Patent Cooperation Treaty; with Regulations 12

Patent Cooperation Treaty; with Regulations

 

Article 5
The Description

The description shall disclose the invention in a manner sufficiently clear
and complete for the invention to be carried out by a person skilled in the
art.

Article 6
The Claims

The claim or claims shall define the matter for which protection is sought.
Claims shall be clear and concise. They shall be fully supported by the
description.

Article 7
The Drawings

(1) Subject to the provisions of paragraph (2)(ii), drawings shall be
required when they are necessary for the understanding of the invention.

(2) Where, without being necessary for the understanding of the invention,
the nature of the invention admits of illustration by drawings:
(i) the applicant may include such drawings in the international
application when filed,
(ii) any designated Office may require that the applicant file such
drawings with it within the prescribed time limit.

Article 8
Claiming Priority

(1) The international application may contain a declaration, as prescribed
in 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 the provisions of subparagraph (b), the conditions for,
and the effect of, any priority claim declared under paragraph (1) shall be
as provided in Article 4 of the Stockholm Act of the Paris Convention for
the Protection of Industrial Property.

(b) The international application for which the priority of one or more
earlier applications filed in or for a Contracting State is claimed may
contain the designation of that State. Where, in the international
application, the priority of one or more national applications filed in or
for a designated State is claimed, or where the priority of an
international application having designated only one State is claimed, the
conditions for, and the effect of, the priority claim in that State shall
be governed by the national law of that State.

Article 9
The Applicant

(1) Any resident or national of a Contracting State may file an
international application.

(2) The Assembly may decide to allow the residents and the nationals of any
country party to the Paris Convention for the Protection of Industrial
Property which is not party to this Treaty to file international
applications.

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

Article 10
The Receiving Office

The international application shall be filed with the prescribed receiving
Office, which will check and process it as provided in this Treaty and the
Regulations.

Article 11
Filing Date and Effects of the International Application

(1) The receiving Office shall accord as the international filing date the
date of receipt of the international application, provided that that Office
has found that, at the time of receipt:

(i) the applicant does not obviously lack, for reasons of residence
or nationality, the right to file an international application with the
receiving Office,
(ii) the international application is in the prescribed language,
(iii) the international application contains at least the following
elements:

(a) an indication that it is intended as an international application,
(b) the designation of at least one Contracting State,
(c) the name of the applicant, as prescribed,
(d) a part which on the face of it appears to be a description,
(e) a part which on the face of it appears to be a claim or claims.

(2)(a) If the receiving Office finds that the international application did
not, at the time of receipt, fulfill the requirements listed in paragraph
(1), it shall, as provided in the Regulations, invite the applicant to file
the required correction.

(b) If the applicant complies with the invitation, as provided in the
Regulations, the receiving Office shall accord as the international filing
date the date of receipt of the required correction.

(3) Subject to Article 64(4), any international application fulfilling the
requirements listed in items (i) to (iii) of paragraph (1) and accorded an
international filing date shall have the effect of a regular national
application in each designated State as of the international filing date,
which date shall be considered to be the actual filing date in each
designated State.

(4) Any international application fulfilling the requirements listed in
items (i) to (iii) of paragraph (1) shall be equivalent to a regular
national filing within the meaning of the Paris Convention for the
Protection of Industrial Property.

Article 12
Transmittal of the International Application to the
International Bureau and the International Searching Authority

(1) One copy of the international application shall be kept by the
receiving Office (“home copy”), one copy (“record copy”) shall be
transmitted to the International Bureau, and another copy (“search copy”)
shall be transmitted to the competent International Searching Authority
referred to in Article 16, as provided in the Regulations.

(2) The record copy shall be considered the true copy of the international
application.

(3) The international application shall be considered withdrawn if the
record copy has not been received by the International Bureau within the
prescribed time limit.

Article 13
Availability of Copy of the International
Application to Designated Offices

(1) Any designated Office may ask the International Bureau to transmit to
it a copy of the international application prior to the communication
provided for in Article 20, and the International Bureau shall transmit
such copy to the designated Office as soon as possible after the expiration
of one year from the priority date.

(2)(a) The applicant may, at any time, transmit a copy of his international
application to any designated Office.

(b) The applicant may, at any time, ask the International Bureau to
transmit a copy of his international application to any designated Office,
and the International Bureau shall transmit such copy to the designated
Office as soon as possible.

(c) Any national Office may notify the International Bureau that it does
not wish to receive copies as provided for in subparagraph (b), in which
case that subparagraph shall not be applicable in respect of that Office.

Article 14
Certain Defects in the International Application

(1)(a) The receiving office shall check whether the international
application contains any of the following defects, that is to say:

(i) it is not signed as provided in the Regulations;
(ii) it does not contain the prescribed indications concerning the
applicant;
(iii) it does not contain a title;
(iv) it does not contain an abstract;
(v) it does not comply to the extent provided in the Regulations with
the prescribed physical requirements.

(b) If the receiving Office finds any of the said defects, it shall
invite the applicant to correct the international application within the
prescribed time limit, failing which that application shall be considered
withdrawn and the receiving Office shall so declare.

(2) If the international application refers to drawings which, in fact, are
not included in that application, the receiving Office shall notify the
applicant accordingly and he may furnish them within the prescribed time
limit and, if he does, the international filing date shall be the date on
which the drawings are received by the receiving Office. Otherwise, any
reference to the said drawings shall be considered non-existent.

(3)(a) If the receiving Office finds that, within the prescribed time
limits, the fees prescribed under Article 3(4)(iv) have not been paid, or
no fee prescribed under Article 4(2) has been paid in respect of any of the
designated States, the international application shall be considered
withdrawn and the receiving Office shall so declare.

(b) If the receiving Office finds that the fee prescribed under Article
4(2) has been paid in respect of one or more (but less than all) designated
States within the prescribed time limit, the designation of those States in
respect of which it has not been paid within the prescribed time limit
shall be considered withdrawn and the receiving Office shall so declare.

(4) If, after having accorded an international filing date to the
international application, the receiving Office finds, within the
prescribed time limit, that any of the requirements listed in items (i) to
(iii) of Article 11(1) was not complied with at that date, the said
application shall be considered withdrawn and the receiving Office shall so
declare.

 

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

country.


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *