Rs 0.232.141.1 Cooperation Treaty Of 19 June 1970 (Pct) Patent

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.232.141.1 original text Treaty patent cooperation (PCT), signed at Washington on June 19, 1970, approved by the Federal Assembly on November 29, 1976, Instrument of ratification deposited on 14 September 1977 by the Switzerland entered into force for the Switzerland January 24, 1978 (State on April 7, 2014) States Contracting, willing to contribute to the development of science and technology willing to refine inventions, seeking legal protection to simplify and render more economical the obtaining of protection of inventions when it is desired in several countries, wishing to facilitate and accelerate access to the technical information contained in the documents that describe inventions new, eager to stimulate and accelerate the country's economic progress in developing measures likely to increase the effectiveness of their systems of legal protection of inventions be they national or regional, allowing them to easily access information about obtaining technical solutions adapted to their specific needs and by facilitating their access to the always growing modern technology, donvaincus that international cooperation will facilitate greatly the achievement of these goals, have signed this Treaty: provisions introductory article 1 establishment of a union 1) States party to this Treaty (hereinafter called "The Contracting States") constitute a union for cooperation in the field of the filing, search and examination of applications for the protection of inventions, and for rendering special technical services. This union is known as the international patent cooperation Union.
(2) no provision of this Treaty may be interpreted as restricting the rights provided by the Paris Convention for the protection of industrial property in favour of nationals of the countries party to that convention or persons domiciled in those countries.

RS 0.232.01/.04 s. 2 definitions for the purposes of this Treaty and the regulations, and unless expressly stated: i) "application" means an application for protection of an invention; any reference to an "application" shall be construed as a reference to applications for patents for inventions, inventors ' certificates for inventions, utility, utility models, patents or certificates of addition, certificates of additional invention and utility certificates; ii) references to a "patent" shall be construed as a reference to patents for invention, inventor's certificates, utility certificates, utility models ((((, patents or certificates of addition, additional inventor's certificates and additional 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 with effect in more than one State; v) "regional application" means an application for a regional patent; vi) any reference to a "national application" shall be construed as a reference to patent applications national and regional patents, other than applications submitted in accordance with this Treaty; vii) "international application" means an application filed under this Treaty; viii) references to an "application" shall be construed as a reference to international and national applications; ix) references to a "patent" shall be construed as a reference to national and regional patents; x) any reference to "national law" shall be construed as a reference to the national legislation of a Contracting State or (, when it comes to a regional application or a regional patent treaty providing for the filing of regional applications or patents regional; xi) means 'priority date', for the purposes of the calculation of the time: was) where the international application contains a priority claim under art. 8, the date of the filing of the application whose priority is so claimed; b) where the international application contains several priority claims according to art. 8, the filing date of the earliest application whose priority is so claimed; c) where the international application contains no priority claim according to art. 8, the international filing date;

(xii) means 'national office' the Government of a Contracting State to grant patents. any reference to a "national office" means also as a reference to any intergovernmental authority by several States to grant regional patents, provided that one of those States at least either a Contracting State and that these States have authorized that authority to assume the obligations and exercise the powers that this Treaty and the regulations attribute to national offices; xiii) means "designated office" the national of the designated State Agency by the applicant pursuant chapter I of the present Treaty, as well as acting for that State; xiv) "elected office" means the national office of State elected by the applicant under Chapter II of the Treaty, as well as any office acting for that State; xv) means "receiving office" the national office or the intergovernmental organization where the international application has been filed; xvi) means 'Union' the International Patent Cooperation Union; xvii) means "Assembly". the Assembly of the Union; xviii) means "Organization" the world intellectual property organization; xix) means "International Bureau" means the international Bureau of the Organization and, as long as it subsists, the United International Bureaux for the protection of intellectual property (BIRPI); xx) "Director general" means the Director general of the Organization and, as long as BIRPI subsists, the Director of BIRPI.

RS 0.232.141.11 Chapter I international application and research international art. 3 international application 1) applications for the protection of inventions in any Contracting State can be filed as international applications within the meaning of this Treaty.
(2) an international application shall contain, in accordance with the present Treaty and the regulations, a request, a description, one or more claims, one or more drawings (where required) and an abstract.
(3) the abstract shall serve exclusively for the purposes of technical information; It cannot be taken into account for any other purpose, including to appreciate the scope of the protection sought.
((4) the international application: i) must be written in one of the prescribed languages; ii) must comply with the prescribed physical requirements; iii) shall comply with the requirement of unity of invention prescribed iv) is subject to the payment of the prescribed fees.

RS 0.232.141.11 s. 4 query 1) query must include: i) a petition that the international application must be treated in accordance with the present Treaty; ii) the designation of the Contracting States where the protection for the invention is sought on the basis of the international application ("designated States"); If the applicant can and wishes to obtain a regional patent instead of a national patent, for any designated State, the request shall so indicate; If the applicant cannot, under a regional patent treaty, limiting its application to some parties State audit processed, the designation of one of these States and the indication of the wish to obtain a regional patent shall be treated as a designation of all the States; If, according to the national law of the designated State, the designation of that State has the effect of a regional application, this designation must be assimilated to the indication of the wish to obtain a regional patent; iii) the name and other prescribed information relating to the applicant and the representative (if applicable); iv) the title of the invention; v) the inventor's name and other information prescribed in the case where the law of at least one of the designated States requires that These indications be provided upon the filing of a national application; in other cases, such indications may be included either in the query or in separate notices addressed to each designated office whose national law requires these indications but allows that they be given only after the deposit of the national demand.

(2) any designation is subject to payment, within the prescribed period, prescribed fees.
(3) if the applicant does not other titles of protection referred to in art. 43, the designation means that protection is sought consists of the grant of a patent by or for the designated State. For the purposes of this clause, art. 2.II) does not apply.
(4) the absence, in the query, the name of the inventor and other information concerning the inventor does no consequence in those designated States whose national law requires these indications but allows that they be given only after the deposit of the national demand. The absence of this information in a separate record does no effect in designated States where such indications are not required by national legislation.

S. 5 description the description shall disclose the invention in a manner sufficiently clear and complete to enable the skilled person to run it.

S. 6 claims the claims shall define the subject matter of protection is sought. The claims must be clear and concise. They must be fully supported by the description.

S. 7 drawings


(1) subject to the al. ((2) ii), drawings shall be required when they are necessary for the understanding of the invention.
((2) if the invention is of a nature such that it can be illustrated by drawings, even if they are not necessary for his intelligence: i) the applicant may include such drawings in the international application on its filing; ii) any designated office may require the applicant to furnish such designs within the prescribed period.

S. 8 claiming priority 1) the international application may contain a declaration, consistent with the requirements of the regulations, 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) a) subject to subparagraph (b), the conditions and effects of any claim of priority pursuant to para. (1) are those outlined in art. 4 of the Stockholm Act of the Paris Convention for the protection of intellectual industrielle.b) the international application which claims the priority of one or more earlier applications filed in or for a Contracting State may designate this 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 only one State, the conditions and the effects of the priority claim in that State are those prescribed by the national law of the latter.

RS 0.232.141.11 RS 0.232.01/.04 RS 0.232.04 s. 9 applicant 1) any person domiciled in a State Contracting 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 which is not a party to this Treaty, as well as the nationals of that country, to file international applications.
(3) the concepts of residence and nationality, as well as the application of these concepts where there are several applicants or where the applicants are not the same for all the designated States, are defined in the regulations.

RS 0.232.01/.04 RS 0.232.141.11 s. 10 receiving Office the international application must be submitted to the prescribed receiving office, which controls and treated in accordance with this Treaty and the regulations.

