Patent Cooperation Treaty; with Regulations

 

RULE 69

TIME LIMIT FOR INTERNATIONAL PRELIMINARY EXAMINATION

69.1 Time Limit for International Preliminary Examination

(a) All agreements concluded with International Preliminary Examining
Authorities shall provide for the same time limit for the establishment of
the international preliminary examination report. This time limit shall not
exceed:

(i) 6 months after the start of the international preliminary
examination,

(ii) in cases where the International Preliminary Examining Authority
issues an invitation to restrict the claims or pay additional fees (Article
34(3)), 8 months after the start of the international preliminary
examination.

(b) International preliminary examination shall start upon receipt, by the
International Preliminary Examining Authority:

(i) under Rule 62.2(a), of the claims as amended under Article 19, or

(ii) under Rule 62.2(b), of a notice from the International Bureau
that no amendments under Article 19 have been filed within the prescribed
time limit or that the applicant has declared that he does not wish to make
such amendments, or

(iii) of a notice, after the international search report is in the
possession of the International Preliminary Examining Authority, from the
applicant expressing the wish that the international preliminary
examination should start and be directed to the claims as specified in such
notice, or

(iv) of a notice of the declaration by the International Searching
Authority that no international search report will be established (Article
17(2)(a)).

(c) If the competent International Preliminary Examining Authority is part
of the same national Office or intergovernmental organization as the
competent International Searching Authority, the international preliminary
examination may, if the International Preliminary Examining Authority so
wishes, start at the same time as the international search, In such a case,
the international preliminary examination report shall be established,
notwithstanding the provisions of paragraph (a), no later than 6 months
after the expiration of the time limit allowed under Article 19 for
amending the claims.

RULE 70

THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT

70.1 Definition

For the purposes of this Rule, “report”shall mean international
preliminary examination report.

70.2 Basis of the Report

(a) If the claims have been amended, the report shall issue on the claims
as amended.

(b) If, pursuant to Rule 66.7(c), the report is established as if the
priority had not been claimed, the report shall so indicate.

(c) If the International Preliminary Examining Authority considers that any
amendment goes beyond the disclosure in the international application as
filed, the report shall be established as if such amendment had not been
made, and the report shall so indicate. It shall also indicate the reasons
why it considers that the amendment goes beyond the said disclosure.

70.3 Identifications

The report shall identify the International Preliminary Examining Authority
which established it by indicating the name of such Authority, and the
international application, by indicating the international application
number, the name of the applicant, the name of the receiving Office, and
the international filing date.

70.4 Dates

The report shall indicate:

(i) the date on which the demand was submitted, and

(ii) the date of the report; that date shall be the date on which the
report is completed.

70.5 Classification

(a) The report shall repeat the classification given under Rule 43.3 if the
International Preliminary Examining Authority agrees with such
classification.

(b) Otherwise, the International Preliminary Examining Authority shall
indicate in the report the classification, at least according to the
International Patent Classification, which it considers correct.

70.6 Statement under Article 35(2)

(a) The statement referred to in Article 35(2) shall consist of the words
“YES”or “NO,”or their equivalent in the language of the report, or some
appropriate sign provided for in the Administrative Instructions, and shall
be accompanied by the citations, explanations and observations, if any,
referred to in the last sentence of Article 35(2).

(b) If any of the three criteria referred to in Article 35(2) (that is,
novelty, inventive step (non-obviousness), industrial applicability) is not
satisfied, the statement shall be negative. If, in such a case, any of the
criteria, taken separately, is satisfied, the report shall specify the
criterion or criteria so satisfied.

70.7 Citations under Article 35(2)

(a) The report shall cite the documents considered to be relevant for
supporting the statements made under Article 35(2).

(b) The provisions of Rule 43.5(b) and (e) shall apply also to the report.

70.8 Explanations under Article 35(2)

The Administrative Instructions shall contain guidelines for cases in which
the explanations referred to in Article 35(2) should or should not be given
and the form of such explanations. Such guidelines shall be based on the
following principles:

(i) explanations shall be given whenever the statement in relation to
any claim is negative;

(ii) explanations shall be given whenever the statement is positive
unless the reason for citing any document is easy to imagine on the basis
of consultation of the cited document;

(iii) generally, explanations shall be given if the case provided for
in the last sentence of Rule 70.6(b) obtains.

