Patent Cooperation Treaty; with Regulations

 

RULE 50

FACULTY UNDER ARTICLE 22(3)

50.1 Exercise of Faculty

(a) Any Contracting State allowing a time limit expiring later than the
time limits provided for in Article 22(1) or (2) shall notify the
International Bureau of the time limits so fixed.

(b) Any notification received by the International Bureau under paragraph
(a) shall be promptly published by the International Bureau in the Gazette.

(c) Notifications concerning the shortening of the previously fixed time
limit shall be effective in relation to international applications filed
after the expiration of 3 months computed from the date on which the
notification was published by the International Bureau.

(d) Notifications concerning the lengthening of the previously fixed time
limit shall become effective upon publication by the International Bureau
in the Gazette in respect of international applications pending at the time
or filed after the date of such publication, or, if the Contracting State
effecting the notification fixes some later date, as from the latter date.

RULE 51

REVIEW BY DESIGNATED OFFICES

51.1 Time Limit for Presenting the Request to Send Copies

The time limit referred to in Article 25(1)(c) shall be 2 months computed
from the date of the notification sent to the applicant under Rules
20.7(i), 24.2(b), 29.1(a)(ii), or 29.1(b).

51.2 Copy of the Notice

Where the applicant, after having received a negative determination under
Article 11(1), requests the International Bureau, under Article 25(1), to
send copies of the file of the purported international application to any
of the named Offices he has attempted to designate, he shall attach to his
request a copy of the notice referred to in Rule 20.7(i).

51.3 Time Limit for Paying National Fee and Furnishing

The time limit referred to in Article 25(2)(a) shall expire at the same
time as the time limit prescribed in Rule 51.1.

51.4 Notification to the International Bureau

Where, under Article 25(2), the competent designated Office decides that
the refusal, declaration or finding referred to in Article 25(1) was not
justified, it shall promptly notify the International Bureau that it will
treat the international application as if the error or omission referred to
in Article 25(2) had not occurred.

RULE 52

AMENDMENT OF THE CLAIMS, THE DESCRIPTION, AND
THE DRAWINGS, BEFORE DESIGNATED OFFICES

52.1 Time Limit

(a) In any designated State in which processing or examination starts
without special request, the applicant shall, if he so wishes, exercise the
right under Article 28 within one month from the fulfillment of the
requirements under Article 22, provided that, if the communication under
Rule 47.1 has not been effected by the expiration of the time limit
applicable under Article 22, he shall exercise the said right not later
than 4 months after such expiration date. In either case, the applicant may
exercise the said right at any other time if so permitted by the national
law of the said State.

(b) In any designated State in which the national law provides that
examination starts only on special request, the time limit within or the
time at which the applicant may exercise the right under Article 28 shall
be the same as that provided by the national law for the filing of
amendments in the case of the examination, on special request, of national
applications, provided that such time limit shall not expire prior to, or
such time shall not come before, the expiration of the time limit
applicable under paragraph (a).

PART C

RULES CONCERNING CHAPTER II OF THE TREATY

RULE 53

THE DEMAND

53.1 Form

(a) The demand shall be made on a printed form.

(b) Copies of printed forms shall be furnished free of charge by the
receiving Offices to the applicants.

(c) The particulars of the forms shall be prescribed by the Administrative
Instructions.

(d) The demand shall be submitted in two identical copies.

53.2 Contents

(a) The demand shall contain:

(i) a petition,

(ii) indications concerning the applicant and the agent if there is
an agent,

(iii) indications concerning the international application to which
it relates,

(iv) election of States.

(b) The demand shall be signed.

53.3 The Petition

The petition shall be to the following effect and shall preferably be
worded as follows: “Demand under Article 31 of the Patent Cooperation
Treaty: The undersigned requests that the international application
specified below be the subject of international preliminary examination
according to the Patent Cooperation Treaty.”
53.4 The Applicant

As to the indications concerning the applicant, Rules 4.4 and 4.16 shall
apply, and Rule 4.5 shall apply mutatis mutandis.

53.5 The Agent

If an agent is designated, Rules 4.4, 4.7, and 4.16 shall apply, and Rule
4.8 shall apply mutatis mutandis.

53.6 Identification of the International Application

The international application shall be identified by the name of the
receiving Office with which the international application was filed, the
name and address of the applicant, the title of the invention, and, where
the international filing date and the international application number are
known to the applicant, that date and that number.

53.7 Election of States

The demand shall name, among the designated States, at least one
Contracting State bound by Chapter II of the Treaty as elected State.

53.8 Signature

The demand shall be signed by the applicant.

RULE 54

THE APPLICANT ENTITLED TO MAKE A DEMAND

54.1 Residence and Nationality

The residence or nationality of the applicant shall, for the purposes of
Article 31(2), be determined according to Rules 18.1 and 18.2.

54.2 Several Applicants: Same for All Elected States

If all the applicants are applicants for the purposes of all elected
States, the right to make a demand under Article 31(2) shall exist if at
least one of them is

(i) a resident or national of a Contracting State bound by Chapter II
and the international application has been filed as provided in Article
31(2)(a), or

(ii) a person entitled to make a demand under Article 31(2)(b) and
the international application has been filed as provided in the decision of
the Assembly.

54.3 Several Applicants: Different for Different Elected States

(a) For the purposes of different elected States, different applicants may
be indicated, provided that, in respect of each elected State, at least one
of the applicants indicated for the purposes of that State is

(i) a resident or national of a Contracting State bound by Chapter II
and the international application has been filed as provided in Article
31(2)(a), or,

(ii) a person entitled to make a demand under Article 31(2)(b) and
the international application has been filed as provided in the decision of
the Assembly.
(b) If the requirement under paragraph (a) is not fulfilled in respect of
any elected State, the election of that State shall be considered not to
have been made.

54.4 Change in the Person or Name of the Applicant

Any change in the person or name of the applicant shall, on the request of
the applicant or the receiving Office, be recorded by the International
Bureau, which shall notify the interested International Preliminary
Examining Authority and the elected Offices accordingly.

RULE 55

LANGUAGES (INTERNATIONAL PRELIMINARY EXAMINATION)

55.1 The Demand

The demand shall be in the language of the international application or,
when a translation is required under Rule 55.2, in the language of that
translation.

55.2 The International Application

(a) If the competent International Preliminary Examining Authority is not
part of the same national Office or intergovernmental organization as the
competent International Searching Authority, and if the international
application is in a language other than the language, or one of the
languages, specified in the agreement concluded between the International
Bureau and the International Preliminary Examining Authority competent for
the international preliminary examination, the latter may require that the
applicant submit a translation of that application.

(b) The translation shall be submitted not later than the later of the
following two dates:

(i) the date on which the time limit under Rule 46.1 expires,

(ii) the date on which the demand is submitted.

(c) The translation shall contain a statement that, to the best of the
applicant’s knowledge, it is complete and faithful. This statement shall be
signed by the applicant.

(d) If the provisions of paragraphs (b) and (c) are not complied with, the
International Preliminary Examining Authority shall invite the applicant to
comply with them within 1 month from the date of the invitation. If the
applicant fails to do so, the demand shall be considered as if it had not
been submitted and the International Preliminary Examining Authority shall
notify the applicant and the International Bureau accordingly.

 

Author: international

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