RS 0.232.141.11 s. 11 filing date and effects of international application) 1 the receiving office grants, as the international filing date, the date of receipt of the international application if it finds during this reception that: i) the applicant is not without clearly, for reasons of residence or nationality, the right to file an international application with the receiving office; ii) the international application shall be made in the prescribed language; iii) the international application contains in the least the following elements: a) an indication that it was filed as an international application; b) the designation of a Contracting State to the less; c) the name of the applicant, indicated in the prescribed manner; d) a part which at first glance appears to be a description; e) a part which at first glance appears to be a claim.

(2) a) if the receiving office finds that the international application does not, when it was received, the conditions listed in the al. (1), it shall invite the applicant, in accordance with the regulations, to the necessaire.b correction) if the applicant responds to this invitation, in accordance with the regulations, the receiving office accorded as the international filing date, the date of receipt of the required correction.

(3) subject to art. 64.4), any international application fulfilling the requirements listed in items (i)) III) Al. (1) and to which an international filing date has been granted a, from the date of the international deposit, the effect of a regular national application in each designated State. This date is considered as the actual filing date in each designated State.
((4) any international application fulfilling the requirements listed in items (i)) III) Al. (1) is regarded as having the value of a regular national filing within the meaning of the Paris Convention for the protection of industrial property.

RS 0.232.141.11 RS 0.232.01/.04 s. 12 transmission of the international application to the international Bureau and the authority of international research 1) a copy of the international application is kept by the receiving office ("receiving office copy"), one copy ("record copy") is transmitted to the international Bureau, and another copy ("search copy") is transmitted to the competent authority the international search under article 16 , in accordance with the regulations.
(2) the original copy is considered authentic copy of the international application.
(3) the international application is considered withdrawn if the international Bureau does not receive the original copy within the prescribed period.

RS 0.232.141.11 s. 13 possibility of designated offices to receive copy of the international application 1) any designated office may ask the international Bureau a copy of the international application before the communication provided for in art. 20; the international Bureau shall give this copy as soon as possible after the expiry of a period of one year from the date of priority.
((2)) the applicant may, at any time, provide a copy of its internationale.b application to any designated office) the applicant may, at any time, request the international Bureau to any designated office a copy of his international application; (the international Bureau must provide as soon as possible this audit office.c copy) any national office may notify the international Bureau that he does not want to receive the copies referred to in subparagraph (b)); in this case, said subparagraph does not apply to that office.

S. 14 irregularities in the international application) 1 a) the receiving Office checks if the international application: i) is signed in accordance with the regulations; ii) shall contain the particulars prescribed about the applicant iii) has a title; iv) contains an abstract; v) meets, to the extent provided by the regulations, the hardware requirements.

(b) if the receiving office finds that any of these requirements is not observed, it invites the applicant to correct the international application within the period prescribed; failing that, this application is considered withdrawn and the receiving office so declares.

(2) if the international application refers to drawings even though they are not included in the request, the receiving office shall notify the applicant, who may deliver these drawings within the time prescribed; the international filing date is the date of receipt thereof drawings by the receiving office. Otherwise, any reference to such drawings is considered non-existent.
(3) a) if the receiving office finds that the fees prescribed under art. (3.4) iv) have not been paid within the time prescribed or fee prescribed under art. (4.2) has been paid for any of the designated States, the international application is considered withdrawn and the receiving office the declare.b) if the receiving office finds that the fee prescribed under art. 4.2) has been paid within the time prescribed for one or more designated (but), States the designation of those States for which the fee has not been paid within the prescribed period shall be deemed to have been withdrawn and the receiving office so declares.

((4) If, after he gave the international application an international filing date, the receiving office finds, within the prescribed time limit, that any of the requirements listed in items (i)) III) art. 11.1) was not filled at this date, this application is considered withdrawn and the receiving office so declares.

RS 0.232.141.11 s. 15 international search 1) each international application is the subject of an international search.
(2) the international search is to discover the relevant State of the art.
(3) the international search is carried out on the basis of the claims, in light of the description and drawings (if any).
(4) the authority the international search referred to in art. 16 shall endeavor to discover the State of the art relevant only to the extent where its facilities permit, and shall, in any case, consult the documentation specified in the regulations.
((5)) the holder of a national application filed with the national office of a Contracting State or acting for such State may, if the national law of that State so permits, and the conditions laid down by this law, request that a search similar to an international search ("search international-type») is performed on this demande.b) the national office of a Contracting State or the agency acting for such a State can If the national law of that State so permits, submit to international-type search any national application filed with it.

(c) the international-type search is 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 were an international application filed with the office referred to in subparagraphs a) and b). If the national application is written in a language in which the International Searching Authority considers is not able to process the request, the international-type search is performed on the basis of a translation prepared by the applicant in one of the languages prescribed for international applications that that authority is committed to accept for international applications. Domestic demand and the translation, where required, must be submitted in the form prescribed for international applications.

RS 0.232.141.11 s. 16 the 1 International Searching Authority) the international search is made by an authority the international search; This can be either a national office or an intergovernmental organization, such as the international patent Institute, whose duties include reporting of documentary research on the State of the art concerning object of patent applications inventions.
(2) If, pending the establishment of a single International Searching Authority, there are several international searching authorities, each receiving office specifies, in accordance with the provisions of the applicable agreement referred to in the al. (3-b), or of those authorities which are competent to carry out the search for international applications filed with that office.
(3) a) International Searching authorities are appointed by the Assembly. Any national office and any intergovernmental organization fulfilling the requirements referred to in subparagraph (c)) may be appointed as an authority searching internationale.b) the appointment depends on the consent of the national office or the intergovernmental organization and the conclusion of an agreement, which must be approved by the Assembly, between such office or organization and the international Bureau. This agreement specifies the rights and obligations of the parties and contains in particular the commitment formal of the said office or organization to apply and observe all the common rules of international search.
(c) the regulations prescribed minimum requirements, particularly as regards staff and documentation, to which each agency or organization must meet before it can be appointed, and which it must continue to satisfy while it remains appointed.
(d) the appointment is made for a specified period, that is capable of extension.
e) before taking a decision on the appointment of a national office or an intergovernmental organization or with respect to the extension of such an appointment, the same before leaving such an appointment be terminated, the Assembly heard the office or organization concerned and takes the opinion of the Committee for technical cooperation referred to in art. 56, after this Committee has been established.

RS 0.232.141.11 s. 17 procedure before the International Searching Authority 1) the procedure before the International Searching Authority is determined by this Treaty, the regulations and the agreement which the international Bureau finds, in accordance with this Treaty and the regulations, with this administration.

((2)) if the International Searching Authority finds: i) that the international application relates an object for which it is not required, under the regulations, to carry out research, and decides in this case not to proceed with the research, OKE) that the description, claims or drawings fail to fulfil the prescribed conditions, in a measure such as a meaningful search could not be performed It shall so declare and shall notify the applicant and the international Bureau that an international search report will be established.
b) if one of the situations referred to in subparagraph a) exists in connection with certain claims, the international search report is indicated for these claims and it shall be established for the other claims, pursuant to art. 18. 3) a) if the International Searching Authority finds that the international application met the requirement of unity of invention as defined in the regulations, it shall invite the applicant to pay additional fees. Of the International Searching Authority establishes the international search report on those parts of the international application which relate to the invention first mentioned in the claims ("main invention") and, provided the required additional fees have been paid within the prescribed period on the parts of the international application which relate to inventions for which the said fees were payees.b) the national law of any designated State may provide When the Agency national of this State considers justified the invitation, referred to in subparagraph) of the authority of international research and where the applicant has not paid all additional fees, those parts of the international application which therefore have not been the subject of a search are considered as withdrawn regards the effects in that State, unless a special fee is paid by the applicant to the office national of that State.

