105/1993.
The COMMUNICATION FROM the
Ministry of Foreign Affairs, which amends and supplements the notice No.
296/1991 Coll. and no 529/1992 Coll., on the Patent Cooperation Treaty and the
The implementing regulation, adopted in Washington on 19 December. June 1970,
changed in 1979 and in 1984
Ministry of Foreign Affairs says that the decision of the Assembly of the
International Patent Cooperation Union (PCT Union) were 29 April.
September 1992, adopted amendments to the implementing regulation to the above agreement.
On the basis of the decision quoted the Assembly rule 32 (new)
entered into force on 1 January 2000. October 1992, and entered into this day
into force for the Czech and Slovak Federative Republic and on January 1.
January 1993 for the Czech Republic. Changes to rules 37, 38, 43, 55, 60, 61,
66, 70, 74 and 92 entered into force on 1 January 2000. January 1993 and that date
entered into force for the Czech Republic.
Changes to the rules 10, 11 and 48 shall enter into force on the date of entry
the validity of the Patent Cooperation Treaty for the people's Republic of China.
Czech translation of the changes of the CCIP shall be designated at the same time. To
the English version of the text of the Treaty and amendments to the implementing regulation may be
take a peek at the Ministry of Foreign Affairs and the Office of industrial
ownership.
Amendments to the implementing regulation
Patent Cooperation Treaty
RULE 10
Terminology and symbols
10.1 Terminology and signs
(a) to (e) (unchanged)
(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 (unchanged)
RULE 11
The requirements for the presentation of the international application
11.1 to 11.8 (unchanged)
7.4 how to write text
(a) (unchanged)
(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) and (d) (no change)
(d) Paragraph (c) and (d) as regards the space and the dimensions of the letters,
not apply to texts in the Chinese or Japanese.
11.10 to 11.14 (unchanged)
RULE 32 (new)
Extension of effects of international application to certain successor States
32.1 request for extension of international application to successor State
(a) the effects of the international application, the international filing date of which
within the period referred to in paragraph (b), under the condition that
the applicant performs the acts referred to in paragraph (c), can be extended
the State ("the successor State") whose territory was, before the independence of the
of that State, part of the territory of a Contracting State which subsequently disappeared
("previous state"), provided that the successor State has become a
a Contracting State that has deposited with the Director General a declaration of
the continuation on the basis of this agreement is applied also on 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) in respect of an international application whose filing date falls within the
the period referred to in paragraph (b), the International Bureau will send to the applicant
the announcement, in which it informs that can ask for extensions,
enforced if within three months from the date of this notification, the following acts:
(i) at the International Bureau the request for extension;
(ii) to pay to the International Bureau an extension fee in Swiss
francs, the amount of which is the same as the amount of the fee for the determination
in accordance with rule 9.4 (a).
(d) this rule shall not apply to the Russian Federation.
32.2 effects of extension to successor State
(a) where the request for extension was filed 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 respect of this
the State will be extended at least until the expiry of three months from the date on which the
a request for an extension.
(b) If, where the successor State is bound to the title II
of the Treaty, the request for extension is made later, however, the petition was filed
before the expiration of 19 months from the priority date, and a later election
of the successor State was made within three months from the date of submission of the application
on the extension of the period referred to in paragraph (a) (ii) must be at least
30 months from the priority date.
(c) the successor State may fix time limits which expire later than the
the time limits laid down in paragraphs (a) (ii) and (b). The International Bureau shall publish the
information on such time limits in the Gazette.
RULE 37
Missing or defective title
23.1 the acquisition of the names
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 submit a name, or if the authority finds that the
the name does not match the rule 4.3, it takes the name itself. Such a name is
taken in the language in which the international application is published, or
If the translation was given in accordance with rule 12.1 (c) and the authority for
international search it so wishes, in the language of the translation.
RULE 38
Missing or defective annotation
23.7 the acquisition of annotations
(a) 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, or annotation when referred
authority determines that the annotation does not conform to the provisions of rule 8, shoots
the annotation itself. Such an annotation is made in the language in which it is
the international application be published, or if the translation was submitted to the
in accordance with rule 12.1 (c) and the authority for international search it so desires, in
the language of that translation.
(b) (unchanged)
RULE 43
International search report
43.1 to 43.3 (unchanged)
27.0 Languages
Every report about international research and the resolution referred to in article 17 (2) (a)
they are in the language in which the international application to which it is
covers, published, or if it has been passed to the translation referred to in rule
12.1 (c) and the authority for international search it so wishes, in the language of this
translation.
43.5 to 43.10 (unchanged)
RULE 48
International publication of the
48.1 and 48.2 (unchanged)
48.3 Languages
(a) if the international application is filed in Chinese, English,
French, German, Japanese, Russian or Spanish, it shall publish
in the language in which it was submitted.
(b) if the international application is filed in a language other than
Chinese, English, French, German, Japanese, Russian or
Spanish, shall be published in English translation. For the acquisition of translation
the authority is responsible for the international search, which is required to have
so in time to translation for international publication may occur in
the prescribed time limit, or when the application of article 64 (3) (b) may occur
for referral pursuant to article 20 before the end of the 19th month from the
the date of priority. Notwithstanding rule 16.1 (a) the authority for
international search fee to the applicant for the post acquisition
translation. Authority for international search will give the applicant the option
comment on the draft translation. For this statement sets out the authority for
international search under the circumstances, a reasonable time limit. If you cannot take
the observations into consideration for lack of time prior to the assignment of translation or
If the applicant and the said authority on the correctness of the translation of different opinions,
the applicant may send a copy of their observations or dirty
the rest of the International Bureau and each designated Office which was a translation of the
referral. The International Bureau shall publish the essence of expression either at the same time with
a translation of the international search authority, or following the publication of the
This translation.
