proposals pursuant to the provisions of article 31 (2) (a), each receiving
the Office of a Contracting State bound the provisions of title II of the Treaty or the Office
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 international
preliminary survey of international applications that were submitted to him.
The International Bureau will publish this information without delay. If the relevant
international preliminary examination authorities, shall apply mutatis mutandis
the provisions of rule 35.2.
(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 (unchanged)
RULE 83
THE RIGHT TO APPEAR BEFORE INTERNATIONAL BODIES
51.6 (unchanged)
51.6 bis case where the International Bureau is the receiving authority
(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 (unchanged)
Rule 90
REPRESENTATIVES AND JOINT AGENTS
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 with
The International Office, 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 and international preliminary examination authority.
(b) and (c) (unchanged)
(d) the representative designated in accordance with paragraph (a) may, unless it is something else
referred to 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 and international preliminary examination authority with
provided that any person so appointed as next representative has the right to
Act before the national Office with which the international application was
filed, or as regards the international application before the International Bureau
active as a reception office, depending on the case;
(ii) (unchanged)
90.2 to 90.6 (unchanged)
Rule 91
OBVIOUS ERRORS IN DOCUMENTS
56.6 Axle
(a) to (d) (no change)
(e) No rectification shall take place without the express approval:
(i) and (ii) (unchanged)
(iii) international preliminary examination authority, in the case of a mistake in the
any part of the international application other than the request, or in any
the document submitted to that authority,
(iv) (unchanged)
(f) to (g-quater) (unchanged)