RS 0.232.141.11 s. 18 international search report 1) the international search report is established within the prescribed time limit and in the prescribed form.
(2) the international search report is, once it has been established, transmitted by the authority of the international search to the applicant and to the international Bureau.
(3) the international search report or the declaration referred to in art. (17.2) has) is translated in accordance with the regulations. The translations shall be prepared by the international Bureau or under his responsibility.

RS 0.232.141.11 s. 19 amendment of claims before the international Bureau 1) the applicant, after receiving the international search report, has the right to modify once the claims of the international application by filing amendments, within the time prescribed, with the international Bureau. It may include a brief statement in accordance with the regulations, explaining the amendments and indicating the effects these may have on the description and drawings.
(2) the amendments shall not go beyond the disclosure of the invention contained in the international application as originally filed.
(3) failure to comply with the provisions of para. (2) has no consequence in those designated States whose national law provides that the amendments go beyond the disclosure of the invention.

RS 0.232.141.11 s. 20 communication to designated offices) 1 a) the international application, with the report of international research (including any indication referred to in article 17.2) b)) or the declaration referred to in art. 17.2) has), is communicated, in accordance with the regulations, to any designated office which has not waived, totally or partially, to this communication.b) communication includes the translation (as prescribed) of the report or of the declaration.

(2) if the claims have been amended under art. 19.1), communication must either contain the full text of the claims as filed and as amended, either include the full text of the claims as filed and specify the amendments; It must also, where appropriate, contain the declaration referred to in art. (19.1) 3) at the request of the designated office or the applicant, the International Searching Authority their address in accordance with the regulations, copies of the documents cited in the international search report.

RS 0.232.141.11 s. 21 international publication 1) the international Bureau shall in the publication of international applications.
(2) a) subject to the exceptions provided for in subparagraph (b)) and art. ((64.3), the international publication of the international application takes place promptly after the expiration of a period of eighteen months from the date of this demande.b priority) the applicant may request the international Bureau to publish his international application at any time before the expiration of the period mentioned in subparagraph a). The international Bureau shall, in accordance with the regulations.

(3) the international search report or the declaration referred to in art. (17.2) has) is published in accordance with the regulations.
(4) the language and form of international publication, as well as other details, are fixed by the regulations.
(5) it shall be made with no international publication if the international application is withdrawn or considered withdrawn before 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 disparaging 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 provides, on request, special copies of thus omitted passages.


RS 0.232.141.11 s. 22 copies, translations and fees for designated offices 1) the applicant furnishes to each designated office a copy of the international application (unless the communication under article 20 has already taken place) and a translation (as prescribed) of this application and pay (if applicable) the national fee no later than at the expiration of a period of 30 months from the priority date. Where the inventor's name and 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 contained in the request, communicate them to the national of that State agency or the agency acting for the latter no later than at the expiration of a period of 30 months from the priority date.
((2) where the International Searching Authority declares, in accordance with article 17.2) has), that no international search report will be established, the time limit for performing the acts referred to in the al. (1) of this section is the same as that provided for the al. (1) 3) the law of any Contracting State may, for performing the acts referred to in the al. (1) and 2), fix time limits expiring after those contained such clauses.

New content according to chapter I of the am. 3 oct. 2001, in force since April 1, 2002 (RO 2005 1507).
New content according to the mod. EFF. date 1 Jan. 1985 (1984 1538 RO).

S. 23 national proceedings 1) no designated office does not incorporate not to consider the international application before the expiration of the applicable time limit under art. (22-2) Notwithstanding the provisions of para. 1), at the express request of the applicant, any designated office may process or examine the international application at any time.

S. 24 possible loss of effect in designated States 1) subject of art. 25 in the case referred to in item (ii)), the effects of the international application provided for in art. 11.3) cease in any designated State, and this separation has the same consequences as the withdrawal of a national application in that State: i) if the applicant withdraws the international application or the designation of that State; ii) if the international application is considered withdrawn because of the art. 12.3), 14.1) b), 14.3) or 14.4), or if the designation of that State is considered to be withdrawn according to art. 14.3) b); iii) if the applicant does not, within the applicable time limit, acts mentioned in art. (22-2) Notwithstanding the provisions of para. 1), any designated office may maintain the effect provided for in art. 11.3) even where it is not required that such effects are maintained because of the art. (25.2) s. (25 review by designated offices 1) a) where the receiving office refuses to accord an international filing date or declares that the international application is considered withdrawn, or when the international Bureau makes a finding under art. (12.3), this Office shall promptly upon request of the applicant, to any designated office indicated by him, copies of any document contained in the dossier.b) where the receiving office declares that the designation of a State is considered withdrawn, the international Bureau, upon request of the applicant, address promptly to the national office of that State copies of any document contained in the file.
c) queries based on subparagraphs) a or b) must be submitted within the prescribed period.
((2) a) subject to the provisions of subparagraph (b)), any office designated, if the national fee (if any) has been paid and if the appropriate translation (as what is prescribed) has been furnished within the prescribed period, decides if the refusal, declaration or finding referred to in the al. (1) were justified for the purposes of this Treaty and the regulations; If it finds that the refusal or the declaration is the result of an error or omission of the receiving office or that the finding is the result of an error or omission of the international Bureau, it deals with the international application, as regards its effects in the State of the designated office, as if such error or omission had not produite.b) when the record copy reach the international Bureau after the expiration of the time prescribed in art. (12.3) due to an error or omission of the applicant, subparagraph (a)) applies only in the circumstances mentioned in art. (48.2) RS 0.232.141.11 s. 26 opportunity to correct before designated offices no designated office may reject an application on the ground that the latter does not meet the conditions of this Treaty and the regulations without first giving the applicant the opportunity to correct the application in the measure and the procedure laid down by national law for identical or comparable situations posing about national applications.

RS 0.232.141.11 s. 27 national requirements 1) no national law may require that the international application as to its form or contents, different requirements of those provided for in this Treaty and the regulations or additional requirements.
(2) the provisions of para. (1) shall not affect the application of art. 7.2) or preclude any national law from requiring, once the processing of the international application has started in the designated office: i) where the applicant is a legal person, the name of a latter officer authorized to represent it; ii) the furnishing of documents which do not belong to the international application but which constitute proof of allegations or statements made in that application including the confirmation of the international application by signature of the applicant when this request, as it had been filed, was signed by its representative or his representative.

(3) where the applicant, for the purposes of any State designated, lacks standing under the national law of that State for 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 the national law provides, for what concerns the form or content of national applications, for requirements which, from the point of view of applicants, are more favorable than those provided for in this Treaty and the regulations to international applications, the national office, the courts and other bodies of the designated State or acting for the latter may apply the first requirements in place of the last, international applications, except where the sauf si le deposant applicant requires that the requirements laid down by this Treaty and the regulations be applied to his international application.
(5) Nothing in this Treaty or in the regulations can be understood as that would limit the freedom of any Contracting State to prescribe such substantive conditions of patentability as it desires. In particular, any provision in this Treaty and the regulations concerning the definition of the State of the art must be understood exclusively for the purposes of the international procedure; Therefore, any Contracting State is free to apply, when determining the patentability of an invention the subject of an international application, its national law criteria for the State of the art and other conditions of patentability which are not of the requirements relating to the form and content of applications.
(6) the national law may require the applicant to provide evidence in respect of any condition of substantive law of patentability prescribed.
(7) any receiving office, as well as any designated office which has started processing the international application, may apply any provision in its national legislation on the mandatory representation of the applicant by a representative authorized to this office and the compulsory indication of a service address in the designated State for the purpose of receiving notifications.
(8) Nothing in this Treaty or in the regulations can only be understood as that would limit the freedom of any Contracting State to apply the measures as it considers necessary in national defence or limit, to protect its economic interests, the right to its nationals or persons who are domiciled on its territory to file international applications.

