Patent Cooperation Treaty; with Regulations 4

Patent Cooperation Treaty; with Regulations

 

Article 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 receipt of the said
notification by the Director General. It shall not affect the effects of
the international application in the denouncing State if the international
application was filed, and, where the denouncing State has been elected,
the election was made, prior to the expiration of the said six-month
period.

Article 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 interested Governments, in the German, Japanese,
Portuguese, Russian and Spanish languages, and such other languages as the
Assembly may designate.

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

Article 68
Depositary Functions

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

(2) The Director General shall transmit two copies, certified by him, of
this Treaty and the Regulations annexed hereto to the Governments of all
States party to the Paris Convention for the Protection of Industrial
Property and, on request, to 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 transmit two copies, certified by him, of
any amendment to this Treaty and the Regulations to the Governments of all
Contracting States and, on request, to the Government of any other State.

Article 69
Notifications

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

(i) signatures under Article 62,
(ii) deposits of instruments of ratification or accession under
Article 62,
(iii) the date of entry into force of this Treaty and the date from
which Chapter II is applicable in accordance with Article
63(3),
(iv) any declarations made under Article 64(1) to (5),
(v) withdrawals of any declarations made under Article 64(6)(b),
(vi) denunciations received under Article 66, and
(vii) any declarations made under Article 31(4).

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have
signed this Treaty.

DONE at Washington, on June 19, 1970.

REGULATIONS
UNDER THE PATENT COOPERATION TREATY

PART A
INTRODUCTORY RULES

RULE 1
ABBREVIATED EXPRESSIONS

1.1 Meaning of Abbreviated Expressions

(a) In these Regulations, the word “Treaty” means the Patent Cooperation
Treaty.

(b) In these Regulations, the words “Chapter”and “Article”refer to the
specified Chapter or Article of the Treaty.

RULE 2
INTERPRETATION OF CERTAIN WORDS

2.1 “Applicant”

Whenever the word “applicant”is used, it shall be construed as meaning
also the agent or other clearly representative of the applicant, except
where the contrary clearly follows from the wording or the nature of the
provision, or the context in which the word is used, such as, in
particular, where the provision refers to the residence or nationality of
the applicant.

2.2 “Agent”

When ever the word “agent”is used, it shall be construed as meaning any
person who has the right to practice before international authorities as
defined in Article 49 and, unless the contrary clearly follows from the
wording or the nature of the provision, or the context in which the word is
used, also the common representative referred to in Rule 4.8.

2. 3 “Signature”

Whenever the word “signature”is used, it shall be understood that, if the
national law applied by the receiving Office or the competent International
Searching or Preliminary Examining Authority requires the use of a seal
instead of a signature, the word, for the purposes of that Office or
Authority, shall mean seal.

PART B

RULES CONCERNING CHAPTER I OF THE TREATY

RULE 3
THE REQUEST (FORM)

3.1 Printed Form

The request shall be made on a printed form.

3.2 Availability of Forms

Copies of the printed form shall be furnished free of charge to the
applicants by the receiving Office, or, if the receiving Office so desires,
by the International Bureau.

3.3 Check List

(a) The printed form shall contain a list which, when filled in, will show:

(i) the total number of sheets constituting the international
application and the number of the sheets of each element of the
international application (request, description, claims, drawings,
abstract),

(ii) whether or not the international application as filed is
accompanied by a power of Attorney (i.e., a document appointing an agent or
a common representative), a priority document, a receipt for the fees paid
or a check for the payment of the fees, an international or an
international-type search report, a document in evidence of the fact that
the applicant is the successor in title of the inventor, and any other
document (to be specified in the check list);

(iii) the number of that figure of the drawings which the applicant
suggests should accompany the abstract when the abstract is published on
the front page of the pamphlet and in the Gazette, in exceptional cases,
the applicant may suggest more than one figure.

(b) The list shall be filled in by the applicant, failing which the
receiving Office shall fill it in and make the necessary Annotations ,
except that the number referred to in paragraph (a)(iii) shall not be
filled in by the receiving Office.

3.4 Particulars

Subject to Rule 3.3, particulars of the printed form shall be prescribed by
the Administrative Instructions.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Annotations, Attorney, Paris Convention for the Protection of Industrial Property, Patent Cooperation Treaty; with Regulations.


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