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RS 0.232.141.1 June 19, 1970 Patent Cooperation Treaty (PCT)

Original Language Title: RS 0.232.141.1 Traité de coopération du 19 juin 1970 en matière de brevets (PCT)

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0.232.141.1

Original text

Patent Cooperation Treaty

(PCT)

Conclu, Washington, June 19, 1970
Approved by the Federal Assembly on November 29, 1976 1
Instrument of ratification deposited by Switzerland on 14 September 1977
Entered into force for Switzerland on 24 January 1978

(State on 7 April 2014)

The Contracting States,

Wishing to contribute to the development of science and technology,

Wishing to improve the legal protection of inventions,

Seeking to simplify and make more economical the obtaining of the protection of inventions when desired in several countries,

Wishing to facilitate and hasten the access of all to the technical information contained in documents that describe new inventions,

Wishing to stimulate and accelerate the economic progress of developing countries by adopting measures to increase the effectiveness of their legal systems for the protection of inventions, be they national or regional, in their Providing easy access to information on technical solutions tailored to their specific needs and facilitating access to the ever-growing volume of modern technology,

Convinced that international cooperation will greatly facilitate the achievement of these goals,

Concluded this Treaty:

Introductory provisions

Art. 1 Establishing a Union

(1) The States Parties to this Treaty (hereinafter referred to as "the Contracting States") shall be constituted as a Union for cooperation in the field of deposit, search and examination of applications for the protection of inventions, and Provision of special technical services. This Union is known as the International Patent Cooperation Union.

(2) Nothing in this Treaty shall be construed as restricting the rights provided for by the Paris Convention for the Protection of Industrial Property 1 In favour of nationals of the countries party to that Convention or of persons domiciled in those countries.


1 RS 0.232.01 /.04

Art. 2 Definitions

For the purposes of this Treaty and the Regulations 1 , and except where a different meaning is expressly stated:

(i)
"Application" means an application for the protection of an invention; any reference to an "application" means a reference to applications for patents for inventions, inventors' certificates, utility certificates, utility models, Patents or certificates of addition, inventors' certificates of addition and utility certificates of addition;
(ii)
Reference to a "patent" means a reference to patents for invention, inventors'certificates, utility certificates, utility models, patents or certificates of addition, inventors' certificates Additional utility certificates and utility certificates;
(iii)
"National patent" means a patent granted by a national authority;
(iv)
"Regional patent" means a patent granted by a national or intergovernmental authority empowered to grant patents having effect in more than one State;
(v)
"Regional application" means a regional patent application;
(vi)
Any reference to a "national application" means a reference to national patent applications and regional patents, other than applications filed in accordance with this Treaty;
(vii)
"International application" means an application filed in accordance with this Treaty;
(viii)
Any reference to an "application" means a reference to international and national applications;
(ix)
Any reference to a "patent" means a reference to national and regional patents;
X)
Any reference to "national law" means a reference to the national law of a Contracting State or, in the case of a regional application or a regional patent, to the treaty which provides for the filing of regional applications or Issue of regional patents;
(xi)
"Priority date" means, for the purpose of calculating time limits:
(a)
Where the international application contains a priority claim under Art. 8, the date of filing of the application whose priority is so claimed;
(b)
Where the international application contains several priority claims under s. 8, the date of filing of the earliest application whose priority is so claimed;
(c)
Where the international application contains no priority claim under Art. 8, the date of the international filing of that application;
(xii)
"National Office" means the government administration of a Contracting State responsible for the granting of patents; any reference to a "national office" shall also be construed as a reference to any intergovernmental authority entrusted by Several States to grant regional patents, provided that one of those States at least is a Contracting State and that those States have authorised that Authority to assume the obligations and exercise the powers that this Treaty and the Regulations allocate to national offices;
(xiii)
"Designated Office" means the national Office of the State designated by the applicant in accordance with Chapter I of this Treaty, and any Office acting for that State;
(xiv)
"Elected Office" means the national Office of the State elected by the applicant in accordance with Chapter II of this Treaty, and any Office acting for that State;
(xv)
"Receiving Office" means the national Office or intergovernmental organization in which the international application has been filed;
(xvi)
"Union" means the International Patent Cooperation Union;
(xvii)
"Assembly" means the Assembly of the Union;
(xviii)
"Organization" means the World Intellectual Property Organization;
Xix)
"International Bureau" means the International Bureau of the Organization and, as long as they exist, the International Bureaux for the Protection of Intellectual Property (BIRPI);
(xx)
"Director General" means the Director General of the Organization and, as long as BIRPI exists, the Director of BIRPI.

Chapter I International Application and International Search

Art. 3 International Application

(1) Applications for the protection of inventions in any Contracting State may be filed as international applications within the meaning of this Treaty.

(2) An international application shall contain, in accordance with this Treaty and the Regulations 1 , a request, a description, one or more claims, one or more drawings (where required) and an abstract.

(3) The abstract shall be used exclusively for technical information purposes; it shall not be taken into account for any other purpose, in particular to assess the extent of the protection sought.

(4) The international application:

(i)
Be in one of the prescribed languages;
(ii)
Must meet the prescribed physical conditions;
(iii)
Must meet the prescribed requirement of unity of invention;
(iv)
Is subject to the payment of the prescribed fees.

Art. 4 Query

(1) The request shall contain:

(i)
A petition that the international application is to be processed in accordance with this Treaty;
(ii)
The designation of the Contracting State (s) in which the protection of the invention is sought on the basis of the international application ("designated States"); if the applicant may and wishes, for any designated State, to obtain a regional patent instead of a patent Where the applicant cannot, under a treaty relating to a regional patent, limit his application to certain of the States party to the said Treaty, the designation of one of those States and the indication of the desire to obtain a patent To be assimilated to a designation of all those States; if, according to the law National designation, the designation of that State shall have the effects of a regional application, the designation shall be assimilated to the indication of the desire to obtain a regional patent;
(iii)
The name and other prescribed information relating to the applicant and the agent (if any);
(iv)
The title of the invention;
(v)
The name of the inventor and the other prescribed information concerning him in the case where the law of at least one of the designated States requires that such indications be furnished upon the filing of a national application; in any other case, such Indications may be included either in the request or in separate notices addressed to each designated Office whose national law requires such indications but allows them to be given only after the filing of the national application.

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

(3) If the applicant does not request other titles of protection referred to in Art. 43, the designation means that the protection sought consists of the grant of a patent by or for the designated State. For the purposes of this paragraph, s. 2.ii) does not apply.

(4) The absence, in the request, of the name of the inventor and of the other information concerning the inventor shall not result in any consequence in the designated States whose national law requires such indications but permits them to be given After the filing of the national application. The absence of such indications in a separate notice shall not result in any consequence in the designated States where such indications are not required by national law.

Art. 5 Description

The description must disclose the invention in a manner sufficiently clear and complete for a person skilled in the art to perform it.

Art. 6 Claims

The claim or claims shall define the subject matter of the protection sought. The claims must be clear and concise. They must be based entirely on the description.

Art. 7 Drawings

(1) Subject to para. (2) (ii), drawings shall be furnished where they are necessary for the understanding of the invention.

(2) If the invention is of a nature such that it may be illustrated by drawings, even if they are not necessary for its intelligence:

(i)
The applicant may include such drawings in the international application at the time of filing;
(ii)
Any designated Office may require the applicant to furnish such drawings within the prescribed time limit.
Art. 8 Claiming Priority

(1) The international application may contain a declaration, in accordance with the requirements of the Regulations 1 , claiming the priority of one or more earlier applications filed in or for any country party to the Paris Convention for the Protection of Industrial Property 2 .

2)
(a) Subject to subparagraph (b), the conditions and effects of any priority claim made in accordance with para. 1) are those provided for in s. 4 of the Stockholm Act of the Paris Convention for the Protection of Industrial Property 3 .
(b) The international application claiming the priority of one or more earlier applications filed in or for a Contracting State may refer to that State. If the international application claims the priority of one or more national applications filed in or for a designated State or the priority of an international application which had designated a single State, the conditions and effects produced by the Priority claim in that State shall be those laid down in the national law of that State.

Art. Applicant

(1) Any person domiciled in a Contracting State and any national of such a State may file an international application.

(2) The Assembly may decide to allow persons domiciled in any country party to the Paris Convention for the Protection of Industrial Property 1 Which is not a party to this Treaty, and to nationals of that country, to file international applications.

(3) The concepts of residence and nationality, as well as the application of such concepts where there are several applicants or where applicants are not the same for all designated States, are defined in the Regulations 2 .


Art. 10 Receiving Office

The international application shall be filed with the prescribed receiving Office, which shall control and treat it in accordance with this Treaty and the Regulations 1 .


Art. 11 Filing Date and Effects of the International Application

(1) The receiving Office shall grant, as the international filing date, the date of receipt of the international application in so far as it finds, at the time of receipt, that:

(i)
The applicant clearly does not lack, for reasons of residence or nationality, the right to file an international application with the receiving Office;
(ii)
The international application is in the prescribed language;
(iii)
The international application shall contain at least the following:
(a)
An indication that it was filed as an international application;
(b)
The designation of at least one Contracting State;
(c)
The name of the applicant, indicated in the prescribed manner;
(d)
A party that, at first glance, appears to be a description;
(e)
A party which, at first sight, appears to be a claim or claims.
2)
(a) If the receiving Office finds that the international application does not fulfil, at the time of its receipt, the conditions listed in para. (1), it invites the applicant, in accordance with the Regulations 1 , to make the necessary correction.
(b) If the applicant responds to that invitation, in accordance with the Regulations, the receiving Office shall grant, as the international filing date, the date of receipt of the required correction.

(3) Subject to s. 64.4), any international application meeting the conditions listed in items (i) to (iii) of para. (1) and to which an international filing date has been accorded, as from the date of international filing, the effects of a regular national filing in each designated State; that date shall be considered as the effective date of filing in each designated State.