RS 0.232.141.11 s. 28 amendment of the claims, description and drawings to designated offices 1) the applicant must have the opportunity to amend the claims, the description and the drawings, within the time prescribed, before each designated office. No designated office may not issue patent or refuse to issue before the expiry of this period, except with the express agreement of the applicant.
(2) the amendments shall not go beyond the disclosure of the invention contained in the international application as filed, unless the national law of the designated State expressly permits.
(3) the amendments must comply with the national law of the designated State for everything is not fixed by this Treaty or the regulations.
(4) where the designated office requires a translation of the international application, the changes must be established in the language of the translation.

RS 0.232.141.11 s. 29 effects of the international publication


(1) for the protection of any rights of the applicant in a designated State, the international publication of an international application has, in that State, subject to the provisions of paras. (2) to 4), the same effects as those committed by the national legislation of that State to the national publication mandatory of national applications not considered as such.
(2) if the language of the publication differs from the publications required by the national law of the designated State, the national law may provide that the effects provided for in para. (1) do occur only from the date where: i) a translation into that last language is published in accordance with the national legislation; OKE) a translation in this last language is made available for public inspection, in accordance with national legislation; or III) a translation in this last language is transmitted by the applicant to the user authorized, actual or potential, of the invention the subject of the international application; ouiv) the two acts referred to in points i) and (iii)), or the two acts referred to in Points) ii and iii), has been made.

(3) the national law of any designated State may provide that, where the international publication was made on request of the applicant, before the expiration of a period of eighteen months from the priority date, the effects provided for in the al. (1) do not occur until the expiry of a period of eighteen months from the priority date.
(4) the national law of any designated State may provide that the effects provided for in para. (1) do occur only from the date of receipt, by the national office or by acting for that State, of a copy of the publication, carried out in accordance with art. 21, of the international application. This office shall publish as soon as possible, the date of receipt in its gazette.

S. 30 confidential nature of the international application 1) has) subject to subparagraph (b)), the international Bureau and the International Searching authorities shall allow any person or authority to have access to the international application before its international publication, request or authorization of the deposant.b) subparagraph (a)) does not apply to the transmission to the competent authority the international search transmissions provided for in art. 13 or the notifications provided for in art. 20. 2) a) no national office may allow third parties to have access to international application request or authorization of the applicant, before the following dates involved the first: i) date of the international publication of the international application; ii) date of receipt of the communication of the international application according to art. 20; iii) date of receipt of a copy of the international application under art. 22. b) subparagraph) should not prevent a national office to inform third parties that it has been designated, or publish this fact. Such information or publication may however contain only the following: identification of the receiving office, name of the applicant, the international filing date, international application number, and title of the invention.
c) subparagraph) should not prevent a designated office to allow the judicial authorities to have access to the international application.

(3) al. (2) a) applies to any receiving office, except for planned transmissions to art. (12.1) 4) for the purposes of this article, the term "access" includes any means by which third parties may acquire cognizance, including therefore individual communication and general publication. However, no national office shall publish an international application or its translation before the international publication or before the expiry of a period of twenty months from the date of priority if the international publication was not held at the expiry of this period.

Chapter II examination international preliminary art. 31 demand for international preliminary examination 1) upon request of the applicant, the international application is the subject of international preliminary examination in accordance with the following provisions and the regulations.
((2)) any applicant who, within the meaning of the regulations, is domiciled in a Contracting State bound by chapter II or is the national of such a State and whose international application filed with the agency receiving this State or acting on behalf of that State, may make a request to review preliminary international.b) the Assembly may decide to allow persons authorized to file international applications to submit requests for preliminary examination even if they are domiciled in a non-Contracting State bound by chapter II or nationals of such a State.

(3) the demand for international preliminary examination must be established independently of the international application. It must contain the prescribed information and be prepared in the language and in the prescribed form.
(4) a) the demand shall indicate those Contracting States where the applicant intends to use the results of the international preliminary examination ("elected States"). Additional Contracting States may be elected later. Election may relate only to Contracting States already designated pursuant to art. 4.b) applicants referred to in para. (2) a) may elect any Contracting State bound by chapter II. The applicants referred to in para. ((2) b) may elect that the Contracting States bound by chapter II which were willing to be elected by such applicants.

(5) the demand gives rise to payment of the prescribed fees within the prescribed time limit.
(6) has) the demand for international preliminary examination must be submitted to the competent international preliminary examining authority referred to in art. 32(b)) any later election shall be submitted to the international Bureau.

(7) each elected office is notified of his election.

RS 0.232.141.11 s. 32 examining the international preliminary examination 1) international preliminary examination is carried out by the international preliminary examining authority.
(2) for requests for international preliminary examination referred to in art. (31.2) has) and art. (31.2) b), the receiving office or the Assembly, respectively, specify, in accordance with the provisions of the applicable agreement between the administration or administrations interested international preliminary examining authority and the international Bureau, that or those of these Governments who will be competent for the preliminary examination.
(3) the provisions of art. 16.3) shall apply, mutatis mutandis, to the international preliminary examination authorities.

S. 33 international preliminary examination 1) international preliminary examination is to formulate a preliminary opinion and without commitment on the questions of whether if the invention whose protection is sought appears to be new, involve an inventive step (to be non-obvious) and to be industrially applicable.
(2) for the purposes of the international preliminary examination, the invention for which protection is sought is considered as new if it is not found prior art in the State of the art as defined in the regulations.
(3) for the purposes of the international preliminary examination, the invention which protection is sought shall be considered as involving an inventive step if, given the State of the art as defined in the regulations, it is not, at the prescribed relevant date, obvious to the skilled person.
(4) for the purposes of the international preliminary examination, the invention for which protection is sought is regarded as industrially applicable if, according to its nature, it can be made or used (in the technological sense) in any kind of industry. The term "industry" shall be understood in its broadest sense as in the Paris Convention for the protection of industrial property.
(5) the foregoing criteria are 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) international preliminary examination shall take into consideration all the documents cited in the international search report. It may take into consideration all additional documents considered to be relevant in the present case.

RS 0.232.141.11 RS 0.232.01/.04 s. 34 procedure before the IPEA international preliminary examination 1) the procedure before the international preliminary examining authority is determined by this Treaty, the regulations and the agreement which the international Bureau finds, in accordance with this Treaty and the regulations, with this administration.

((2)) the applicant has the right to communicate, verbally and in writing with the authority examining the preliminary international.b) the applicant has the right to amend the claims, the description and the drawings, in the prescribed manner and within the time limit, before the establishment of the international preliminary examination report. The amendments should not go beyond the disclosure of the invention contained in the international application as originally filed.

c) the applicant receives from the international preliminary examining authority unless a written notice, unless that authority is satisfied that all the following conditions are met: i) the invention satisfies the criteria set out in art. ((33.1); ii) the international application meets the conditions of this Treaty and the regulations insofar as they are controlled by the said administration; iii) it is not intended to make representations within the meaning of art. 35.2), last sentence.

