Patent Cooperation Treaty; with Regulations

 

RULE 5

THE DESCRIPTION

5.1 Manner of the Description

(a) The description shall first state the title of the invention as
appearing in the request and shall:

(i) specify the technical field to which the invention relates;

(ii) indicate the background art which, as far as known to the
applicant, can be regarded as useful for the understanding, searching and
examination of the invention, and, preferably, cite the documents
reflecting such art;

(iii) disclose the invention, as claimed, in such terms that the
technical problem (even if not expressly stated as such) and its solution
can be understood, and state the advantageous effects, if any, of the
invention with reference to the background art;

(iv) briefly describe the figures in the drawings, if any;

(v) set forth at least the best mode contemplated by the applicant
for carrying out the invention claimed; this shall be done in terms of
examples, where appropriate, and with reference to the drawings, if any;
where the national law of the designated State does not require the
description of the best mode but is satisfied with the description of any
mode (whether it is the best contemplated or not), failure to describe the
best mode contemplated shall have no effect in that State;

(vi) indicate explicitly, when it is not obvious from the description
or nature of the invention, the way in which the invention is capable of
exploitation in industry and the way in which it can be made and used, or,
if it can only be used, the way in which it can be used; the term
“industry” is to be understood in its broadest sense as in the Paris
Convention for the Protection of Industrial Property.

(b) The manner and order specified in paragraph (a) shall be followed
except when, because of the nature of the invention, a different manner or
a different order would result in a better understanding and a more
economic presentation.

(c) Subject to the provisions of paragraph (b), each of the parts referred
to in paragraph (a) shall preferably be preceded by an appropriate heading
as suggested in the Administrative Instructions.

 

RULE 6

THE CLAIMS

6.1 Number and Numbering of Claims

(a) The number of the claims shall be reasonable in consideration of the
nature of the invention claimed.

(b) If there are several claims, they shall be numbered consecutively in
arabic numerals.

(c) The method of numbering in the case of the amendment of claims shall be
governed by the Administrative Instructions.

6.2 References to Other Parts of the International Application

(a) Claims shall not, except where absolutely necessary, rely, in respect
of the technical features of the invention, on references to the
description or drawings. In particular, they shall not rely on such
references as: “as described in part … of the description,”or “as
illustrated in figure … of the drawings.”

(b) Where the international application contains drawings, the technical
features mentioned in the claims shall preferably be followed by the
reference signs relating to such features. When used, the reference signs
shall preferably be placed between parentheses. If inclusion of reference
signs does not particularly faciLitate quicker understanding of a claim, it
should not be made. Reference signs may be removed by a designated Office
for the purposes of publication by such Office.

6.3 Manner of Claiming

(a) The definition of the matter for which protection is sought shall be in
terms of the technical features of the invention.

(b) Whenever appropriate, claims shall contain:

(i) a statement indicating those technical features of the invention
which are necessary for the definition of the claimed subject matter but
which, in combination, are part of the prior art,

(ii) a characterizing portion–preceded by the words “characterized
in that,””characterized by,””wherein the improvement comprises,”or any
other words to the same effect–stating concisely the technical features
which, in combination with the features stated under (i), it is desired to
protect.

(c) Where the national law of the designated State does not require the
manner of claiming provided for in paragraph (b), failure to use that
manner of claiming shall have no effect in that State provided the manner
of claiming actually used satisfies the national law of that State.

6.4 Dependent Claims

(a) Any claim which includes all the features of one or more other claims
(claim in dependent form, hereinafter referred to as “dependent claim”)
shall do so by a reference, if possible at the beginning, to the other
claim or claims and shall then state the additional features claimed. Any
dependent claim which refers to more than one other claim (“multiple
dependent claim”) shall refer to such claims in the alternative only.
Multiple dependent claims shall not serve as a basis for any other multiple
dependent claim.

(b) Any dependent claim shall be construed as including, all the
limitations contained in the claim to which it refers or, if the dependent
claim is a multiple dependent claim, all the limitations contained in the
particular claim in relation to which it is considered.

(c) All dependent claims referring back to a single previous claim, and all
dependent claims referring back to several previous claims, shall be
grouped together to the extent and in the most practical way possible.

6.5 Utility Models

Any designated State in which the grant of a utility model is sought on the
basis of an international application may, instead of Rules 6.1 to 6.4,
apply in respect of the matters regulated in those Rules the provisions of
its national law concerning utility models once the processing of the
international application has started in that State, provided that the
applicant shall be allowed at least 2 months from the expiration of the
time limit applicable under Article 22 to adapt his application to the
requirements of the said provisions of the national law.

RULE 7

THE DRAWINGS

7.1 Flow Sheets and Diagrams

Flow sheets and diagrams are considered drawings.

7.2 Time Limit

The time limit referred to in Article 7(2)(ii) shall be reasonable under
the circumstances of the case and shall, in no case, be shorter than 2
months from the date of the written invitation requiring the filing of
drawings or additional drawings under the said provision.

 

Author: international

Mentioned in these Entries

Patent Cooperation Treaty; with Regulations.