(4) Any international application complying with the conditions listed in items (i) to (iii) of para. (1) shall be deemed to have the value of a regular national deposit within the meaning of the Paris Convention for the Protection of Industrial Property 2 .


Art. 12 Transmittal of the International Application to the International Bureau and the International Searching Authority

(1) A copy of the international application shall be retained by the receiving Office ("copy for the receiving Office"), one copy ("original copy") shall be transmitted to the International Bureau and one copy ("search copy") shall be transmitted to The competent International Searching Authority referred to in Article 16, in accordance with the Regulations 1 .

(2) The record copy shall be regarded as the authentic copy of the international application.

(3) The international application shall be considered withdrawn if the International Bureau does not receive the record copy within the prescribed time limit.


Art. 13 Availability of Copy of the International Application to Designated Offices

(1) Any designated Office may apply to the International Bureau for a copy of the international application before the communication provided for in Art. 20; the International Bureau shall furnish the copy thereof as soon as possible after the expiration of one year from the priority date.

2)
(a) The applicant may, at any time, furnish to any designated Office a copy of his international application.
(b)
The applicant may, at any time, request the International Bureau to furnish to any Office-designated a copy of its international application; the International Bureau shall, as soon as possible, furnish that copy to the International Bureau.
(c)
Any national Office may notify the International Bureau that it does not wish to receive the copies referred to in subparagraph (b); in that case, that subparagraph shall not apply to that Office.
Art. 14 Irregularities in the International Application
1)
(a) The receiving Office shall check whether the international application:
(i)
Shall be signed in accordance with the Regulations 1 ;
(ii)
Contains the prescribed particulars of the applicant;
(iii)
Has a title;
(iv)
Has an abstract;
(v)
Fulfils, to the extent provided for in the Regulations, the prescribed physical conditions.
(b) If the receiving Office finds that one of those requirements is not complied with, it shall invite the applicant to correct the international application within the prescribed time limit; failing that, that application shall be considered withdrawn and the receiving Office shall so declare.

(2) If the international application refers to drawings although they are not included in the application, the receiving Office notifies the applicant, who may furnish such drawings within the prescribed time limit; the international filing date is then the Date of receipt of the said drawings by the receiving Office. Otherwise, any reference to such drawings shall be considered non-existent.

3)
(a) If the receiving Office finds that the fees prescribed by s. 3.4) (iv) have not been paid within the prescribed time limit or the fee prescribed by s. 4.2) has not been paid for any of the designated States, the international application shall be considered withdrawn and the receiving Office shall declare it withdrawn.
(b) If the receiving Office finds that the fee prescribed by s. 4.2) has been paid within the prescribed time limit for one or more designated States (but not for all those States), the designation of those States for which the fee has not been paid within the prescribed time limit is considered withdrawn and the Office Receiver declares it.

(4) If, after granting the international application an international filing date, the receiving Office finds, within the prescribed time limit, that any of the conditions listed in items (i) to (iii) of Art. 11.1) was not complied with on that date, that application shall be considered withdrawn and the receiving Office shall so declare.


Art. 15 International Search

(1) Each international application shall be the subject of international search.

(2) The purpose of the international search is to discover the relevant state of the art.

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

(4) The International Searching Authority referred to in Art. 16 shall endeavour to discover the relevant prior art to the extent that its means permit it and, in any event, shall consult the documentation specified in the Regulations 1 .

5)
(a) The holder of a national application filed with the national Office of a Contracting State or of the Office acting for such a State may, if the national law of that State so permits, and the conditions provided for in that legislation, request That a search similar to an international search ("international type search") be carried out on that application.
(b) The national Office of a Contracting State or the Office acting for such a State may, if the national law of that State so permits, submit to an international-type search any national application filed with it.
(c) International-type search shall be carried out by the International Searching Authority, referred to in Art. 16, which would be competent to carry out the international search if the national application was an international application filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language in which the International Searching Authority considers that it is not in a position to process the application, international-type search shall be carried out on the basis of a translation Prepared by the applicant in one of the prescribed languages for international applications which the said Authority undertook to accept for international applications. The national application and the translation, where required, shall be presented in the prescribed form for international applications.

Art. 16 International Searching Authority

(1) The international search shall be carried out by an International Searching Authority; the International Searching Authority may be either a national Office or an intergovernmental organization, such as the International Patent Institute, including Functions include the preparation of document search reports on the state of the art relating to inventions subject to patent applications.

(2) If, pending the establishment of a single International Searching Authority, there are several International Searching Authorities, each receiving Office shall specify, in accordance with the provisions of the Agreement Applicable to para. (3) (b) those of those Authorities which will be competent to carry out the search for international applications filed with that Office.

3)
(a) International Searching Authorities shall be appointed by the Assembly. Any national Office and any intergovernmental organization that meets the requirements referred to in subparagraph (c) may be appointed as an International Searching Authority.
(b) The appointment depends on the consent of the national Office or intergovernmental organization in question and on the conclusion of an agreement, to be approved by the Assembly, between that Office or organization and the International Bureau. This agreement specifies the rights and obligations of the parties and contains, in particular, the formal undertaking of the said Office or organization to apply and observe all the common rules of international search.
(c) Regulations 1 Prescribes the minimum requirements, particularly with regard to personnel and documentation, to which each office or organization must meet before it can be appointed and to which it must continue to meet Remains named.
(d) The appointment is made for a specified period, which may be extended.
(e) Before taking a decision on the appointment of a national office or intergovernmental organization, or on the extension of such an appointment, and before leaving such an appointment, the Assembly shall The Office or organization concerned and shall take the opinion of the Technical Cooperation Committee referred to in Art. 56, once this Committee has been established.

Art. 17 Procedure in the International Searching Authority

(1) The procedure in the International Searching Authority shall be determined by this Treaty, the Regulations 1 And the agreement concluded by the International Bureau, in accordance with this Treaty and the Regulations, with that Authority.

2)
(a) If the International Searching Authority considers:
(i)
That the international application relates to an object in respect of which it is not required, according to the Regulations, to carry out the search, and decides in the present case not to carry out the search, or
(ii)
The description, claims or drawings do not meet the prescribed conditions, in such a way that a meaningful search cannot be carried out,
It declares it and notifies the applicant and the International Bureau that an international search report will not be established.
(b) If any of the situations referred to in subparagraph (a) exist only in relation to certain claims, the international search report shall indicate it in respect of those claims and shall be established for the other claims in accordance with Art. 18.
3)
(a) If the International Searching Authority considers that the international application does not comply with the requirement of unity of invention as defined in the Regulations, it shall invite the applicant to pay fees Additional. The International Searching Authority draws up the international search report on the parts of the international application which relate to the invention first mentioned in the claims ("main invention") And, if the required additional fees have been paid within the prescribed time limit, on the parts of the international application relating to the inventions for which the said fees have been paid.
(b) The national law of any designated State may provide that, where the national Office of that State considers it justified, the invitation referred to in subparagraph (a) of the International Searching Authority and where the applicant has not Not paid all the additional fees, the parts of the international application which have not therefore been searched shall be considered withdrawn in respect of the effects in that State, unless a particular fee Be paid by the applicant to the national Office of the said State.

Art. 18 International Search Report

(1) The international search report shall be prepared within the prescribed time limit and in the prescribed form.

(2) The international search report shall, as soon as it has been established, be transmitted by the International Searching Authority to the applicant and to the International Bureau.

(3) The international search report or the declaration referred to in art. 17.2) (a) shall be translated in accordance with the Regulations 1 The translations shall be prepared by or under the responsibility of the International Bureau.


Art. 19 Amendment of the Claims to the International Bureau

(1) The applicant, after receipt of the international search report, has the right to amend once the claims of the international application by filing amendments, within the prescribed time limit, with the International Bureau. It may attach a short statement, in accordance with the Regulations 1 , explaining the changes and specifying the effects that the latter may have on the description and drawings.

(2) The amendments shall not go beyond the disclosure in the international application as filed.

(3) Non-compliance with the provisions of para. (2) has no consequence in the designated States whose national law permits the amendments to go beyond the disclosure of the invention.


Art. Communication to Designated Offices
1)
(a) The international application, together with the international search report (including any indication referred to in Art. 17 (2) (b)) or the declaration referred to in s. 17.2) (a), shall be communicated, in accordance with the Regulations 1 , to any designated Office which has not renounced, in whole or in part, this communication.
(b) The communication shall include the translation (as prescribed) of the said report or statement.

(2) If the claims have been amended under s. 19.1), the communication must either contain the full text of the claims as filed and as amended, or contain the full text of the claims as filed and specify the Amendments; and, where applicable, the declaration referred to in s. 19.1).

(3) At the request of the designated Office or the applicant, the International Searching Authority shall address them, in accordance with the Regulations, to copy the documents cited in the international search report.


Art. International publication

(1) The International Bureau shall publish international applications.

2)
(a) Subject to the exceptions provided for in subparagraph (b) and to art. 64.3), the international publication of the international application shall take place promptly after the expiration of eighteen months from the priority date of that application.
(b) The applicant may request the International Bureau to publish his international application at any time before the expiration of the time limit referred to in subparagraph (a). The International Bureau shall proceed accordingly, in accordance with the Regulations 1 .

(3) The international search report or the declaration referred to in art. 17.2) (a) shall be published in accordance with the Regulations.

(4) The language and form of the international publication, as well as other details, shall be fixed by the Regulations.

(5) No international publication shall be made if the international application is withdrawn or considered withdrawn prior to the completion of the technical preparations for publication.

(6) If the International Bureau considers that the international application contains expressions or drawings contrary to morality or public order, or derogatory statements within the meaning of the Regulations, it may omit them from its Publications, indicating the place and number of words or drawings omitted. It shall provide, upon request, special copies of the passages thus omitted.