70.9 Non-Written Disclosures

Any non-written disclosure referred to in the report by virtue of Rule 64.2
shall be mentioned by indicating its kind, the date on which the written
disclosure referring to the non-written disclosure was made available to
the public, and the date on which the non-written disclosure occurred in
public.

70.10 Certain Published Documents

Any published application or any patent referred to in the report by virtue
of Rule 64.3 shall be mentioned as such and shall be accompanied by an
indication of its date of publication, of its filing date, and its claimed
priority date (if any). In respect of the priority date of any such
document, the report may indicate that, in the opinion of the International
Preliminary Examining Authority, such date has not been validly claimed.

70.11 Mention of Amendments or Correction of Certain Defects

If, before the International Preliminary Examining Authority, amendments or
corrections have been made, this fact shall be indicated in the report.

70.12 Mention of Certain Defects

If the International Preliminary Examining Authority considers that, at the
time it prepares the report:
(i) the international application contains any of the defects
referred to in Rule 66.2(a)(iii), it shall include this opinion and the
reasons therefor in the report;

(ii) the international application calls for any of the observations
referred to in Rule 66.2(a)(v), it may include this opinion in the report
and, if it does, it shall also indicate in the report the reasons for such
opinion.

70.13 Remarks Concerning Unity of Invention

If the applicant paid additional fees for the international preliminary
examination, or if the international application or the international
preliminary examination was restricted under Article 34(3), the report
shall so indicate. Furthermore, where the international preliminary
examination was carried out on restricted claims (Article 34(3)(a)), or on
the main invention only (Article 34(3)(c)), the report shall indicate what
parts of the international application were and what parts were not the
subject of international preliminary examination.

70.14 Signature

The report shall be signed by an authorized officer of the International
Preliminary Examining Authority.

70.15 Form

The physical requirements as to the form of the report shall be prescribed
by the Administrative Instructions.

70.16 Attachment of Corrections and Amendments

If the claims, the description, or the drawings, were amended or any part
of the international application was corrected before the International
Preliminary Examining Authority, each replacement sheet marked as provided
in Rule 66.8(b) shall be attached to the report as an annex thereto.
Replacement sheets superseded by later replacement sheets shall not be
attached. If the amendment is communicated in a letter, a copy of such
letter shall also be annexed to the report.

70.17 Languages of the Report and the Annexes

(a) The report shall be in the language in which the international
application to which it relates is published.

(b) Any annex shall be both in the language in which the international
application to which it relates was filed and also, if it is different, in
the language in which the international application to which it relates is
published.

RULE 71

TRANSMITTAL OF THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

71.1 Recipients

The International Preliminary Examining Authority shall, on the same day,
transmit one copy of the international preliminary examination report and
its annexes, if any, to the International Bureau, and one copy to the
applicant.

71.2 Copies of Cited Documents
(a) The request under Article 36(4) may be presented any time during 7
years from the international filing date of the international application
to which the report relates.

(b) The International Preliminary Examining Authority may require that the
party (applicant or elected Office) presenting the request pay to it the
cost of preparing and mailing the copies. The level of the cost of
preparing copies shall be provided for in the agreements referred to in
Article 32(2) between the International Preliminary Examining Authorities
and the International Bureau.

(c) Any International Preliminary Examining Authority not wishing to send
copies direct to any elected Office shall send a copy to the International
Bureau and the International Bureau shall then proceed as provided in
paragraphs (a) and (b).

(d) Any International Preliminary Examining Authority may perform the
obligations referred to in (a) to (c) through another agency responsible to
it.

RULE 72

TRANSLATION OP THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

72.1 Languages

(a) Any elected State may require that the international preliminary
examination report, established in any language other than the official
language, or one of the official languages, of its national Office, be
translated into English, French, German, Japanese, Russian, or Spanish.

(b) Any such requirement shall be notified to the International Bureau,
which shall promptly publish it in the Gazette.

72.2 Copies of Translations for the Applicant

The International Bureau shall transmit a copy of each translation of the
international preliminary examination report to the applicant at the same
time as it communicates such translation to the interested elected Office
or Offices.

72.3 Observations on the Translation

The applicant may make written observations on what, in his opinion, are
errors of translation in the translation of the international preliminary
examination report and shall send a copy of any such observations to each
of the interested elected Offices and a copy to the International Bureau.