(d) the applicant may respond to the ecrit.3 notice) a) if the international preliminary examining authority considers that the international application met the requirement of unity of invention as defined in the regulations, it may invite the applicant, at the applicant's option, either to restrict the claims so as to comply with this requirement, or to pay fees additionnelles.b) the national law of any elected State may provide that (when the applicant chooses to restrict the claims within the meaning of subparagraph a), those parts of the international application which consequently limitation, are not the subject of international preliminary examination are, with regard to the effects in that State, considered withdrawn unless a special fee is paid by the applicant to the office national of that State.
c) if the applicant does not not comply with the invitation referred to in subparagraph a) within the prescribed time limit, the international preliminary examining authority establishes a report on those parts of the international application which relate to what appears to be the main invention and overlooks this point of indications in the report. The national law of any elected State may provide that, where the national of that State Board considers justified the invitation by the international preliminary examining authority, the parts of the international application which do not relate to the main invention are, for what concerns the effects in that State, considered as withdrawn unless a special fee is paid by the applicant to that office.
((4)) if the international preliminary examining authority finds: i) that the international application relates an object for which it is not required, under the regulations, to carry out international preliminary examination and decides in this case not to carry out such a review, OKE) that the description, claims or drawings are not clear, or that the claims don't rely adequately on the description so that a valid opinion can be formed on novelty, inventive step (nonobviousness) or industrial applicability of the invention for which protection is sought, it does not address the issues mentioned in art. 33.1) and made known to the applicant this opinion and the reasons therefor.
(b) if one of the situations referred to in subparagraph a) exists only in respect of certain claims or in connection with certain claims, the provisions of subparagraph a) apply only in respect of these claims.

RS 0.232.141.11 s. 35 international preliminary examination report 1) the international preliminary examination report is established within the prescribed time limit and in the prescribed form.
(2) the international preliminary examination report shall not contain any statement on the question whether if the invention for which protection is sought is or seems to be patentable or unpatentable according national legislation any. He said, subject to para. 3), in relation to each claim, whether the claim appears to satisfy the criteria of novelty, inventive step (non-obviousness) and industrial applicability, such as these criteria are defined, for the purposes of the international preliminary examination in art. (33.1) to 4). This declaration must be accompanied by the quote documents which appear to support the conclusion declared, and all explanations that may be necessary in this case. This statement should also be joined other observations provided for in the implementing regulation.
(3) has) if the international preliminary examining authority finds, when establishing of ' international preliminary examination report, that any of the situations mentioned in art. (34.4) has) exists, the report shall state this and shall state the reasons. It should contain no declaration within the meaning of para. ((2) .b) if one of the situations mentioned in art. 34.4) b) exist, the international preliminary examination report contains, for the claims in question, the indication provided for in subparagraph a) and for the other claims, the declaration indicated in para. (2) RS 0.232.141.11 s. 36 transmission, translation and communication of the international preliminary examination report 1) is the international preliminary examination report, with annexes prescribed, transmitted to the applicant and to the international Bureau.
((2)) the international preliminary examination report and its annexes are translated into languages prescrites.b) any translation of the said report is prepared by the international Bureau or under its responsibility; any translation of the annexes thereto is prepared by the applicant.
((3)) 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 office elu.b) the prescribed translation of the annexes shall be forwarded within the time limit prescribed by the applicant for the elected offices.

(4) art. 20.3) shall apply, mutatis mutandis, to copies of any document which is cited in the international preliminary examination report which was not cited in the international search report.

S. 37 withdrawal of demand or election 1) the applicant may withdraw all or part of the election.
(2) if the election of all elected States is removed, the demand for international preliminary examination is considered to be withdrawn.
((3)) any withdrawal shall be notified to the Office international.b) the international Bureau shall notify the interested elected offices and the interested 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 provide otherwise, deemed as a withdrawal of the international application with respect to this Etat.b) the withdrawal of the demand or of 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 art. 22; However, any Contracting State may provide in its national legislation, to ira so that if its national office receives, within this period, a copy of the international application, a translation (as prescribed) of the request and the national fee.

S. 38 confidential nature of the international preliminary examination 1) unless request or authorization of the applicant, the international Bureau and the international preliminary examining authority cannot allow at any time to any person or authority - with the exception of the elected offices, after the establishment of the international preliminary examination report - access, the meaning and the conditions of art. 30.4), on file with the international preliminary examination.
(2) subject to the al. (1) and art. 36.1) and 3) and 37.3) b), the international Bureau and the international preliminary examining authority cannot give, unless request or authorization of the applicant, no information related to the issuance or refusal of issuance of a report of international preliminary examination, removal or maintenance of the demand or an election still any.

S. (39 copies, translations and fees for offices elected 1) was) if the election of any Contracting State has been made before the expiration of the 19th month from the priority date, art. 22 does not apply to that State; the applicant furnishes to each elected office a copy of the international application (unless the communication under article 20 has already taken place) and a translation (as prescribed) of this application and pay (if applicable) the national fee no later than on the expiry of a period of thirty months from the date of priorite.b) any national law may (, for performing the acts referred to in subparagraph), fix time limits expiring after one appearing audit subparagraph.

(2) the effects provided for in art. 11.3) stop in the State elected with the same consequences as those arising from the withdrawal of a national in this State application if the applicant does not perform the acts referred to in the al. (1) a) within the time limit applicable under para. ((1)) or b).
(3) any elected office may maintain the effect provided for in art. 11.3) even when the applicant does not meet the conditions laid down in para. ((1)) or b).

New content according to the mod. EFF. date 1 Jan. 1985 (1984 1538 RO).

S. 40 suspension of national examination and other procedures 1) if the election of any Contracting State is effected prior to the expiration of the 19th month from the priority date, the art. 23 does not apply to this State and its national office or any office acting for that State, does not review, and commits any proceeding with respect to the international application, subject to para. 2), before the expiration of the applicable time limit under art. 39.

(2) Notwithstanding the provisions of para. 1), any elected office may, on the express request of the applicant, at any time to review and initiate any procedure relating to the international application.

S. 41 amendment of the claims, description and drawings from offices elected 1) the applicant must have the opportunity to amend the claims, the description and the drawings, within the period prescribed, to each elected office. Any elected office may not issue patent or refuse to issue before the expiry of this period, except with the express agreement of the applicant.
(2) the amendments shall not go beyond the disclosure of the invention contained in the international application as filed, unless the national law of the elected State permits specifically.
(3) the amendments must comply with the national legislation of the State elected for everything is not fixed by this Treaty or the regulations.
(4) where a translation of the international application is required by the elected office, the changes must be established in the language of the translation.

RS 0.232.141.11 s. 42 results of national examination of elected offices elected offices receive the international preliminary examination report may require the applicant to furnish copies of documents related to the examination of the same international application in any other elected office, or to furnish information about the content of such documents.

Chapter III provisions Commons art. 43 research of some titles of protection the applicant may indicate, in accordance with the regulations, that his international application tends to the issuance of a certificate of invention, a certificate of utility or a utility models and not to that of a patent or the grant of a patent or certificate of addition, an inventor's certificate or a utility certificate in any State designated or elected whose legislation provides the issuance of certificates of invention , of utility certificates, utility models, patents or certificates of addition, certificates for invention or additional utility certificates; the effects of this indication are determined by the choice made by the applicant. For the purposes of this section and any rule y relative, art. 2.II) does not apply.

RS 0.232.141.11 s. 44 search for both titles of protection for any designated or elected State whose law provides that an application for the grant of a patent or any other titles of protection referred to in article 43 could also be another of those titles of protection, the applicant may indicate, in accordance with the regulations, two titles of protection which he seeks the issuance; the effects arising therefrom are determined by the particulars of the applicant. For the purposes of this article, art. 2.II) does not apply.