Art. Copies, translations and fees for designated Offices

(1) The applicant shall furnish to each designated Office a copy of the international application (unless the communication referred to in Art. 20 has already taken place) and a translation (as prescribed) of that application and pays (if applicable) the national fee at the latest on the expiration of thirty months from the priority date. In the case where the name of the inventor and the other information, prescribed by the law of the designated State, relating to the inventor are not required upon the filing of a national application, the applicant shall, if they are not already included in the Request, communicate them to the national Office of that State or to the Office acting for the latter at the latest by the expiration of thirty months from the priority date. 1

(2) Where the International Searching Authority declares, in accordance with Article 17 (2) (a), that an international search report shall not be established, the time limit for the completion of the acts referred to in para. 1) of this Article is the same as that provided for in para. 1). 2

(3) The law of any Contracting State may, for the performance of the acts referred to in para. 1) and (2), fix time limits after those set out in those paragraphs.


1 New content according to the c. I of the mod. Oct. 3. 2001, effective from 1 Er April 2002 ( RO 2005 1507 ).
2 New content according to the mod. Entry into force on 1 Er Jan 1985 (RO) 1984 1538).

Art. Suspension of national proceedings

(1) No designated Office shall process or examine the international application before the expiration of the applicable time limit under Art. 22.

(2) Notwithstanding the provisions of para. (1), any designated Office may, on the express request of the applicant, process or examine at any time the international application.

Art. 24 Possible loss of effects in designated States

(1) Subject to s. 25 in the case referred to in item (ii) below, the effects of the international application provided for in Art. 11.3) shall cease in any designated State and such termination shall have the same consequences as the withdrawal of a national application in that State:

(i)
If the applicant withdraws his international application or the designation of that State;
(ii)
If the international application is considered withdrawn because of s. 12.3), 14.1) (b), 14.3 (a) or 14.4), or if the designation of that State is considered withdrawn in accordance with Art. 14.3) (b);
(iii)
If the applicant does not, within the applicable time limit, perform the acts referred to in Art. 22.

(2) Notwithstanding the provisions of para. (1), any designated Office may maintain the effects provided for in s. 11.3) even where it is not required that such effects be maintained as a result of s. 25.2).

Art. 25 Revision by Designated Offices
1)
(a) Where the receiving Office refuses to grant an international filing date or declares that the international application is considered withdrawn, or where the International Bureau makes a finding under Art. 12.3), the Office shall promptly address, at the request of the applicant, to any designated Office indicated by the applicant, a copy of any document contained in the file.
(b) Where the receiving Office declares that the designation of a State is considered withdrawn, the International Bureau shall, at the request of the applicant, promptly address to the national Office of that State copies of any document contained in the file.
(c) Requests based on subparagraphs (a) or (b) shall be submitted within the prescribed time limit.
2)
(a) Subject to the provisions of subparagraph (b), any designated Office, if the national fee (if any) has been paid and the appropriate translation (as prescribed) has been furnished within the prescribed time limit, shall decide whether the refusal, the declaration Or the finding mentioned in para. (1) were justified within the meaning of this Treaty and the Regulations 1 ; if it finds that the refusal or declaration is the result of an error or omission on the part of the receiving Office, or that the finding is the result of an error or omission of the International Bureau, it processes the international application, for The effect in the State of the designated Office, as if such error or omission had not occurred.
(b) Where the record copy reaches the International Bureau after the expiration of the time limit prescribed in Art. 12.3) because of an error or omission on the part of the applicant, subparagraph (a) applies only in the circumstances referred to in s. 48.2).

Art. 26 Opportunity to Correct with Designated Offices

No designated Office may reject an international application on the ground that the international application does not comply with the requirements of this Treaty and the Regulations 1 Without first giving the applicant the opportunity to correct the said application to the extent and according to the procedure provided for in the national law for identical or comparable situations concerning national applications.


Art. 27 National Requirements

(1) No national law may require that the international application satisfy, in respect of its form or contents, different requirements than those provided for in this Treaty and in the Regulations 1 Or additional requirements.

(2) The provisions of para. 1) cannot affect the application of s. 7.2) or prevent any national legislation from requiring, once the processing of the international application has commenced in the designated Office:

(i)
Where the applicant is a legal entity, the indication of the name of a leader of the latter authorized to represent it;
(ii)
The furnishing of documents which do not belong to the international application but which constitute evidence of allegations or declarations contained in that application, including the confirmation of the international application by signature of the applicant Where that application, as filed, was signed by its representative or representative.

(3) Where the applicant, for the purposes of any designated State, is not entitled under the national law of that State to make the filing of a national application for the reason that he is not the inventor, the international application may be rejected by The designated Office.

(4) Where national law provides, as regards the form or contents of national applications, requirements which, from the viewpoint of applicants, are more favourable than those provided for in this Treaty and the Regulations For international applications, the national Office, the courts and other competent bodies of the designated State or acting for the latter may apply the first requirements, in place of the latter, to international applications, Unless the applicant requires that the requirements of this Treaty and the Regulations shall be applied to its international application.

(5) Nothing in this Treaty or in the Regulations may be construed as limiting the freedom of any Contracting State to prescribe any substantive conditions of patentability that it wishes. In particular, any provision of this Treaty and the Regulations concerning the definition of prior art shall be understood exclusively for the purposes of the international procedure; therefore, any Contracting State shall be free To apply, in determining the patentability of an invention which is the subject of an international application, the criteria of its national law relating to the state of the art and other conditions of patentability which are not Requirements for the form and content of applications.

(6) The national law may require the applicant to furnish evidence as to any substantive requirement of patentability that it prescribes.

(7) Any receiving Office, together with any designated Office which has started to process the international application, may apply any provision of its national law relating to the mandatory representation of the applicant by a qualified representative To that Office and to the mandatory indication of a service address in the designated State for the purpose of receiving notifications.

(8) Nothing in this Treaty or in the Regulations may be construed as limiting the freedom of any Contracting State to apply the measures it considers necessary in the field of national defence or to limit, in order to protect Its economic interests, the right of its nationals or persons domiciled in its territory to file international applications.


Art. 28 Amendment of the Claims, the Description and the Drawings with the Designated Offices

(1) The applicant shall have the opportunity to amend the claims, the description and the drawings, within the prescribed time limit, with each designated Office. No designated Office may grant a patent or refuse to issue a patent before the expiration of that time limit, unless otherwise agreed by the applicant.

(2) The amendments shall not go beyond the disclosure of the invention contained in the international application as filed, unless expressly permitted by the national law of the designated State.

(3) The amendments shall be in accordance with the national law of the designated State for all that is not fixed by this Treaty or the Regulations 1 .

(4) Where the designated Office requires a translation of the international application, the amendments shall be established in the language of the translation.


Art. Effects of International Publication

(1) With regard to the protection of any right of the applicant in a designated State, the international publication of an international application shall, in that State, subject to the provisions of paras. (2) to (4), the same effects as those attached by the national law of that State to the compulsory national publication of national applications not examined as such.

(2) If the language of the international publication differs from that of the publications required by the national law of the designated State, that national law may provide that the effects provided for in para. 1) occurs only from the date on which:

(i)
A translation into the latter language is published in accordance with national law; or
(ii)
A translation into the latter language is made available to the public for inspection, in accordance with national law; or
(iii)
A translation into the latter language is transmitted by the applicant to the unauthorized, actual or prospective user of the invention which is the subject of the international application; or
(iv)
The two acts referred to in items (i) and (iii), or the two acts referred to in points (ii) and (iii), have been complied with.

(3) The national law of any designated State may provide that, where the international publication has been effected, at the request of the applicant, before the expiration of eighteen months from the priority date, the effects provided for in para. (1) shall only occur from the expiration of 18 months from the priority date.

(4) The national law of any designated State may provide that the effects provided for in para. (1) shall only occur from the date of receipt by its national Office or by the Office acting for that State of a copy of the publication made in accordance with Art. 21, of the international application. This Office shall publish, as soon as possible, the date of receipt in its Gazette.

Art. Confidential Nature of the International Application
1)
(a) Subject to subparagraph (b), the International Bureau and the International Searching Authorities shall not allow any person or administration to have access to the international application before publication International, unless requested or authorized by the applicant.
(b) Subparagraph (a) shall not apply to transmissions to the competent International Searching Authority, to transmissions provided for in Art. 13 or the communications provided for in s. 20.
2)
(a) No national Office shall permit third parties to have access to the international application, unless requested or authorized by the applicant, before the date of the following dates:
(i)
Date of the international publication of the international application;
(ii)
Date of receipt of the communication of the international application under Art. 20;
(iii)
Date of receipt of a copy of the international application under Art. 22.
(b) Subparagraph (a) shall not prevent a national Office from informing third parties that it has been designated, nor shall it publish that fact. Such information or publication may, however, contain only the following indications: identification of the receiving Office, name of the applicant, international filing date, international application number and title of the invention.
(c) Subparagraph (a) shall not prevent a designated Office from allowing the judicial authorities to have access to the international application.

3) L' al. (2) (a) shall apply to any receiving Office, except for transmissions provided for in Art. 12.1).

(4) For the purposes of this Article, the term "access" includes any means by which third parties may become aware, and thus includes individual communication and general publication; however, no national office may publish An international application or its translation before the international publication or before the expiration of twenty months from the priority date if the international publication has not taken place at the expiration of that time limit.

Chapter II International Preliminary Examination

Art. Demand for International Preliminary Examination

(1) At the request of the applicant, the international application shall be the subject of an international preliminary examination in accordance with the following provisions and the Regulations 1 .

2)
(a) Any applicant who, within the meaning of the Regulations, is domiciled in a Contracting State bound by the Regulations. II or is the national of such a State and whose international application has been filed with the receiving Office of that State or acting on behalf of that State, may file a demand for international preliminary examination.
(b) The Assembly may decide to allow persons authorized to file international applications to submit applications for international preliminary examination even if they are domiciled in a non-Contracting State or not bound by the Chapter II or have the nationality of such a State.

(3) The demand shall be established independently of the international application. It shall contain the prescribed particulars and shall be established in the prescribed language and form.