RULE 73

COMMUNICATION OF THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

73.1 Preparation of Copies

The International Bureau shall prepare the copies of the documents to be
communicated under Article 36(3)(a).

73.2 Time Limit for Communication

The communication provided for in Article 36(3)(a) shall be effected as
promptly as possible.

RULE 74

TRANSLATIONS OF ANNEXES OF THE INTERNATIONAL
PRELIMINARY EXAMINATION REPORT AND TRANSMITTAL THEREOF

74.1 Time Limit

Any replacement sheet referred to in Rule 70.16, or any amendment referred
to in the last sentence of that Rule which was filed prior to the
furnishing of the translation of the international application required
under Article 39, or, where the furnishing of such translation is governed
by Article 64(2)(a)(i), which was filed prior to the furnishing of the
translation of the international application required under Article 22,
shall be translated and transmitted together with the furnishing under
Article 39 or, where applicable, under Article 22, or,if filed less than 1
month before such furnishing or if filed after such furnishing, 1 month
after it has been filed.

RULE 75

WITHDRAWAL OF THE DEMAND, OR OF ELECTIONS

75.1 Withdrawals

(a) Withdrawal of the demand or all the elections may be effected prior to
the expiration of 25 months from the priority date except as to any elected
State in which national processing or examination has already started.
Withdrawal of the election of any elected State may be effected prior to
the date on which examination and processing may start in that State.

(b) Withdrawal shall be effected by a signed notice from the applicant to
the International Bureau. In the case of Rule 4.8(b), the notice shall
require the signature of all the applicants.

75.2 Notification of Elected Offices

(a) The fact that the demand or all elections have been withdrawn shall be
promptly notified by the International Bureau to the national Offices of
all States which, up to the time of the withdrawal, were elected States and
had been informed of their election.

(b) The fact that any election has been withdrawn and the date of receipt
of the withdrawal shall be promptly notified by the International Bureau to
the elected Office concerned, except where it has not yet been informed
that it had been elected.

75.3 Notification of the International Preliminary Examining Authority

The fact that the demand or all elections have been withdrawn shall be
promptly notified by the International Bureau to the International
Preliminary Examining Authority if, at the time of the withdrawal, the
latter had been informed of the existence of the demand.

75.4 Faculty under Article 37(4)(b)

(a) Any Contracting State wishing to take advantage of the faculty provided
for in Article 37(4)(b) shall notify the International Bureau in writing.

(b) The notification under paragraph (a) shall be promptly published by the
International Bureau in the Gazette, and shall have effect in respect of
international applications filed more than 1 month after the publication
date of the relevant issue of the Gazette.

RULE 76
LANGUAGES OF TRANSLATIONS AND AMOUNTS OF FEES
UNDER ARTICLE 39(1); TRANSLATION OP PRIORITY DOCUMENT

76.1 Notification

(a) Any Contracting State requiring the furnishing of a translation or the
payment of a national fee, or both, under Article 39(1), shall notify the
International Bureau of:

(i) the languages from which and the language into which it requires
translation,

(ii) the amount of the national fee.

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

(c) If the requirements under paragraph (a) change later, such changes
shall be notified by the Contracting State to the International Bureau and
that Bureau shall promptly publish the notification in the Gazette. If the
change means that translation is required into a language which, before the
change, was not required, such change shall be effective only with respect
to a demand submitted later than 2 months after the publication of the
notification in the Gazette. Otherwise, the effective date of any change
shall be determined by the Contracting State.

76.2 Languages

The language into which translation may be required must be an official
language of the elected Office. If there are several of such languages, no
translation may be required if the international application is in one of
them. If there are several official languages and a translation must be
furnished, the applicant may choose any of those languages. Notwithstanding
the foregoing provisions of this paragraph, if there are several official
languages but the national law prescribes the use of one such language for
foreigners, a translation into that language may be required.

76.3 Statements under Article 19

For the purposes of Article 39 and the present Rule, any statement made
under Article 19(1) shall be considered as part of the international
application.

76.4 Time Limit for Translation of Priority Document

The applicant shall not be required to furnish to any elected Office a
certified translation of the priority document before the expiration of the
applicable time limit under Article 39.

RULE 77

FACULTY UNDER ARTICLE 39(1)(b)

77.1 Exercise of Faculty

(a) Any Contracting State allowing a time limit expiring later than the
time limit provided for in Article 39(1)(a) shall notify the International
Bureau of the time limit 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 demands submitted 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 demands pending at the time or submitted after
the date of such publication, or, if the Contracting State effecting the
notification fixes some later date, as from the latter date.

