Patent Cooperation Treaty; with Regulations

 

11.13 Special Requirements for Drawings

(a) Drawings shall be executed in durable, black or blue, sufficiently
dense and dark, uniformly thick and well-defined, lines and strokes without
colorings.

(b) Cross-sections shall be indicated by oblique hatching which should not
impede the clear reading of the reference signs and leading lines.

(c) The scale of the drawings and the distinctness of their graphical
execution shall be such that a photographic reproduction with a linear
reduction in size to two-thirds would enable all details to be
distinguished without difficulty.

(d) When, in exceptional cases, the scale is given on a drawing, it shall
be represented graphically.

(e) All numbers, letters, and reference lines, appearing on the drawings,
shall be simple and clear, Brackets, circles or inverted commas shall not
be used in association with numbers and letters.

(f) All lines in the drawings shall, ordinarily, be drawn with the aid of
drafting instruments.

(g) Each element of each figure shall be in proper proportion to each of
the other elements in the figure, except where the use of a different
proportion is indispensable for the clarity of the figure.

(h) The height of the numbers and letters shall not be less than 0.32 cm.
For the lettering of drawings, the Latin and, where customary, the Greek
alphabets shall be used.

(i) The same sheet of drawings may contain several figures. Where figures
on two or more sheets form in effect a single complete figure, the figures
on the several sheets shall be so arranged that the complete figure can be
assembled without concealing any part of any of the figures appearing on
the various sheets.

(j) The different figures shall be arranged on a sheet or sheets without
wasting space, preferably in an upright position, clearly separated from
one another.

(k) The different figures shall be numbered in arabic numerals
consecutively and independently of the numbering of the sheets.

(l) Reference signs not mentioned in the description shall not appear in
the drawings, and vice versa.

(m) The same features, when denoted by reference signs, shall, throughout
the international application, be denoted by the same signs.

(n) If the drawings contain a large number of reference signs, it is
strongly recommended to attach a separate sheet listing all reference signs
and the features denoted by them.

11.14 Later Documents

Rules 10, and 11.1 to 11.13, also apply to any document–for example,
corrected pages, amended claims–submitted after the filing of the
international application.

11.15 Translations

No designated Office shall require that the translation of an international
application filed with it comply with requirements other than those
prescribed for the international application as filed.

 

RULE 12

LANGUAGE OF THE INTERNATIONAL APPLICATION

12.1 The International Application
Any international application shall be filed in the language, or one of the
languages, specified in the agreement concluded between the International
Bureau and the International Searching Authority competent for the
international searching of that application, provided that, if the
agreement specifies several languages, the receiving Office may prescribe
among the specified languages that language in which or those languages in
one of which the international application must be filed.

12.2 Changes in the International Application

Any changes in the international application, such as amendments and
corrections, shall be in the same language as the said application (cf.
Rule 66.5).

RULE 13

UNITY OF INVENTION

13.1 Requirement

The international application shall relate to one invention only or to a
group of inventions so linked as to form a single general inventive concept
(“requirement of unity of invention”).

13.2 Claims of Different Categories

Rule 13.1 shall be construed as permitting, in particular, either of the
following two possibilities:

(i) in addition to an independent claim for a given product, the
inclusion in the same international application of one independent claim
for one process specially adapted for the manufacture of the said product,
and the inclusion in the same international application of one independent
claim for one use of the said product, or

(ii) in addition to an independent claim for a given process, the
inclusion in the same international application of one independent claim
for one apparatus or means specifically designed for carrying out the said
process.

13.3 Claims of One and the Same Category

Subject to Rule 13.1, it shall be permitted to include in the same
international application two or more independent claims of the same
category (i.e., product, process, apparatus, or use) which cannot readily
be covered by a single generic claim.

13.4 Dependent Claims

Subject to Rule 13.1, it shall be permitted to include in the same
international application a reasonable number of dependent claims, claiming
specific forms of the invention claimed in an independent claim, even where
the features of any dependent claim could be considered as constituting in
themselves an invention.

13.5 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 13.1 to 13.4,
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 14

THE TRANSMITTAL FEE

14.1 The Transmittal Fee

(a) Any receiving Office may require that the applicant pay a fee to it,
for its own benefit, for receiving the international application,
transmitting copies to the International Bureau and the competent
International Searching Authority, and performing all the other tasks which
it must perform in connection with the international application in its
capacity of receiving Office (“transmittal fee”).

(b) The amount and the due date of the transmittal fee, if any, shall be
fixed by the receiving Office.

RULE 15

THE INTERNATIONAL FEE

15.1 Basic Fee and Designation Fee

Each international application shall be subject to the payment of a fee for
the benefit of the International Bureau (“international fee”) consisting of

(i) a “basic fee,”and

(ii) as many “designation fees”as there are States designated in the
international application, provided that, where a regional patent is sought
for certain designated States, only one designation fee shall be due for
those States.

15.2 Amounts

(a) The amount of the basic fee shall be:

(i) if the international application contains not more than 30
sheets: US $45.00 or 194 Swiss francs,

(ii) if the international application contains more than 30 sheets:
US $45.00 or 194 Swiss francs plus US $1.00 or 4.30 Swiss francs per sheet
in excess of 30 sheets.

(b) The amount of the designation fee shall be:

(i) for each designated State or each group of designated States for
which the same regional patent is sought which does not require the
furnishing of a copy under Article 13: US $12.00 or 52 Swiss francs,

(ii) for each designated State or each group of designated States for
which the same regional patent is sought which requires the furnishing of a
copy under Article 13: US $14.00 or 60 Swiss francs.

15.3 Mode of Payment

(a) The international fee shall be collected by the receiving Office.

(b) The international fee shall be payable in the currency prescribed by
the receiving Office, it being understood that, when transferred by the
receiving Office to the International Bureau, it shall be freely
convertible into Swiss currency.

15.4 Time of Payment

(a) The basic fee shall be due on the date of receipt of the international
application. However, any receiving Office may, at its discretion, notify
the applicant of any lack of receipt or insufficiency of any amount
received, and permit applicants to pay the basic fee later, without loss of
the international filing date, provided that:

(i) permission shall not be given to pay later than 1 month after the
date of receipt of the international application;

(ii) permission may not be subject to any extra charge.

(b) The designation fee may be paid on the date of receipt of the
international application or on any later date but, at the latest, it must
be paid before the expiration of one year from the priority date.

15.5 Partial Payment

(a) If the applicant specifies the States to which he wishes any amount
paid to be applied as designation fee, the amount shall be applied
accordingly to the number of States which are covered by the amount in the
order specified by the applicant.

(b) If the applicant does not specify any such wish and if the amount or
amounts received by the receiving Office are higher than the basic fee and
one designation fee but lower than what is due according to the number of
the designated States, any amount in excess of the basic fee and one
designation fee shall be treated as designation fees for the States
following the State first named in the request and in the order in which
the States are designated in the request up to and including that
designated State for which the total amount of the designation fee is
covered by the amount or amounts received.

(c) The designation fee for the first mentioned State belonging to a group
of States for which the same regional patent is sought and which is
specified under paragraph (a) or which is reached under paragraph (b)
shall, for the purposes of the said paragraphs, be considered as covering
also the other States of the said group.

15.6 Refund

(a) The international fee shall be refunded to the applicant if the
determination under Article 11(1) is negative.

(b) In no other case shall the international fee be refunded.

 

Author: international

Mentioned in these Entries

Patent Cooperation Treaty; with Regulations.