4)
(a) The demand shall indicate that or those of the Contracting States where the applicant intends to use the results of the international preliminary examination ("elected States"). Additional Contracting States may be elected at a later date. Elections may relate only to Contracting States that have already been designated in accordance with Art. 4.
(b) The applicants referred to in para. (2) (a) may elect any Contracting State bound by the chap. II. The depositors referred to in para. (2) (b) may elect only Contracting States bound by chap. II which have declared their willingness to be elected by such depositors.

(5) The demand shall be subject to the payment of the prescribed fees within the prescribed time limit.

6)
(a) The demand shall be submitted to the competent International Preliminary Examining Authority referred to in Art. 32.
(b) Any subsequent election shall be submitted to the International Bureau.

(7) Each elected Office shall be notified of its election.


Art. 32 International Preliminary Examining Authority

(1) The international preliminary examination shall be carried out by the International Preliminary Examining Authority.

(2) For international preliminary examination applications referred to in Art. 31.2) (a) and art. 31.2) (b), the receiving Office or the Assembly, respectively, specifies, in accordance with the provisions of the applicable agreement between the International Preliminary Examining Authority or the International Preliminary Examining Authorities and the Bureau Those of those jurisdictions that will be competent to carry out the preliminary examination.

(3) The provisions of Art. 16.3) apply, Mutatis mutandis, International Preliminary Examining Authorities.

Art. 33 International Preliminary Examination

(1) The purpose of the international preliminary examination is to formulate a preliminary and non-binding opinion on whether the invention for which protection is sought appears to be novel, involve an inventive step (not be Obvious) and be industrially applicable.

(2) For the purposes of the international preliminary examination, the invention for which protection is sought shall be considered as new if it is not found to be prior art as defined in the Regulations 1 .

(3) For the purposes of the international preliminary examination, the invention for which protection is sought shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not Not, on the relevant prescribed date, obvious to a person skilled in the art.

(4) For the purposes of the international preliminary examination, the invention for which protection is sought shall be considered industrially applicable if, in accordance with its nature, it may be produced or used (in the technological sense) in all Type of industry. The term "industry" should be understood in its broadest sense, as in the Paris Convention for the Protection of Industrial Property 2 .

(5) The above criteria shall be used only for the purposes of international preliminary examination. Any Contracting State may apply additional or different criteria in order to decide whether in that State the invention is patentable or not.

(6) The international preliminary examination shall take into account all documents cited in the international search report. It may take into consideration any additional documents considered relevant in the present case.


Art. 34 Procedure in the International Preliminary Examining Authority

(1) The procedure in the International Preliminary Examining Authority shall be determined by this Treaty, the Regulations 1 And the agreement concluded by the International Bureau, in accordance with this Treaty and the Regulations, with that Authority.

2)
(a) The applicant has the right to communicate, orally and in writing, with the International Preliminary Examining Authority.
(b) The applicant has the right to amend the claims, the description and the drawings, in the prescribed manner and within the prescribed time limit, before the establishment of the international preliminary examination report. The amendments shall not go beyond the disclosure of the invention contained in the international application as filed.
(c) The applicant shall receive at least one written notice from the International Preliminary Examining Authority, unless the Authority considers that all of the following conditions are satisfied:
(i)
The invention meets the criteria set out in Art. 33.1);
(ii)
The international application complies with the requirements of this Treaty and the Regulations to the extent that they are controlled by that Authority;
(iii)
It is not intended to make representations within the meaning of s. 35.2), last sentence.
(d)
The applicant may respond to the written opinion.
3)
(a) If the International Preliminary Examining Authority considers that the international application does not comply with the requirement of unity of invention as defined in the Regulations, it may invite the applicant, The choice of the latter, or to limit the claims in order to satisfy this requirement, or to pay additional fees.
(b) The national law of any elected State may provide that, where the applicant chooses to limit the claims within the meaning of subparagraph (a), the parts of the international application which, as a result of the limitation, are not International preliminary examination shall, as regards the effects in that State, be considered withdrawn, unless a particular fee is paid by the applicant to the national Office of the said State.
(c) If the applicant does not comply with the invitation referred to in subparagraph (a) within the prescribed time limit, the International Preliminary Examining Authority shall prepare an international preliminary examination report on the parts of the application Which relates to what appears to be the main invention and gives information on this point in the report. The national law of any elected State may provide that, where the national Office of that State considers it justified the invitation of the International Preliminary Examining Authority, the parts of the international application that do not Relating to the main invention are, as regards the effects in that State, considered withdrawn, unless a particular fee is paid by the applicant to that Office.
4)
(a) If the International Preliminary Examining Authority considers:
(i)
That the international application relates to an object in respect of which it is not required, under the Regulations, to carry out an international preliminary examination and decides in the present case not to carry out such an examination, or
(ii)
That the description, claims or drawings are not clear, or that the claims are not properly based on the description, so that a valid opinion cannot be formed on the novelty, the activity Inventive step (non-obviousness) or industrial application of the invention for which protection is sought,
It does not address the issues referred to in s. 33.1) and makes this opinion and its reasons known to the applicant.
(b) If any of the situations referred to in subparagraph (a) exist only in respect of certain claims or in relation to certain claims, the provisions of subparagraph (a) shall apply only in respect of those claims.

Art. 35 International Preliminary Examination Report

(1) The international preliminary examination report shall be established within the prescribed time limit and in the prescribed form.

(2) The international preliminary examination report shall not contain any statement as to whether the invention for which protection is sought is or appears to be patentable under any national law. He states, subject to para. (3), in relation to each claim, if that claim appears to meet the criteria of novelty, inventive step (non-obviousness) and industrial application, as defined, for the purposes of the preliminary examination International, art. 33.1) to 4). This declaration must be accompanied by the citation of the documents which appear to support the declared conclusion, and any explanations which may be required in the present case. This declaration must also be accompanied by the other observations provided for in the Regulations 1 .

3)
(a) If the International Preliminary Examining Authority considers, at the time of the preparation of the international preliminary examination report, that any of the situations referred to in Art. 34.4) (a), the report states and indicates the grounds. It shall not contain any declaration within the meaning of para. 2).
(b) If any of the situations referred to in s. 34.4) (b), the international preliminary examination report shall contain, for the claims in question, the indication referred to in subparagraph (a) and, in respect of the other claims, the declaration set out in para. 2).

Art. 36 Transmittal, Translation and Communication of the International Preliminary Examination Report

(1) The international preliminary examination report shall, together with the prescribed annexes, be transmitted to the applicant and to the International Bureau.

2)
(a) The international preliminary examination report and its annexes shall be translated into the prescribed languages.
(b) Any translation of the said report shall be prepared by or under the responsibility of the International Bureau; any translation of its annexes shall be prepared by the applicant.
3)
(a) The international preliminary examination report, with its translation (as prescribed) and its annexes (in the language of origin), shall be communicated by the International Bureau to each elected Office.
(b) The prescribed translation of the annexes shall be transmitted, within the prescribed time limit, by the applicant to the elected Offices.

(4) Art. 20.3) applies, Mutatis mutandis, Copies of any document cited in the international preliminary examination report and which has not been cited in the international search report.

Art. Withdrawal of the Demand or Elections

(1) The applicant may withdraw all or part of the elections.

(2) If the election of all elected States is withdrawn, the demand shall be considered withdrawn.

3)
(a) Any withdrawal shall be notified to the International Bureau.
(b) The International Bureau shall notify it to the elected Offices concerned and to the International Preliminary Examining Authority.
4)
(a) Subject to subparagraph (b), the withdrawal of the demand or the election of a Contracting State is, if the national law of that State does not otherwise dispose of it, considered to be a withdrawal of the application The international community in respect of that State.
(b) The withdrawal of the demand or the election is not considered to be a withdrawal of the international application if it is made before the expiration of the applicable time limit under s. 22; however, any Contracting State may provide, in its national law, only if its national Office receives, within that time limit, a copy of the international application, a translation (as prescribed) of the said application, and The national tax.
Art. 38 Confidential Nature of the International Preliminary Examination

(1) Except as requested or authorized by the applicant, the International Bureau and the International Preliminary Examining Authority shall not permit at any time, to any person or administration, other than elected Offices, after The establishment of the international preliminary examination report-to have access, to the meaning and conditions of the art. 30.4), in the file of the international preliminary examination.

(2) Subject to para. 1) and art. 3 (3) and (3) and (3) (b), the International Bureau and the International Preliminary Examining Authority shall not give, unless requested or authorized by the applicant, any information relating to the grant or refusal of the grant of a International preliminary examination report, or the withdrawal or maintenance of the demand or any election.

Art. 39 Copies, translations and fees for elected Offices
1)
A 1 ) If the election of a Contracting State was made before the expiration of the nineteenth month from the priority date, s. 22 does not apply to that State; the applicant shall furnish to each elected Office a copy of the international application (unless the communication referred to in Art. 20 has already taken place) and a translation (as prescribed) of that application and pays (if applicable) the national fee at the latest on the expiration of thirty months from the priority date.
(b) Any national legislation may, for the performance of the acts referred to in subparagraph (a), fix time limits after the time limit set out in that subparagraph.

(2) The effects provided for in art. 11.3) shall cease in the elected State with the same consequences as those resulting from the withdrawal of a national application in that State if the applicant does not carry out the acts referred to in para. 1) (a) within the time limit applicable under para. 1) a) or b).

(3) Any elected Office may maintain the effects provided for in Art. 11.3) even where the applicant does not comply with the conditions laid down in para. 1) a) or b).


1 New content according to the mod. Entry into force on 1 Er Jan 1985 (RO) 1984 1538).

Art. 40 Suspension of National Review and Other Procedures

(1) If the election of a Contracting State is effected before the expiration of the nineteenth month from the priority date, s. 23 does not apply to that State and its national Office, or any Office acting for that State, does not carry out the examination and undertakes no other proceedings relating to the international application, subject to para. 2), before the expiry of the time limit applicable under Art. 39.