RULE 78

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

78.1 Time Limit Where Election Is Effected Prior to Expiration of 19
Months from Priority Date

(a) Where the election of any Contracting State is effected prior to the
expiration of the 19th month from the priority date, the applicant shall,
if he so wishes, exercise the right under Article 41 after the transmittal
of the international preliminary examination report under Article 36(1) has
been effected and before the time limit applicable under Article 39
expires, provided that, if the said transmittal has not taken place by the
expiration of the time limit applicable under Article 39, he shall exercise
the said right not later than on 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 elected State in which the national law provides that
examination starts only on special request, the national law may provide
that the time limit within or the time at which the applicant may exercise
the right under Article 41 shall, where the election of any Contracting
State is effected prior to the expiration of the 19th month from the
priority date, 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 Article 39.

78.2 Time Limit Where Election Is Effected After Expiration of 19 Months
From Priority Date

Where the election of any Contracting State has been effected after the
expiration of the 19th month from the priority date and the applicant
wishes to make amendments under Article 41, the time limit for making
amendments under Article 28 shall apply.

78.3 Utility Models

The provisions of Rules 6.5 and 13.5 shall apply, mutatis mutandis, before
elected Offices. If the election was made before the expiration of the 19th
month from the priority date, the reference to the time limit applicable
under Article 22 is replaced by a reference to the time limit applicable
under Article 39.

PART D

RULES CONCERNING CHAPTER III OF THE TREATY

RULE 79

CALENDAR
79.1 Expressing Dates

Applicants, national Offices, receiving Offices, International Searching
and Preliminary Examining Authorities, and the International Bureau, shall,
for the purposes of the Treaty and the Regulations, express any date in
terms of the Christian era and the Gregorian calendar, or, if they use
other eras and calendars, they shall also express any date in terms of the
Christian era and the Gregorian calendar.

RULE 80

COMPUTATION OF TIME LIMITS

80.1 Periods Expressed in Years

When a period is expressed as one year or a certain number of years,
computation shall start on the day following the day on which the relevant
event occurred, and the period shall expire in the relevant subsequent year
in the month having the same name and on the day having the same number as
the month and the day on which the said event occurred provided that if the
relevant subsequent month has no day with the same number the period shall
expire on the last day of that month.

80.2 Periods Expressed in Months

When a period is expressed as one month or a certain number of months,
computation shall start on the day following the day on which the relevant
event occurred, and the period shall expire in the relevant subsequent
month on the day which has the same number as the day on which the said
event occurred, provided that if the relevant subsequent month has no day
with the same number the period shall expire on the last day of that month.

80.3 Periods Expressed in Days

When a period is expressed as a certain number of days, computation shall
start on the day following the day on which the relevant event occurred,
and the period shall expire on the day on which the last day of the count
has been reached.

80.4 Local Dates

(a) The date which is taken into consideration as the starting date of the
computation of any period shall be the date which prevails in the locality
at the time when the relevant event occurred.

(b) The date on which any period expires shall be the date which prevails
in the locality ln which the required document must be filed or the
required fee must be paid.

80.5 Expiration on a Non-Working Day

If the expiration of any period during which any document or fee must reach
a national Office or intergovernmental organization falls on a day on which
such Office or organization is not open to the public for the purposes of
the transaction of official business, or on which ordinary mail is not
delivered in the locality in which such Office or organization is situated,
the period shall expire on the next subsequent day on which neither of the
said two circumstances exists.

80.6 Date of Documents

Where a period starts on the day of the date of a document or letter
emanating from a national Office or intergovernmental organization, any
interested party may prove that the said document or letter was mailed on a
day later than the date it bears, in which case the date of actual mailing
shall, for the purposes of computing the period, be considered to be the
date on which the period starts.

80.7 End of Working Day

(a) A period expiring on a given day shall expire at the moment the
national Office or intergovernmental organization with which the document
must be filed or to which the fee must be paid closes for business on that
day.

(b) Any Office or organization may depart from the provisions of paragraph
(a) up to midnight on the relevant day.

(c) The International Bureau shall be open for business until 6 p.m.