RS 0.232.141.11 s. 45 regional patent treaty 1) any treaty providing for the grant of a regional patent (the "regional patent treaty") and to any person authorized by art. 9 to file international applications the right to file applications for the grant of such patents can provide that international applications containing the appointment or the election of a State party to the regional patent treaty and the present Treaty may be filed for the grant of regional patents.
(2) the legislation of such a designated or elected State may provide that any designation or election of such State in the international application will be considered as an indication that the applicant wishes to obtain a regional under the regional patent treaty patent.

S. 46 translation incorrect of the international application if, because of an incorrect translation of the international application, the scope of a patent as a result of this application exceeds the scope of the international application in its original language, the competent authorities of the Contracting State concerned may limit accordingly in a retroactive manner the scope of the patent, and declare that it is null and void insofar as its scope exceeds that of the international application in its original language.

S. 47 time limits 1) the calculation of the time limits provided for in this Treaty shall be fixed by the regulations.
(2) a) all time limits fixed in chapters I and II of this Treaty may, outside any revision according to art. 60, be modified by decision of the contractants.b States) decision is taken by the Assembly or by vote by correspondence and must be unanimous.
(c) details of the procedure are determined by the regulations.

RS 0.232.141.11 s. 48 delay in meeting certain time limits 1) when a time limit, set in the present Treaty or in the regulations, is not observed due to interruption of postal services, loss or inevitable mail delay, this period is considered as observed in the cases specified in the regulations and subject to what conditions are fulfilled the proof and other conditions prescribed in the regulation.
(2) a) any Contracting State shall, for so far, excuse for reasons admitted under its national legislation any delay in the observation of a delai.b) any Contracting State may, for so far, apologize for reasons other than those listed in subparagraph has) any delay in meeting a time limit.

RS 0.232.141.11 s. 49 right to practice from international authorities any attorney, patent agent, or other person, having the right to practice before the national office with which the international application was filed, has the right to exercise, in relation to this application, with the international Bureau by the competent authority responsible for the international search and the competent international preliminary examining authority.

Chapter IV Services technical articles 50 patent information services 1) the international Bureau may provide services (referred to in this section 'information services'), giving technical information and any other pertinent information available to it, on the basis of published documents, primarily patents and published applications.
(2) the international Bureau may provide these information services either directly or through one or more international searching authorities or other national or international specialized institutions, with which he will have agreements.
(3) information services work to particularly facilitate the acquisition, by Contracting States which are developing development, technical knowledge and technology, including available published «know-how».
(4) information services may be obtained by the Governments of the Contracting States, by their nationals and persons who are domiciled in their territory. The Assembly may decide to extend these services to other interested parties.
(5) a) any service to Governments of Contracting States shall be its cost. However, for the Governments of the Contracting States which are developing countries, service is provided below this price if the difference can be covered by profits realised on the provision of services to recipients, other than Governments of Contracting States or by the means mentioned in art. 51.4) .b) cost referred to in subparagraph a) should be understood as consisting in fees that are in addition to those that the national office or by the International Searching Authority should engage in anyway to perform their tasks.

(6) the details of the application of this article are governed by decisions of the Assembly and, within the limits laid down by the latter, by the working groups it may establish for this purpose 7) if it considers it necessary, the Assembly recommends that other modes of financing to complement those provided in para. (5) article 51 technical assistance 1) the Assembly shall establish a Committee for technical assistance (referred to in this article as "the Committee").
((2)) the members of the Committee are elected among Contracting States to ensure appropriate representation of developpement.b countries) the Director-general on its own initiative or on the request of the Committee, invite representatives of intergovernmental organizations dealing with technical assistance to developing countries to take part in the work of the Committee.
(3) a) Board has to task the Organization and supervision of technical assistance to Contracting States which are developing, in order to develop their patent, either at national level or at the regional.b level systems) technical assistance includes training of specialists, provision of experts and the provision of equipment for the purposes of demonstration and operation.

(4) with a view to the financing of projects falling within the scope of this article, the international Bureau strives to enter into agreements with international organizations funding and intergovernmental organizations, in particular with the United Nations, the agencies of the United Nations as well as with the specialized agencies of the United Nations competent technical assistance, as well as Secondly, with the Governments of the beneficiary Member States of technical assistance.

(5) the details of the application of this article are governed by decisions of the Assembly and, within the limits laid down by the latter, by the working groups it may establish to this end.

S. 52 relations with other provisions of the Treaty nothing in this chapter affects the financial provisions contained in other chapters of this Treaty. These provisions are not applicable to this chapter or to its implementation.

Chapter V provisions administrative s. (53 Assembly 1) has) the Assembly is composed of the Contracting States, subject to art. (57.8) .b) the Government of each Contracting State is represented by one delegate, who may be assisted by alternates, advisers and experts.
(2) a) Assembly: i) deals with all matters concerning the maintenance and development of the Union and the application of this Treaty; ii) fulfils tasks specifically assigned to other provisions of this Treaty; iii) gives to the international Bureau of the guidelines concerning the preparation for conferences of revision; iv) examine and approve the reports and activities of the Director general concerning the Union, and give him all necessary instructions concerning matters within the competence of the Union; v) review and approve the reports and activities of the Executive Committee established under para. ((9) and gives it direction; vi) stops the program, adopt the triennial budget of the Union, and approve its final accounts; vii) adopt the financial regulations of the Union; viii) creates the committees and working groups as may be necessary to the achievement of the objectives of the Union; ix) shall decide which States Contracting and subject to the al. (8), what are the intergovernmental and international non-governmental which can be admitted to its meetings as observers; x) undertakes any other action appropriate to achieve the objectives of the Union and perform other useful functions under the present Treaty.

(b) on the issues which are of interest also to other unions administered by the Organization, the Assembly statue after having read the opinion of the coordination Committee of the organization.

(3) a delegate may represent one State only, and may vote only on behalf of it.
(4) each Contracting State shall have one vote.
((5)) one-half of the Contracting States shall constitute the quorum.b) If this quorum is not reached, the Assembly may make decisions; However, these decisions, with the exception of those relating to its process, become enforceable only if the quorum and the majority required are achieved by means of postal voting provided for in the implementing regulation.
(6) a) subject to the art. 47.2) b), 58.2) b), 58.3) and 61.2) b), the decisions of the Assembly are taken by a majority of two-thirds of the votes exprimes.b) forbearance is not considered to be a vote.

(7) whether issues relating exclusively to States bound by chapter II, any reference to the Contracting States in the al. ((4), 5) and 6) shall be considered as applying only to States bound by chapter II.
(8) any intergovernmental organization appointed as international searching or as international preliminary examining authority is admitted as an observer in the meetings of the Assembly.
(9) when the number of Contracting States exceeds forty, the Assembly shall establish an Executive Committee. Any reference to the Executive Committee in this Treaty or in the regulations is the time where this Committee has been established.
(10) until the establishment of the Executive Committee, the Assembly shall approve, within the limits of the program and triennial budget, programs and annual budgets prepared by the Director general.
11) a) Assembly meets once every two years in ordinary session, upon convocation by the Director general and, except in exceptional cases, for the same period and at the same place as the General Assembly of the Organisation.b) 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 one quarter of the Contracting States.

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

RS 0.232.141.11 new content according to the mod. entered into force on 3 May 1984 (RO 1984 566).
Formerly let. c. s. 54 Executive Committee 1) when the Assembly has established an Executive Committee, it will be subject to the following provisions.
(2) has) subject to art. (57.8), the Executive Committee is composed of the States elected by the Assembly from among the States members of the .b) the Government of each State member of the Executive Committee is represented by one delegate, who may be assisted by alternates, advisers and experts.