(2) Notwithstanding the provisions of para. (1), any elected Office may, on the express request of the applicant, at any time carry out the examination and initiate any other proceedings relating to the international application.

Art. Amendment of the Claims, the Description and the Drawings before Elected Offices

(1) The applicant shall have the opportunity to amend the claims, the description and the drawings, within the prescribed time limit, with each elected Office. No elected Office shall grant a patent or refuse to grant a patent before the expiration of that time limit, unless otherwise agreed by the applicant.

(2) The amendments shall not go beyond the disclosure of the invention contained in the international application as filed, unless expressly permitted by the national law of the elected State.

(3) The amendments shall be in accordance with the national law of the elected State for all that is not fixed by this Treaty or the Regulations 1 .

(4) Where the elected Office requires a translation of the international application, the amendments shall be established in the language of the translation.


Art. Result of the National Review of Elected Offices

Elected Offices receiving the international preliminary examination report shall not require the applicant to furnish copies of documents relating to the examination relating to the same international application in any other elected Office, or to furnish copies thereof Information on the content of such documents.

Chapter III Common provisions

Art. 43 Search for certain titles of protection

The applicant may indicate, in accordance with the Regulations 1 , that its international application extends to the issue of an inventor's certificate, utility certificate or utility model and not to that of a patent, or to the grant of a patent or certificate of addition, of an author's certificate Additional invention or an additional utility certificate in any designated or elected State whose legislation provides for the grant of inventors' certificates, utility certificates, utility models, patents or certificates Addition, inventors' certificates of addition or utility certificates The effects resulting from that indication shall be determined by the choice made by the applicant. For the purposes of this article and any rule relating thereto, s. 2.ii) does not apply.


Art. 44 Search for two titles of protection

For any designated or elected State whose law permits an application for the grant of a patent or one of the other titles of protection mentioned in Article 43 to be equally applicable to another of those titles of protection, the applicant may Indicate, in accordance with the Regulations 1 , the two titles of protection which it seeks to grant; the resulting effects shall be determined by the indications of the applicant. For the purposes of this Article, Art. 2.ii) does not apply.


Art. 45 Regional Patent Treaty

(1) Any treaty providing for the grant of a regional patent ("regional patent treaty") and giving to any person, authorized by art. 9 to file international applications, the right to file applications for the grant of such patents may stipulate that international applications containing the designation or election of a State party to both the patent treaty May be filed for the grant of regional patents.

(2) The national law of such a designated or elected State may provide that any designation or election of the said State in the international application shall be regarded as an indication that the applicant wishes to obtain a regional patent in accordance with the Treaty Regional patent.

Art. Incorrect translation of the international application

If, because of an incorrect translation of the international application, the extent of a patent granted as a result of that application exceeds the scope of the international application in its language of origin, the competent authorities of the Contracting State May limit accordingly and in a retroactive manner the scope of the patent and declare that it is null and void to the extent that its extent exceeds that of the international application in its language of origin.

Art. Delays

(1) The calculation of the time limits provided for in this Treaty shall be fixed by the Regulations 1 .

2)
(a) All time limits set out in chap. I and II of this Treaty may, apart from any revision according to Art. 60, to be amended by decision of the Contracting States.
(b) The decision shall be taken by the Assembly or by postal vote and shall be unanimous.
(c) The details of the procedure shall be determined by the Regulations.

Art. 48 Delays in meeting certain deadlines

(1) Where a time limit fixed in this Treaty or in the Regulations 1 , shall not be observed because of the interruption of postal services, loss or unavoidable delay in the mail, this period shall be considered to be complied with in the cases specified in the Regulations and provided that the conditions of Evidence and other conditions prescribed in the said Regulations.

2)
(a) Any Contracting State shall, as far as it is concerned, excuse for reasons allowed by its national law any delay in the observance of a time limit.
(b) Any Contracting State may, as far as it is concerned, excuse for reasons other than those contained in subparagraph (a) any delay in the observance of a time limit.

Art. Right to Practice before International Authorities

Any lawyer, patent agent or other person, having the right to practice before the national Office with which the international application has been filed, has the right to exercise, in respect of that application, with the International Bureau, The competent International Searching Authority and the competent International Preliminary Examining Authority.

Chapter IV Technical Services

Art. 50 Patent Information Services

(1) The International Bureau may provide services (referred to in this Article "information services") , by providing technical information and other relevant information available to it, on the basis of published documents, mainly patents and published applications.

(2) The International Bureau may provide such information services either directly or through one or more International Searching Authorities or other specialized or national institutions, or The international community, with which it may have concluded agreements.

(3) Information services shall operate in such a way as to facilitate, in particular, the acquisition by Contracting States of developing countries of technical knowledge and technology, including the published "know-how" Available.

(4) Information services may be obtained by the governments of the Contracting States, by their nationals and by persons domiciled in their territory. The Assembly may decide to extend these services to others.

5)
(a) Any service provided to the governments of the Contracting States shall be provided at its cost; however, for the governments of the Contracting States which are developing countries, the service shall be provided below that price if the May be covered by the profits made on the provision of services to recipients other than the governments of the Contracting States or by the means referred to in Art. 51.4).
(b) The cost referred to in subparagraph (a) shall be understood as consisting of costs which are in addition to those incurred by the national Office or the International Searching Authority in any way to carry out their Tasks.

(6) Details concerning the application of this Article shall be governed by decisions of the Assembly and, within the limits set by the Assembly, by the working groups it may establish for that purpose.

(7) If it considers it necessary, the Assembly shall recommend alternative means of financing to supplement those provided for in para. 5).

Art. Technical assistance

(1) The Assembly shall establish a Technical Assistance Committee (referred to in this Article "the Committee").

2)
(a) The members of the Committee shall be elected from among Contracting States in such a way as to ensure appropriate representation of developing countries.
(b) The Director-General shall, on his own initiative or on the request of the Committee, invite representatives of intergovernmental organizations concerned with technical assistance to developing countries to take part in the work of the Committee.
3)
(a) The Committee's task is to organize and supervise the technical assistance granted to Contracting States which are developing countries, in order to develop their patent systems, either at the national level or at the regional level.
(b) Technical assistance includes the training of specialists, the provision of experts and the provision of equipment for demonstration and operational purposes.

(4) With a view to the financing of projects under this Article, the International Bureau shall endeavour to conclude agreements, on the one hand with international funding organizations and intergovernmental organizations, in In particular with the United Nations, United Nations agencies and the specialized agencies of the United Nations with expertise in technical assistance, as well as with the Governments of States Recipients of technical assistance.

(5) The details of the application of this Article shall be governed by decisions of the Assembly and, within the limits set by the Assembly, by the working groups it may establish for that purpose.

Art. Relation to Other Provisions of the Treaty

Nothing in this Chapter shall affect the financial provisions contained in the other Chapters of this Treaty. These provisions are not applicable to this Chapter or to its implementation.

Chapter V Administrative provisions

Art. Assembly
1)
(a) The Assembly shall be composed of the Contracting States, subject to s. 57.8).
(b) The Government of each Contracting State shall be represented by one delegate, who may be assisted by alternate delegates, advisors and experts.
2)
(a) The Assembly:
(i)
Deals with all matters concerning the maintenance and development of the Union and the application of this Treaty;
(ii)
Perform the tasks expressly assigned to it in other provisions of this Treaty;
(iii)
Provides guidance to the International Bureau concerning the preparation of revision conferences;
(iv)
Review and approve the reports and activities of the Director-General relating to the Union and give him all relevant directives concerning matters of the competence of the Union;
(v)
Review and approve the reports and activities of the Executive Committee established pursuant to para. 9) and provides guidance to the Committee;
(vi)
Adopts the programme, adopts the Union's three-year budget and approves its closing accounts;
(vii)
Adopts the financial regulation of the Union;
(viii)
Creates the committees and working groups it considers relevant to the achievement of the objectives of the Union;
(ix)
Decide which non-contracting States are and, subject to para. 8), which intergovernmental and international non-governmental organizations may be admitted to its meetings as observers;
X)
Undertakes any other appropriate action with a view to achieving the objectives of the Union and performs all other functions useful in the context of this Treaty.
(b) On matters which are also of interest to other Unions administered by the Organization, the Assembly shall act upon the advice of the Coordination Committee of the Organization.

(3) A delegate may represent only one State and may vote only on behalf of that State.

(4) Each Contracting State shall have one vote.

5)
(a) One-half of the Contracting States shall constitute a quorum.
(b) If this quorum is not attained, the Assembly may make decisions; however, such decisions, with the exception of those concerning its procedure, shall become enforceable only if the quorum and the required majority are reached by means of the vote By correspondence provided for in the Regulations 1 .
6)
(a) Subject to art. 47.2) (b), 58.2 (b), 58.3) and 61.2) (b), the decisions of the Assembly shall be taken by a two-thirds majority of the votes cast.
(b) Abstentions shall not be considered as votes.

(7) If these are matters of exclusive concern to States bound by chap. II, any reference to the Contracting States appearing in paras. (4), (5) and (6)) shall be considered to apply only to States bound by chap. II.

(8) Any intergovernmental organization appointed as an International Searching Authority or as an International Preliminary Examining Authority shall be admitted as an observer to the meetings of the Assembly.

(9) When the number of Contracting States exceeds forty, the Assembly shall establish an Executive Committee. Any reference made to the Executive Committee in this Treaty or in the Regulations shall cover the time when that Committee has been established.

(10) Until the establishment of the Executive Committee, the Assembly shall decide, within the limits of the programme and the three-year budget, on the annual programmes and budgets prepared by the Director General.

11) (a) 2
The Assembly shall meet once every two years in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
(b) 3 The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of the Executive Committee or at the request of a quarter of the Contracting States.

(12) The Assembly shall adopt its rules of procedure.


1 RS 0.232.141.11
2 New content according to the mod. Entered into force on May 3, 1984 (RO 1984 566).
3 Formerly let. C.