RULE 81

MODIFICATION OF TIME LIMITS FIXED IN THE TREATY

81.1 Proposal

(a) Any Contracting State or the Director General may propose a
modification under Article 47(2).

(b) Proposals made by a Contracting State shall be presented to the
Director General.

81.2 Decision by the Assembly

(a) When the proposal is made to the Assembly, its text shall be sent by
the Director General to all Contracting States at least 2 months in advance
of that session of the Assembly whose agenda includes the proposal.

(b) During the discussion of the proposal in the Assembly, the proposal may
be amended or consequential amendments proposed.

(c) The proposal shall be considered adopted if none of the Contracting
States present at the time of voting votes against the proposal.

81.3 Voting by Correspondence

(a) When voting by correspondence is chosen, the proposal shall be included
in a written communication from the Director General to the Contracting
States, inviting them to express their vote in writing.

(b) The invitation shall fix the tine limit within which the reply
containing the vote expressed in writing must reach the International
Bureau. That time limit shall not be less than 3 months from the date of
the invitation.

(c) Replies must be either positive or negative. Proposals for amendments
or mere observations shall not be regarded as votes.

(d) The proposal shall be considered adopted if none of the Contracting
States opposes the amendment and if at least one-half of the Contracting
States express either approval or indifference or abstention.

RULE 82

IRREGULARITIES IN THE MAIL SERVICE

82.1 Delay or Loss in Mail

(a) Subject to the provisions of Rule 22.3, any interested party may offer
evidence that he has mailed the document or letter 5 days prior to the
expiration of the time limit. Except in cases where surface mail normally
arrives at its destination within 2 days of mailing, or where no airmail
service is available, such evidence may be offered only if the mailing was
by Airmail. In any case, evidence may be offered only if the mailing was by
mail registered by the postal authorities.

(b) If such mailing is proven to the satisfaction of the national Office or
intergovernmental organization which is the addressee, delay in arrival
shall be excused, or, if the document or letter is lost in the mail,
substitution for it of a new copy shall be permitted, provided that the
interested party proves to the satisfaction of the said Office or
organization that the document or letter offered in substitution is
identical with the document or letter lost.

(c) In the cases provided for in paragraph (b), evidence of mailing within
the prescribed time limit, and, where the document or letter was lost, the
substitute document or letter as well, shall be submitted within 1 month
after the date on which the interested party noticed–or with due diligence
should have noticed–the delay or the loss, and in no case later than 6
months after the expiration of the time limit applicable in the given case.

82.2 Interruption in the Mail Service

(a) Subject to the provisions of Rule 22.3, any interested party may offer
evidence that on any of the 10 days preceding the day of expiration of the
time limit the postal service was interrupted on account of war,
revolution, civil disorder, strike, natural calamity, or other like reason,
in the locality where the interested party resides or has his place of
business or is staying.

(b) If such circumstances are proven to the satisfaction of the national
Office or intergovernmental organization which is the addressee, delay in
arrival shall be excused, provided that the interested party proves to the
satisfaction of the said Office or organization that he effected the
mailing within 5 days after the mail service was resumed. The provisions of
Rule 82.1(c) shall apply mutatis mutandis.

RULE 83

RIGHT TO PRACTICE BEFORE INTERNATIONAL AUTHORITIES

83.1 Proof of Right

The International Bureau, the competent International Searching Authority,
and the competent International Preliminary Examining Authority, may
require the production of proof of the right to practice referred to in
Article 49.

83.2 Information

(a) The national Office or the intergovernmental organization which the
interested person is alleged to have a right to practice before shall, upon
request, inform the International Bureau, the competent International
Searching Authority, or the competent International Preliminary Examining
Authority, whether such person has the right to practice before it.

(b) Such information shall be binding upon the International Bureau, the
International Searching Authority, or the International Preliminary
Examining Authority, as the case may be.

PART E

RULES CONCERNING CHAPTER V OF THE TREATY

RULE 84

EXPENSES OF DELEGATIONS

84.1 Expenses Borne by Governments

The expenses of each Delegation participating in any organ established by
or under the Treaty shall be borne by the Government which has appointed
it.