(3) the number of States members of the Executive Committee corresponds to one-quarter of the number of States members of the Assembly. In the calculation of the seats to be filled, the remaining rest after division by four is ignored.
(4) for the election of the members of the Executive Committee, the Assembly takes into account equitable geographical distribution.

((5)) members of the Executive Committee shall remain in office from the close of the session of the Assembly in which they are elected until the end of the next ordinary session of the Assemblee.b) members of the Executive Committee are eligible for re-election in the maximum limit of two-thirds of them.
(c) the Assembly regulates the procedures of the election and possible re-election of the members of the Executive Committee.
((6) a) the Executive Committee: i) prepares the draft agenda of the Assembly; ii) submits to the Assembly's proposals for the draft program and budget biennium of the Union prepared by the Director general; iii)... iv) submits to the Assembly, with appropriate comments, the periodic reports of the Director-general and annual audit reports; v) take all necessary measures for the implementation of the program of the Union by the Director general (, in accordance with the decisions of the Assembly and taking into account the circumstances arising between two sessions of the said Assembly; vi) performs all other tasks assigned to it under the present Treaty.

(b) on the issues which are of interest also to other unions administered by the Organization, the Executive Committee shall decide after having taken note of the opinion 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 much as possible during the same period and at the same place as the coordination Committee of the Organisation.b) the Executive Committee shall meet in extraordinary session upon convocation by the Director general either at his own initiative, or at the request of its Chairman or one-quarter of its members.
((8)) each State member of the Executive Committee has a voix.b) half of the Member States of the Executive Committee shall constitute a quorum.
(c) decisions are taken by a simple majority of the votes cast.
(d) the abstention is not considered as a vote.
(e) a delegate may represent one State only, and may vote only on behalf of it.

(9) the Contracting States which are not members of the Executive Committee are admitted to its meetings as observers, as well as any intergovernmental organization appointed as International Searching Authority or the international preliminary examining authority.
(10) the Executive Committee shall adopt its rules of procedure.

New content according to the am. entered into force on 3 May 1984 (RO 1984 566).
Repealed by the mod entered into force on 3 May 1984 (RO 1984 566).

S. 55 international bureau 1) the administrative tasks of the Union are carried out by the international Bureau.
(2) the international Bureau provides the secretariat of the various organs of the Union.
(3) the Director-general is the highest official of the Union and represents it.
(4) the international Bureau shall publish a gazette and other publications listed by the regulations or the Assembly.
(5) the regulations specifies the services that national offices should make in order to assist the international Bureau, the International Searching authorities and authorities for international preliminary examining authority to carry out the tasks provided for in this Treaty.
(6) the Director general and any member of the staff designated by him shall participate, without the right to vote, in all meetings of the Assembly, the Executive Committee and any other Committee or workgroup established under this Treaty or the regulations. Executive Director, or a member of the staff designated by him, is ex officio Secretary of these bodies.
(7) a) the international Bureau prepares conferences of revision according to the directives of the Assembly and in cooperation with the executif.b Committee) the international Bureau may consult with intergovernmental and international non-governmental organizations on preparations for conferences of revision.
c) the Director general and persons designated by him shall participate, without the right to vote, in the deliberations in conferences of revision.

(8) the international Bureau performs all other tasks which are attributed to him.

RS 0.232.141.11 s. 56 Committee for technical cooperation 1) the Assembly shall establish a Committee for technical cooperation (referred to in this article as "the Committee").

(2) a) Assembly determines the composition of the Committee and appoint the members, taking into account equitable representation of the developing of developpement.b) the authorities of the international search or international preliminary examination are ex officio members of the Committee. When such authority is the national office of a Contracting State, shall not have any other representation on the Committee.
(c) if the number of Contracting States allows, the total number of the members of the Committee is more than twice the number of ex officio members.

(d) the Director general, on his own initiative or at the request of the Committee, invited representatives of the organizations concerned to take part in the discussions that interest them.

((3) the Committee is designed to contribute, by means of the opinion and recommendations: i) to continuously improve the services provided for in this Treaty; ii) to get, as long as there are several international searching authorities and several international preliminary examining authority, authorities that their documentation and working methods should be as uniform as possible and that their reports are consistently the highest quality possible; iii) at the invitation of the Assembly or Executive Committee, to resolve the technical problems specifically posed by the establishment of a single International Searching Authority.

(4) any Contracting State and any international organization concerned may refer to the Committee, in writing, of its jurisdictional issues.
(5) the Committee may issue opinions and recommendations to the Director-general or, through it, to the Assembly, the Executive Committee, to all authorities of the international search or international preliminary examination or to some of them and all receiving offices or some of them.
(6) a) the Director general shall in all cases to the Executive Committee the text of all the opinions and recommendations of the Committee. It can attach its commentaires.b) the Executive Committee may express its views as to any notice or recommendation or any other activity of the Committee and may invite the latter to examine any questions falling within its competence and to report thereon. The Executive Committee may submit to the Assembly, with appropriate comments, opinions, recommendations and reports of the Board.

(7) until the establishment of the Executive Committee, the references to that contained in the al. (6) shall be considered as references to the Assembly.
(8) the Assembly stop details on the procedure of the Committee.

S. 57 finances 1) has) the Union has a budget.b) the budget of the Union include the income and expenses proper to the Union, as well as its contribution to the budget of expenses common to the unions administered by the organization.
(c) are considered as expenses common to the unions spending that are not assigned exclusively to the Union but also to one or more other unions administered by the organization. The part of the Union in such common expenses is proportional to the interest that these expenditures are for it.

(2) the budget of the Union stopped taking into account the requirements of coordination with the budgets of the other unions administered by the organization.
(3) subject to the al. ((5), the budget of the Union is funded by the following resources: i) fees and charges due for services rendered by the international Bureau in respect of the Union; ii) the proceeds of the sale of the publications of the international Bureau concerning the Union and the rights attached to these publications; iii) gifts, bequests and grants; iv) rents, interests and other revenues various.

(4) the amount of fees and charges due to the international Bureau as well as the sale price of its publications are fixed normally cover all the expenses of the international Bureau by the administration of this Treaty.
(5) a) If a fiscal year closes with a deficit, the Member States, subject to subparagraphs b) and c), pay contributions to cover this deficit.b) the Assembly shall adopt the contribution of each Contracting State, taking due account of the number of international applications which are received from each of them during the year.
(c) if the deficit can be covered temporarily in whole or in part by other means, the Assembly may, to this extent, decide to postpone and do not ask for contributions to the Contracting States.
d) if the financial situation of the Union so permits, the Assembly may decide that any contributions paid under subparagraph) shall be reimbursed to the Contracting States which have paid them.
e) If a Contracting State has not paid its contribution under subparagraph (b)) within a period of two years from the date on which it was payable according to the decision of the Assembly, it cannot exercise are voting in any of the organs of the Union. However, any organ of the Union may allow such a State to keep the exercise of his right to vote in that body also breast that it considers that the delay is the result of exceptional and unavoidable circumstances.