Art. Executive Committee

(1) When the Assembly has established an Executive Committee, it shall be subject to the following provisions.

2)
(a) Subject to s. 57.8), the Executive Committee shall be composed of the States elected by the Assembly from among the member States of the Assembly.
(b) The Government of each State member of the Executive Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors and experts.

(3) The number of member States of the Executive Committee shall correspond to one quarter of the number of member States of the Assembly. In calculating the seats to be filled, the remainder after division by four shall not be taken into account.

(4) In electing the members of the Executive Committee, the Assembly shall take into account equitable geographical distribution.

5)
(a) The members of the Executive Committee shall remain in office from the close of the session of the Assembly in which they have been elected until the end of the next ordinary session of the Assembly.
(b) Members of the Executive Committee shall be eligible for re-election to the maximum of two-thirds of them.
(c) The Assembly shall regulate the modalities of the election and the possible re-election of the members of the Executive Committee.
6)
(a) The Executive Committee:
(i)
Preparing the draft agenda for the Assembly;
(ii)
Submits proposals for the proposed biennial programme and budget to the Assembly 1 The Union prepared by the Director General;
(iii) 2
...
(iv)
Submits to the Assembly, with appropriate comments, the periodic reports of the Director-General and the annual reports on account verification;
(v)
Shall take all necessary measures for the implementation of the Union's programme by the Director General, in accordance with the decisions of the Assembly and taking into account the circumstances arising between two ordinary sessions of the Assembly;
(vi)
Perform all other tasks assigned to it under this Treaty.
(b) On matters which are also of interest to other Unions administered by the Organization, the Executive Committee shall act upon the advice of the Coordination Committee of the Organization.
7)
(a) The Executive Committee shall meet once a year in ordinary session, upon convocation by the Director General, as far as possible during the same period and at the same place as the Coordination Committee of the Organization.
(b) The Executive Committee shall meet in extraordinary session upon convocation by the Director General either on the initiative of the Executive Director or at the request of its Chairman or a quarter of its members.
8)
(a) Each member State of the Executive Committee shall have one vote.
(b) One-half of the member States of the Executive Committee shall constitute a quorum.
(c) Decisions shall be taken by a simple majority of the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent only one State and may vote only on behalf of that State.

(9) Contracting States which are not members of the Executive Committee shall be admitted to its meetings as observers, as well as any intergovernmental organization appointed as an International Searching Authority or As the International Preliminary Examining Authority.

(10) The Executive Committee shall adopt its rules of procedure.


1 New content according to the mod. Entered into force on May 3, 1984 (RO 1984 566).
2 Repealed by the mod. Entered into force on May 3, 1984 (RO 1984 566).

Art. International Bureau

(1) The administrative tasks of the Union shall be performed by the International Bureau.

(2) The International Bureau shall provide the secretariat of the various organs of the Union.

(3) The Director General shall be the highest official of the Union and shall represent it.

(4) The International Bureau shall publish a Gazette and other publications indicated by the Regulations 1 Or the Assembly.

(5) The Regulations shall specify the services to be provided by the national offices to assist the International Bureau, the International Searching Authorities and the Preliminary Examining Authorities To perform the tasks provided for in this Treaty.

(6) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly, the Executive Committee and any other committee or working group established pursuant to this Treaty or the Regulations. The Director General, or a staff member designated by him, shall be ex officio secretary of such bodies.

7)
(a) The International Bureau shall prepare the revision conferences as directed by the Assembly and in cooperation with the Executive Committee.
(b) The International Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision conferences.
(c) The Director General and the persons designated by him shall participate, without the right to vote, in the deliberations in the conferences of revision.

(8) The International Bureau shall carry out any other tasks assigned to it.


Art. 56 Technical Cooperation Committee

(1) The Assembly shall establish a Technical Cooperation Committee (referred to in this Article as "the Committee").

2)
(a) The Assembly shall determine the composition of the Committee and appoint its members, taking into account the equitable representation of developing countries.
(b) International Searching and Preliminary Examining Authorities shall be Ex officio Members of the Committee. Where such an Authority is the national Office of a Contracting State, the latter may not have any other representation on the Committee.
(c) If the number of Contracting States permits, the total number of members of the Committee shall be more than twice the number of members Ex officio.
(d) The Director General, on his own initiative or at the request of the Committee, invites representatives of interested organizations to participate in the discussions of interest to them.

3) The purpose of the Committee is to contribute, through advice and recommendations, to:

(i)
Continuously improve the services provided for in this Treaty;
(ii)
To obtain, as long as there are several International Searching Authorities and several International Preliminary Examining Authorities, that their documentation and working methods are as uniform as And that their reports are consistently of the highest possible quality;
(iii)
At the invitation of the Assembly or the Executive Committee, to resolve the technical problems specially posed by the institution of a single International Searching Authority.

(4) Any Contracting State and any interested international organization may refer questions of its jurisdiction to the Committee in writing.

(5) The Committee may address its opinions and recommendations to the Director General or, through the Director General, to the Assembly, to the Executive Committee, to all International Searching and Preliminary Examining Authorities Or to some of them and to all receiving Offices or to some of them.

6)
(a) The Director General shall, in all cases, provide the Executive Committee with the text of all the opinions and recommendations of the Committee. He can include his comments.
(b) The Executive Committee may express its views on any opinion or recommendation or any other activity of the Committee and may invite the Committee to consider and report on matters within its competence. The Executive Committee may submit to the Assembly, with appropriate comments, the opinions, recommendations and reports of the Committee.

(7) Until the establishment of the Executive Committee, references to the Executive Committee set out in para. 6) shall be considered as relating to the Assembly.

(8) The Assembly shall adopt the details of the procedure of the Committee.

Art. 57 Finance
1)
(a) The Union has a budget.
(b) The budget of the Union shall include the revenue and expenditure of the Union and its contribution to the budget of the expenses common to the Unions administered by the Organization.
(c) Expenses which are not exclusively attributable to the Union but also to one or more other Unions administered by the Organization shall be regarded as common expenses for the Unions. The Union's share of these common expenses is proportional to the interest that these expenses show for it.

(2) The budget of the Union shall be adopted taking into account the requirements of coordination with the budgets of the other Unions administered by the Organization.

(3) Subject to para. 5), the Union budget shall be financed by the following resources:

(i)
Fees and charges due for services rendered by the International Bureau in respect of the Union;
(ii)
Proceeds from the sale of the publications of the International Bureau concerning the Union and the rights relating to those publications;
(iii)
Gifts, bequests and grants;
(iv)
Rents, interest, and other miscellaneous income.

(4) The amount of the fees and amounts due to the International Bureau and the sale price of its publications shall be fixed in such a way as to normally cover all expenditure incurred by the International Bureau by the administration of this Treaty.

5)
(a) If a budget year closes with a deficit, Member States shall, subject to subparagraphs (b) and (c), pay contributions in order to cover that deficit.
(b) The Assembly shall adopt the contribution of each Contracting State, taking due account of the number of international applications received from each Contracting State during the year concerned.
(c) If the deficit may be provisionally covered in whole or in part by other means, the Assembly may, to that extent, decide to postpone it and not to seek contributions from the Contracting States.
(d) If the financial situation of the Union so permits, the Assembly may decide that any contributions made in accordance with subparagraph (a) shall be refunded to the Contracting States which have paid them.
(e) If a Contracting State has not paid its contribution under subparagraph (b) within two years from the date on which it was due in accordance with the decision of the Assembly, it shall not exercise the right to vote in any of the bodies Of the Union. However, any organ of the Union may authorise such a State to retain the exercise of its right to vote in that body as long as the latter considers that the delay is the result of exceptional and unavoidable circumstances.

(6) In the event that the budget is not adopted before the beginning of a new financial year, the budget for the previous year shall be renewed in accordance with the rules laid down in the Financial Regulation.

7)
(a) The Union shall have a working capital fund consisting of a single payment made by each Contracting State. If the fund becomes insufficient, the Assembly shall take the necessary measures to increase it. If part of this fund is no longer necessary, it shall be reimbursed to the Contracting States.
(b) The amount of the initial payment of each Contracting State to the said fund or its participation in the increase thereof shall be fixed by the Assembly on the basis of principles similar to those provided for in para. 5) b).
(c) The terms of payment shall be adopted by the Assembly on the proposal of the Director General and after the advice of the Coordination Committee of the Organization.
(d) Any reimbursement shall be proportionate to the amounts paid by each Contracting State, taking into account the dates of such payments.
8)
(a) The headquarters agreement concluded with the State in whose territory the Organization has its seat provides that, if the working capital fund is insufficient, the State shall grant advances. The amount of such advances and the conditions under which they are granted shall, in each case, be the subject of separate agreements between the State concerned and the Organization. As long as it is required to grant advances, that State shall have Ex officio A seat in the Assembly and the Executive Committee.
(b) The State referred to in subparagraph (a) and the Organization shall each have the right to denounce the undertaking to grant advances by written notification. Denunciation shall take effect three years after the end of the year in which it was notified.

(9) Account verification shall be carried out in accordance with the arrangements laid down in the Financial Regulation by one or more Contracting States or by external auditors. They shall, with their consent, be appointed by the Assembly.

Art. Regulations

(1) The Regulations 1 Annexed to this Treaty contains rules concerning:

(i)
The matters in respect of which this Treaty expressly refers to the Regulations or expressly provides that they are or will be prescribed;
(ii)
Any administrative requirements, questions or procedures;
(iii)
To any details relevant for the implementation of the provisions of this Treaty.
2)
(a) The Assembly may amend the Regulations.
(b) Subject to para. 3), the amendments require a majority of three-fourths of the votes cast.
3)
(a) The Regulations shall specify the rules which may be amended only:
(i)
By unanimous decision, or
(ii)
Provided that a disagreement is not manifested by one of the Contracting States of which the national Office functions as an International Searching Authority or International Preliminary Examining Authority, or, where such Administration is an intergovernmental organisation, by the Contracting State which is a member of that organisation having a mandate to that effect by the other Member States meeting within the competent body of that organisation.
(b) In order for any of these rules to be exempt from the specified requirements in the future, the requirements referred to in subparagraph (a) (i) or (a) (ii), as the case may be, must be met.
(c) In order for any future rule to be included in any of the categories referred to in subparagraph (a), unanimous consent is required.