(c) (unchanged)
48.4 to 48.6 (unchanged)
RULE 55
Languages (international preliminary examination)
34.2 the language design
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.
55.2 translation of international application
(a) if the international application is filed nor published in the language, or
in one of the languages, specified in the agreement concluded between the International Bureau
and international preliminary examination authority, designated for the implementation of
international preliminary survey this application, then this
request, subject to paragraph (b) that the applicant shall submit
together with a draft translation of the international application in the language, or in
one of the languages, specified in the agreement.
(b) if the translation of the international application into a language referred to in paragraph
(a) international search authority passed under rule 12.1 (c) and
authority for international preliminary examination is part of the same national
the Office or intergovernmental organization as the international search, the authority
the applicant may not submit a translation under paragraph (a). In such a
the 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
submitted in accordance with rule 12.1 (c).
(c) if the requirement referred to in paragraph (a), and paragraph (b), the authority
for international preliminary examination shall invite the applicant to submit the
the required translation within a time limit which shall be reasonable in the circumstances. This
period may not be less than one month from the date of the call. May be
extended authority for the international preliminary examination at any time before
giving the 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
complied with, the proposal will be considered for America's ill-advised.
(e) paragraphs (a) to (d) shall apply only if the authority for
international preliminary examination he stated in a notification addressed to
The International Bureau, that it accepts that the international
a preliminary survey on the basis of the translation within the meaning of these paragraphs.
55.3 Translation of amendments
(a) if the translation of the international application is required under rule 55.2,
all of the changes that are listed in the statement concerning amendments under
rules 53.9 and which the applicant wishes to be taken into account for the purposes of
international research, and any amendments under article 19,
to be taken into account under rule 66.1 (c), shall be in the language
translation. If such changes have been or are filed in another language,
must also be submitted to the translation.
(b) if the translation of the amendments referred to in paragraph (a) are submitted, the authority
for international preliminary examination shall invite the applicant to submit the
the missing translation within a time limit which shall be reasonable in the circumstances. This
period may not be less than one month from the date of the call. May be
extended authority for the international preliminary examination at any time before
making the decision.
(c) if the applicant does not comply with the invitation within the time limit set in accordance with
paragraph (b), the change will not be taken into account for the purposes of the international
the preliminary survey.
RULE 60
Some of the shortcomings of the proposal, or options.
37.3 the design flaws in the
(a) if the design does not meet the requirements specified in rules 53.1,
33.1 (a), (i) to (iv), 33.1 (b), 53.3 to 53.8 and 55.1, the authority for
the international preliminary examination shall invite the applicant to remedy the deficiency
corrected within a time limit which is reasonable in the circumstances. This period may not be
less than one month from the date of the call. There may be authority for the international
a preliminary exploration of the extended at any time before making a decision.
(b) to (g) (unchanged)
60.2 (unchanged)
RULE 61
Notice of motion and the election
61.1 Notification to the International Bureau and to the applicant
(a) (unchanged)
(b) the international preliminary examination authority shall immediately inform the
the applicant of the date of adoption of the proposal. If it is considered that in accordance with
rules 54.4, 34.3 (d), (c), 57.4 36.2 37.3 (c) or (c) that the proposal
has not been submitted, or if it is considered that option under rule 37.3 (d)
has not been made, the international preliminary examination authority shall notify the
the applicant and the International Bureau.
(c) (unchanged)
61.2 to 61.4 (unchanged)
RULE 66
Procedure before the international preliminary examination authority
41.1 to 41.5 (unchanged)
Language changes 41.6
(a) subject to paragraphs (b) and (c) if the international application was
submitted in a language other than the language in which it is published, each
change, as well as the letter referred to in rule 41.5 (a), shall be submitted in
the language of the publication.
(b) if the international preliminary examination is carried out in accordance with the rules
55.2 translation of international application based, any changes must be
as well as the letter referred to in paragraph (a), submitted in the language of that
translation.
(c) subject to rule 55.3, if an amendment or have not been submitted in a letter
language required by paragraph (a) or (b), the international authority
a preliminary survey, if possible having regard to the time limit set for
the acquisition of international preliminary report survey asks
the applicant to submit an amendment or letter in the language you want in the
a time limit which shall be reasonable under the circumstances.
(d) if the applicant fails to comply within the time limit under paragraph (c) the invitation to
submission of the changes in the language you have requested, the change will not be taken into account for
the purposes of the international preliminary survey. If the applicant has
does not comply with the time limit referred to in paragraph (c) the invitation to submit a letter
referred to in paragraph (a) in the required language, the amendment may not be
taken into account for the purposes of the international preliminary survey.
RULE 70
International preliminary report on the survey
70.1 to 70.16 (unchanged)
No 70.17 Languages, messages and attachments
(a) the report and any 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.
(b) (Remains deleted)
RULE 74
Translations of annexes of the international preliminary report survey and their
the submission of the
Contents of translation and time limit 74.1 to its submission
(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 carried out having regard to 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 92
Correspondence
57.2 (unchanged)
92.2 Languages
(a) subject to rules 55.1 and 66.9, paragraph (b) of this rule, it 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, that these documents
concern. However, if it was a translation of the international application passed by
rule 12.1 (c), or has been filed in accordance with rule 34.3 (a) or (c),
It's the language of that translation.
(b) to (e) (unchanged)
57.4 and 57.4 (unchanged)