(6) if the budget is not adopted before the beginning of a new financial period, the budget of the previous year is renewed as laid down by the financial regulation.
(7) a) the Union has a working capital fund constituted by a single payment made by each Contracting State. If the Fund becomes insufficient, the Assembly takes the necessary measures for its increase. If a portion of this Fund is no longer necessary, it shall be returned to the contractants.b States) the amount of the initial payment of each Contracting State to the supra Fund or of its participation in the increase thereof is 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 consultation of the coordination Committee of the organization.
(d) any reimbursement is proportional to the amounts paid by each Contracting State, taking into account the dates of such payments.
(8) has) the headquarters agreement concluded with the State on whose territory the Organization has its headquarters provides that, if the Working Capital Fund is insufficient, this State shall grant advances. The amount of these advances and the conditions in which they are granted are, in each case, to separate between the State concerned and the Organization agreements. (As long as it is required to grant advances, this State has ex officio of a seat in the Assembly and the executif.b Committee) the State referred to in subparagraph a) and the organization each have the right to withdraw the undertaking to grant advances subject to notification in writing. The denunciation shall take effect three years after the end of the year during which it has been notified.

(9) the auditing of the accounts is insured, as laid down by the financial regulation, by one or more Contracting States or by external auditors. They are, with their consent, appointed by the Assembly.

S. 58 regulations 1) the regulations annexed to this Treaty contains rules: i) the questions to which this Treaty expressly refers to the regulations or expressly provides that they are or will be the object of requirements; ii) to all conditions, issues or procedures administrative; iii) details useful in the implementation of the provisions of this Treaty.2) has) the Assembly may amend the regulations execution.b) subject to the al. 3), the amendments require a majority of three-fourths of the votes cast.
((3)) the regulations specify rules which may be amended only: i) by unanimous decision, OKE) provided that a disagreement is expressed or by one of the Contracting States whose national office is functioning as an ISA International Searching and international preliminary examining authority, or, where such authority is an intergovernmental organization, the Contracting State member of that organization authorized for that purpose by the other Member States meeting within the competent body of this organisation.b) for that one any of these rules may, in future, be exempt from the requirements stated, it is necessary that the conditions referred to in subparagraph (a) i)) or) ii), as applicable, are met.
c) for a rule any can be, in the future, included in any of the other categories mentioned 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 regulations, the first is faith.

RS 0.232.141.11 Chapter VI disputes article 59 disputes subject to art. 64.5), any dispute between two or more Contracting States concerning the interpretation or the application of this Treaty and the regulations which is not settled by negotiation can be worn by any States in issue before the International Court of Justice by application in conformity with the Statute of the Court, unless the States concerned agree on some other method of settlement. The international Bureau will be informed by the requesting Contracting State of the dispute submitted to the Court and give knowledge to the other Contracting States.

RS 0.232.141.11 RS 0.193.501 Chapter VII Revision and amendments art. 60 revision of the Treaty


(1) this Treaty may be subject to periodic revisions, by means of special conferences of the Contracting States.
(2) the convening of a review conference shall be decided upon by the Assembly.
(3) any intergovernmental organization appointed as International Searching Authority or the international preliminary examining authority is admitted as an observer at any conference of revision.
(4) art. 53.5), 9) and 11), 54, 55(4)) 8), 56 and 57 can be modified either by a revision conference or according to the provisions of art. 61 s. (61 amendment of certain provisions of the Treaty 1) has) proposals for modification of the art. 53.5), 9) and 11), 54, 55(4)) 8), 56 and 57 can be initiated by any State member of the Assembly, by the Executive Committee or the Director general.b) these proposals are 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 the al. (1) is adopted by the Assemblee.b) the adoption shall require three-fourths of the votes cast.
(3) a) any amendment to the articles referred to in the al. (1) enter into force one month after the receipt by the Director general of written notifications of acceptance, effected in accordance with their constitutional rules respective, on the part of the three quarters of the States who were members of the Assembly at the time the amendment was adoptee.b) any amendment to these articles thus accepted binds all States that are members of the Assembly at the time when the amendment enters into force it being understood that any amendment increasing the financial obligations of the Contracting States is binding only on those States which have notified their acceptance of such amendment.
(c) any amendment accepted in accordance with subparagraph a) binds all States which become members of the Assembly after the date the amendment entered into force in accordance with subparagraph a).

Chapter VIII Clauses finals s. 62 modalities whereby States may 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) signature followed by the deposit of an instrument of ratification, OKE) the deposit of an instrument of accession.

(2) the 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 shall apply to this Treaty.
(4) the al. (3) shall in no case be interpreted as implying the recognition or tacit acceptance by any Contracting States of the location of any territory to which this Treaty is made applicable by another contracting under the said paragraph.

RS 0.232.04 s. (63 entry into force of the Treaty 1) has) subject to the provisions of para. ((3), this Treaty into force three months after eight States have deposited their instruments of ratification or accession, provided that at least these States four meet Moon of the following conditions: i) the number of applications filed in the State concerned is greater than forty thousand according to the most recent annual statistics published by the international Bureau; ii) nationals of the State concerned or persons domiciled have (according to the most recent annual statistics published by the international Bureau, filed in a foreign country at least thousand applications; iii) the national office of the State in question 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 expression "applications" does not include applications for utility models.

(2) subject to the al. 3), any State which does not become party to this Treaty at the time of the entry into force according to the al. (1) is bound by this Treaty three months after the date on which it has deposited its instrument of ratification or accession.
(3) the provisions of chapter II and the corresponding rules of the regulations annexed to this Treaty shall however apply only from the date on which three States fulfilling at least one of the conditions listed in the al. (1) have become parties to this Treaty without declaring, according to art. (64.1), that they will not be bound by the provisions of chapter II. However, this date shall not be earlier than that of the initial entry into force according to the al. (1) RS 0.232.141.11 s. 64 reserves 1) has) any State may declare that it is not bound by the provisions of chapter II) States making a declaration under subparagraph) are not bound by the provisions of chapter II and the corresponding provisions of the implementing regulation.
(2) a) any State which has not made a declaration under para. ((1)) may declare that: i) it is not bound by the provisions of art. (39.1) for the furnishing of a copy of the international application and a translation (as required) of the latter; ii) the obligation to suspend national treatment, contained in art. 40, did not prevent publication, by its national office or through it of the international application or a translation of the latter, being understood, however, that this State is not exempted from their obligations pursuant to the art. 30 and 38.

(b) States making a declaration are linked accordingly.
(3) a) any State may declare that, for what concerns the international publication of international applications is not exigee.b) where on the expiry of a period of eighteen months from the priority date, the international application contains the designation of States having made declarations under subparagraph (a)), the international application is not published in accordance with art. 21.2). c) in case of application of the provisions of subparagraph (b)), however, the international application is published by the international Bureau: i) on request of the applicant: in accordance with the regulations; ii) when a national application or a patent based on the international application are published by the national office of any designated State which has made a declaration under subparagraph a) or on behalf of such an office : promptly after publication but no earlier than 18 months after the priority date.

(4) a) any State whose national law recognizes its patents an effect on the State of the art as from a date prior to the publication but does not equate for the purposes of the State of the art, the priority date claimed under the Paris Convention for the protection of industrial property to the actual filing date in that State may declare that the filing outside its territory of an international application designating it is not equated to an actual filing in its territory for the purpose of the State of the technique.b) any State making the declaration referred to in subparagraph a) will not, to that extent, bound by art. 11.3). c) any State making the declaration referred to in subparagraph a) must, at the same time declare in writing the date from which and the conditions to which the effect on the State of the art of any international application designating it occurs on its territory. This declaration may be modified at any time by notification addressed to the Director general.

(5) any State may declare that it does not consider itself bound by the art. 59. with regard to any dispute between a Contracting State which has made such a declaration and any other Contracting State, the provisions of art. 59 shall not apply.
(6) has) any declaration made under this section must be in writing. It can be