(4) The Regulations provide that the Director General shall establish administrative instructions under the control of the Assembly.

(5) In the event of a discrepancy between the text of the Treaty and the text of the Regulations, the first shall prevail.


Chapter VI Disputes

Art. Disputes

Subject to Art. 64.5), any dispute between two or more Contracting States concerning the interpretation or application of this Treaty and the Regulations 1 Which will not be settled by negotiation may be brought by any of the States in question before the International Court of Justice by way of a request in accordance with the Statute of the Court 2 , unless the States in question agree to another method of settlement. The International Bureau will be informed by the Contracting State requesting the dispute submitted to the Court and will give notice to the other Contracting States.


Chapter VII Revision and amendments

Art. 60 Revision of the Treaty

(1) This Treaty may be subject to periodic reviews by means of special conferences of the Contracting States.

(2) The convocation of a Review Conference shall be decided by the Assembly.

(3) Any intergovernmental organization appointed as an International Searching Authority or as an International Preliminary Examining Authority shall be admitted as an observer to any conference of Revision.

(4) Art. 53.5), 9), and 11), 54, 55.4) to 8), 56 and 57 may be amended either by a revision conference or by the provisions of s. 61.

Art. 61 Amendment of Certain Provisions of the Treaty
1)
(a) Proposals for the amendment of s. 53.5), 9), and 11), 54, 55.4) to 8), 56 and 57 may be presented by any Member State of the Assembly, by the Executive Committee or by the Director General.
(b) These proposals shall be communicated by the Director General to the Contracting States at least six months before being submitted to the Assembly for consideration.
2)
(a) Any amendment to the articles referred to in para. 1) is adopted by the Assembly.
(b) Adoption shall require three-fourths of the votes cast.
3)
(a) Any amendment to the articles referred to in para. (1) shall enter into force one month after the receipt by the Director General of written notifications of acceptance, effected in accordance with their respective constitutional requirements, by three-fourths of the States which were members of the The Assembly at the time when the amendment was adopted.
(b) Any amendment of such Articles thus accepted shall bind all States which are members of the Assembly at the time when the amendment enters into force, on the understanding that any amendment which increases the financial obligations of the Contracting States shall not Between those of them who have notified their acceptance of the said amendment.
(c) Any amendment accepted in accordance with subparagraph (a) shall bind all States that become members of the Assembly after the date on which the amendment enters into force in accordance with subparagraph (a).

Chapter VIII Final clauses

S. 62 How States can become parties to the Treaty

(1) Any State member of the International Union for the Protection of Industrial Property may become party to this Treaty by:

(i)
The signature followed by the deposit of an instrument of ratification, or
(ii)
The deposit of an instrument of accession.

(2) Instruments of ratification or accession shall be deposited with the Director General.

(3) The provisions of Art. 24 of the Stockholm Act of the Paris Convention for the Protection of Industrial Property 1 Apply to this Treaty.

4) L' al. (3) in no case shall be construed as implying the recognition or tacit acceptance by any of the Contracting States of the factual situation in any territory to which this Treaty is made applicable by another State Contractor under that paragraph.


S. 63 Entry into force of the Treaty
1)
(a) Subject to the provisions of para. (3), this Treaty shall enter into force three months after eight States have deposited their instruments of ratification or accession, provided that at least four of those States comply with the following conditions:
(i)
The number of applications filed in the State concerned exceeds forty thousand according to the most recent annual statistics published by the International Bureau;
(ii)
The nationals or residents of the State concerned have, according to the most recent annual statistics published by the International Bureau, deposited in a foreign country at least 1,000 applications;
(iii)
The national Office of the State concerned has received from nationals of foreign countries or persons domiciled in such countries, according to the most recent annual statistics published by the International Bureau, at least ten thousand applications.
(b) For the purposes of this paragraph, the term "applications" does not include applications for utility models.

(2) Subject to para. (3), any State which does not become a party to this Treaty at the time of entry into force according to para. (1) is bound by this Treaty three months after the date on which it deposited its instrument of ratification or accession.

(3) The provisions of Chapter II and the corresponding rules of the Regulations 1 Annexed to this Treaty, however, shall apply only on the date on which three States meeting at least one of the conditions listed in para. (1) have become party to this Treaty without declaring, according to Art. 64.1), that they do not intend to be bound by the provisions of the chap. II. However, that date cannot be earlier than that of the original entry into force under para. 1).


Art. 64 Reservations
1)
(a) Any State may declare that it is not bound by the provisions of the chap. II.
(b) States making a declaration under subparagraph (a) shall not be bound by the provisions of the chap. II and the corresponding provisions of the Regulations 1 .
2)
(a) Any State which has not made a declaration under para. 1) (a) may declare that:
(i)
It is not bound by the provisions of s. 39.1) concerning the furnishing of a copy of the international application and of a translation (as required) of the international application;
(ii)
The obligation to suspend national treatment as set out in Art. 40, does not prevent the publication, by its national Office or through the intermediary thereof, of the international application or of a translation thereof, being understood, however, that that State is not exempt from the obligations under s. 30 and 38.
(b) States making such a declaration shall be bound only accordingly.
3)
(a) Any State may declare that, as far as it is concerned, the international publication of international applications is not required.
(b) Where, at the expiration of eighteen months from the priority date, the international application contains only the designation of States having made declarations under subparagraph (a), the international application shall not be published Pursuant to s. 21.2).
(c) Where the provisions of subparagraph (b) are applied, the international application shall, however, be published by the International Bureau:
(i)
On the applicant's request: in accordance with the Regulations;
(ii)
Where a national application or a patent based on the international application is published by the national Office of any designated State which has made a declaration under subparagraph (a) or on behalf of such Office: promptly after that Publication but not earlier than eighteen months after the priority date.
4)
(a) Any State whose national law recognizes its patents as having an effect on the prior art from a date earlier than that of publication but does not, for the purposes of the prior art, assimilate the priority date claimed in accordance with the The Paris Convention for the Protection of Industrial Property 2 On the date of the actual deposit in that State may declare that the deposit outside its territory of an international application designating it is not deemed to be an effective deposit in its territory for the purposes of the prior art.
(b) Any State making the declaration referred to in subparagraph (a) shall not, to that extent, be bound by s. 11.3).
(c) Any State making the declaration referred to in subparagraph (a) shall, at the same time, declare in writing the date from which and the conditions to which the effect on the prior art of any international application designating it occurs On its territory. This declaration may be amended at any time by notification addressed to the Director General.

(5) Any State may declare that it does not consider itself bound by s. 59. As regards any dispute between a Contracting State which has made such a declaration and any other Contracting State, the provisions of Art. 59 are not applicable.

6)
(a) Any declaration made under this Article shall be in writing. It may be so at the time of signature of this Treaty, upon the deposit of the instrument of ratification or accession, or, except in the case referred to in para. 5), at any later time by notification addressed to the Director General. In the case of such notification, the declaration shall effect six months after the date of receipt of the notification by the Director General and shall not affect international applications filed before the expiration of that six-month period.
(b) Any declaration made under this Article may be withdrawn at any time by notification addressed to the Director General. Such withdrawal shall become effective three months after the date of receipt of the notification by the Director General and, in the case of withdrawal of a declaration under para. 3), does not affect international applications filed before the expiration of that three-month period.

(7) No reservations other than those authorized to paras. (1) to (5) shall not be admitted to this Treaty.


Art. Progressive Application

(1) If the agreement concluded with an International Searching Authority or the International Preliminary Examining Authority provides, on a transitional basis, a limitation of the number or type of international applications that this Authority undertakes To be dealt with, the Assembly shall take the measures necessary for the progressive application of this Treaty and the Regulations 1 Specific categories of international applications. This provision is. Also applicable to applications for international-type search according to Art. 15.5).

(2) The Assembly shall fix the dates on which, subject to para. (1), international applications may be filed and applications for international preliminary examination may be submitted. Such dates shall not be after the sixth month following, as the case may be, the entry into force of this Treaty in accordance with the provisions of Art. 63.1) or the application of the chap. II in accordance with Art. 63.3).


Art. 66 Denunciation

(1) Any Contracting State may denounce this Treaty by notification addressed to the Director General.

(2) Denunciation shall take effect six months after the date of receipt of the notification by the Director General. Such denunciation shall not affect the effects of the international application in the State making the denunciation if it is before the expiration of that six-month period that the application has been filed and, if the State concerned has been elected, the election has been Performed.

Art. 67 Signature and Languages
1)
(a) This Treaty shall be signed in a single original in the English and French languages, both texts being equally authentic.
(b) Official texts shall be established by the Director General, after consultation with the Governments concerned, in the German, Spanish, Japanese, Portuguese and Russian languages, and in the other languages which the Assembly may indicate.

(2) This Treaty shall remain open for signature in Washington until 31 December 1970.

Art. 68 Depositary functions

(1) The record copy of this Treaty, when no longer open for signature, shall be deposited with the Director General.

(2) The Director General shall certify and transmit two copies of this Treaty and the Regulations 1 Which is annexed to the Governments of all States Parties to the Paris Convention for the Protection of Industrial Property 2 And, upon request, the Government of any other State.

(3) The Director General shall register this Treaty with the Secretariat of the United Nations.

(4) The Director General shall certify and transmit two copies of any amendment of this Treaty and the Regulations to the Governments of all Contracting States and, upon request, to the Government of any other State.


Art. 69 Notifications

The Director General shall notify the Governments of all States Parties to the Paris Convention for the Protection of Industrial Property 1 :

(i)
The signatures under s. 62;
(ii)
The deposit of instruments of ratification or accession according to Art. 62;
(iii)
The date of entry into force of this Treaty and the date from which Chapter II is applicable in accordance with Art. 63.3);
(iv)
Declarations made under s. 64.1) to 5);
(v)
Withdrawals from all returns made under s. 64.6) (b);
(vi)
Denunciations received pursuant to s. 66;
(vii)
Declarations made under s. 31.4).

In witness whereof, The undersigned, duly authorized to that effect, have signed this Treaty.

Done at Washington on June 19th, mil nine hundred and seventy.

(Suivent signatures)


1 RS 0.232.01 /.04

Scope of application on 7 April 2014 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

South Africa *

16 December

1998 A

March 16

1999

Albania

4 July

1995 A

4 October

1995

Algeria *

8 December

1999

8 March

2000

Germany

19 July

1976

24 January

1978

Angola

27 September

2007 A

27 December

2007

Antigua and Barbuda

17 December

1999 A

March 17

2000

Saudi Arabia

3 May

2013 A

August 3

2013

Armenia *

17 May

1994 S

25 December

1991

Australia

31 December

1979 A

March 31

1980

Austria

23 January

1979

April 23

1979

Azerbaijan

September 25

1995 A

25 December

1995

Bahrain *

18 December

2006 A

18 March

2007

Barbados

12 December

1984 A

12 March

1985

Belarus *

April 14

1993 S

25 December

1991

Belgium

September 14

1981

14 December

1981

Belize

March 17

2000 A

17 June

2000

Benin

26 November

1986 A

26 February

1987

Bosnia and Herzegovina

7 June

1996 A

7 September

1996

Botswana

July 30

2003 A

30 October

2003

Brazil

9 January

1978

April 9

1978

Brunei

24 April

2012 A

24 July

2012

Bulgaria

21 February

1984 A

21 May

1984

Burkina Faso

21 December

1988 A

21 March

1989

Cameroon

15 March

1973 A

24 January

1978

Canada

2 October

1989

2 January

1990

Chile *

2 March

2009 A

2 June

2009

China A

1 Er October

1993 A

1 Er January

1994

Hong Kong

6 June

1997

1 Er July

1997

Cyprus

1 Er January

1998 A

1 Er April

1998

Colombia

29 November

2000 A

28 February

2001

Comoros

3 January

2005 A

3 April

2005

Congo (Brazzaville)

8 August

1977 A

24 January

1978

Korea (North)

April 8

1980 A

July 8

1980

Korea (South)

10 May

1984 A

10 August

1984

Costa Rica

3 May

1999 A

August 3

1999

Côte d' Ivoire

31 January

1991

April 30

1991

Croatia

1 Er April

1998 A

1 Er July

1998

Cuba *

April 16

1996 A

July 16

1996

Denmark

1 Er September

1978

1 Er December

1978

Dominica

7 May

1999 A

7 August

1999

Egypt

6 June

2003

September 6

2003

El Salvador

17 May

2006 A

August 17

2006

United Arab Emirates

10 December

1998 A

10 March

1999

Ecuador

7 February

2001 A

7 May

2001

Spain

August 16

1989 A

16 November

1989

Estonia

24 May

1994 A

August 24

1994

United States *

26 November

1975

24 January

1978

Finland *

1 Er July

1980

1 Er October

1980

France *

25 November

1977

25 February

1978

Overseas Departments and Territories *

25 November

1977

25 February

1978

Gabon

6 March

1975 A

24 January

1978

Gambia

9 September

1997 A

9 December

1997

Georgia *

January 18

1994 S

25 December

1991

Ghana

26 November

1996 A

26 February

1997

Greece

July 9

1990 A

9 October

1990

Grenada

22 June

1998 A

22 September

1998

Guatemala

July 14

2006 A

14 October

2006

Guinea

February 27

1991 A

27 May

1991

Equatorial Guinea

April 17

2001 A

17 July

2001

Guinea-Bissau

12 September

1997 A

12 December

1997

Honduras

20 March

2006 A

20 June

2006

Hungary *

March 27

1980

27 June

1980

India *

7 September

1998 A

7 December

1998

Indonesia *

5 June

1997 A

September 5

1997

Iran *

4 July

2013

4 October

2013

Ireland

1 Er May

1992

1 Er August

1992

Iceland

December 23

1994 A

23 March

1995

Israel

1 Er March

1996

1 Er June

1996

Italy

28 December

1984

28 March

1985

Japan

1 Er July

1978

1 Er October

1978

Kazakhstan *

February 16

1993 S

25 December

1991

Kenya

8 March

1994 A

8 June

1994

Kyrgyzstan *

February 14

1994 S

25 December

1991

Laos *

March 14

2006 A

14 June

2006

Lesotho

July 21

1995 A

21 October

1995

Latvia

7 June

1993 A

7 September

1993

Liberia

27 May

1994 A

August 27

1994

Libya

15 June

2005 A

September 15

2005

Liechtenstein

19 December

1979 A

19 March

1980

Lithuania

5 April

1994 A

July 5

1994

Luxembourg

31 January

1978

April 30

1978

Macedonia

10 May

1995 A

10 August

1995

Madagascar

March 27

1972

24 January

1978

Malaysia *

May 16

2006 A

August 16

2006

Malawi

May 16

1972 A

24 January

1978

Mali

19 July

1984 A

19 October

1984

Malta *

1 Er December

2006 A

1 Er March

2007

Morocco

July 8

1999 A

8 October

1999

Mauritania

13 January

1983 A

13 April

1983

Mexico

1 Er October

1994 A

1 Er January

1995

Moldova *

February 14

1994 S

25 December

1991

Monaco

22 March

1979

22 June

1979

Mongolia

February 27

1991 A

27 May

1991

Montenegro

4 December

2006 S

3 June

2006

Mozambique *

18 February

2000 A

18 May

2000

Namibia

1 Er October

2003 A

1 Er January

2004

Nicaragua

6 December

2002 A

6 March

2003

Niger

21 December

1992 A

21 March

1993

Nigeria

February 8

2005 A

8 May

2005

Norway *

1 Er October

1979

1 Er January

1980

New Zealand

1 Er September

1992 A

1 Er December

1992

Oman

26 July

2001 A

26 October

2001

Uganda

9 November

1994 A

February 9

1995

Uzbekistan *

August 18

1993 S

25 December

1991

Panama

7 June

2012 A

7 September

2012

Papua New Guinea

March 14

2003 A

14 June

2003

Netherlands

10 April

1979

10 July

1979

Aruba

10 April

1979

10 July

1979

Curaçao

10 April

1979

10 July

1979

Caribbean (Bonaire, Sint Eustatius and Saba)

10 April

1979

10 July

1979

Sint Maarten

10 April

1979

10 July

1979

Peru

6 March

2009 A

6 June

2009

Philippines

17 May

2001

August 17

2001

Poland *

September 25

1990 A

25 December

1990

Portugal

August 24

1992 A

24 November

1992

Qatar *

3 May

2011 A

August 3

2011

Central African Republic

September 15

1971 A

24 January

1978

Dominican Republic

28 February

2007 A

28 May

2007

Czech Republic

18 December

1992 S

1 Er January

1993

Romania *

April 23

1979

July 23

1979

United Kingdom *

24 October

1977

24 January

1978

Isle of Man

27 July

1983

29 October

1983

Russia *

29 December

1977

March 29

1978

Rwanda

May 31

2011 A

August 31

2011

Saint Lucia *

30 May

1996 A

August 30

1996

Saint Kitts and Nevis

27 July

2005 A

27 October

2005

San Marino

September 14

2004 A

14 December

2004

Saint Vincent and the Grenadines

6 May

2002 A

August 6

2002

Sao Tome and Principe

3 April

2008 A

3 July

2008

Senegal

8 March

1972

24 January

1978

Serbia

1 Er November

1996

1 Er February

1997

Seychelles

7 August

2002 A

7 November

2002

Sierra Leone

March 17

1997 A

17 June

1997

Singapore

23 November

1994 A

23 February

1995

Slovakia

December 30

1992 S

1 Er January

1993

Slovenia

1 Er December

1993 A

1 Er March

1994

Sudan

16 January

1984 A

April 16

1984

Sri Lanka

26 November

1981 A

26 February

1982

Sweden *

17 February

1978

17 May

1978

Switzerland

September 14

1977

24 January

1978

Swaziland

20 June

1994 A

September 20

1994

Syria

26 March

2003

26 June

2003

Tajikistan *

February 14

1994 S

25 December

1991

Tanzania

14 June

1999 A

September 14

1999

Chad

12 February

1974 A

24 January

1978

Thailand *

24 September

2009 A

24 December

2009

Togo

28 January

1975

24 January

1978

Trinidad and Tobago

10 December

1993 A

10 March

1994

Tunisia *

10 September

2001 A

10 December

2001

Turkmenistan *

1 Er March

1995 S

25 December

1991

Turkey

1 Er October

1995 A

1 Er January

1996

Ukraine *

21 September

1992 S

25 December

1991

Vietnam

10 December

1992 A

10 March

1993

Zambia

August 15

2001 A

15 November

2001

Zimbabwe

March 11

1997 A

11 June

1997

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the World Intellectual Property Organization's website: www.wipo.int/treaties/fr or obtained from the Directorate of Public International Law (DDIP), Section of the International treaties, 3003 Berne.

A

The Treaty does not apply to Macao.


RO 1978 900; FF 1976 II 1


1 Art. 1 ch. 2 of the AF of 29 Nov 1976 (RO 1977 1709)
2 RO 1978 1026, 1979 159,1124, 1981 79 1755, 1982 1291, 1984 566, 1985 1469, 1987 706, 1988 1832, 1989 633, 1990 851, 1991 966, 1995 4044, 2004 2587, 2005 1507, 2006 2113, 2007 1335, 2009 2537, 2011 3545, 2014 967. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on April 7, 2014