RULE 85

ABSENCE OF QUORUM IN THE ASSEMBLY

85.1 Voting by Correspondence

In the case provided for in Article 53(5)(b), the International Bureau
shall communicate the decisions of the Assembly (other than those
concerning the Assembly’s own procedure) to the Contracting States which
were not represented and shall invite them to express in writing their vote
or abstention within a period of 3 months from the date of the
communication. If, at the expiration of that period, the number of
Contracting States having thus expressed their vote or abstention attains
the number of Contracting States which was lacking for attaining the quorum
in the session itself, such decisions shall take effect provided that at
the same time the required majority still obtains.

RULE 86

THE GAZETTE

86.1 Contents

The Gazette referred to in Article 55(4) shall contain:

(i) for each published international application, data specified by
the Administrative Instructions taken from the front page of the pamphlet
published under Rule 48, the drawing (if any) appearing on the said front
page, and the abstract,

(ii) the schedule of all fees payable to the receiving Offices, the
International Bureau, and the International Searching and Preliminary
Examining Authorities,

(iii) notices the publication of which is required under the Treaty
or these Regulations,

(iv) information, if and to the extent furnished to the International
Bureau by the designated or elected Offices, on the question whether the
requirements provided for in Articles 22 or 39 have been complied with in
respect of the international applications designating or electing the
Office concerned,

(v) any other useful information prescribed by the Administrative
Instructions, provided access to such information is not prohibited under
the Treaty or these Regulations.

86.2 Languages

(d) The Gazette shall be published in an English-language edition and a
French-language edition. It shall also be published in editions in any
other language, provided the cost of publication is assured through sales
or subventions.

(b) The Assembly may order the publication of the Gazette in languages
other than those referred to in paragraph (a).

86.3 Frequency

The Gazette shall be published once a week.

6.4 Sale

The subscription and other sale prices of the Gazette shall be fixed in the
Administrative Instructions,

86.5 Title

The title of the Gazette shall be “Gazette of International Patent
Applications,”and Gazette des Demandes internationales de brevets,”
respectively.

86.6 Further Details

Further details concerning the Gazette may be provided for in the
Administrative Instructions.

RULE 87

COPIES OF PUBLICATIONS

87.1 International Searching and Preliminary Examining Authorities

Any International Searching or Preliminary Examining Authority shall have
the right to receive, free of charge, two copies of every published
international application, of the Gazette, and of any other publication of
general interest published by the International Bureau in connection with
the Treaty or these Regulations.

87.2 National Offices

(a) Any national Office shall have the right to receive, free of charge,
one copy of every published international application, of the Gazette, and
of any other publication of general interest published by the International
Bureau in connection with the Treaty or these Regulations.

(b) The publications referred to in paragraph (a) shall be sent on special
request, which shall be made, in respect of each year, by November 30 of
the preceding year. If any publication is available in more than one
language, the request shall specify the language in which it is desired.

RULE 88

AMENDMENT OF THE REGULATIONS

88.1 Requirement of Unanimity

Amendment of the following provisions of these Regulations shall require
that no State having the right to vote in the Assembly vote against the
proposed amendment:

(i) Rule 14.1 (Transmittal Fee),
(ii) Rule 22.2 (Transmittal of the Record Copy; Alternative
Procedure),
(iii) Rule 22.3 (Time Limit Under Article 12(3)),
(iv) Rule 33 (Relevant Prior Art for International Search),
(v) Rule 64 (Prior Art for International Preliminary Examination),
(vi) Rule 81 (Modification of Time Limits Fixed in the Treaty),
(vii) the present paragraph (i.e., Rule 88.1).

88.2 Requirement of Unanimity During a Transitional Period

During the first 5 years after the entry into force of the Treaty,
amendment of the following provisions of these Regulations shall require
that no State having the right to vote in the Assembly vote against the
proposed amendment:

(i) Rule 5 (The Description),
(ii) Rule 6 (The Claims),
(iii) the present paragraph (i.e., Rule 88.2).

88.3 Requirement of Absence of Opposition by Certain States

Amendment of the following provisions of these Regulations shall require
that no State referred to in Article 58(3)(a)(ii) and having the right to
vote in the Assembly vote against the proposed amendment:

(i) Rule 34 (Minimum Documentation),
(ii) Rule 39 (Subject Matter Under Article 17(2)(a)(i)),
(iii) Rule 67 (Subject Matter Under Article 34(4)(a)(i)),
(iv) the present paragraph (i.e., Rule 88.3).

88.4 Procedure

Any proposal for amending a provision referred to in Rules 88.1, 88.2 or
88.3, shall, if the proposal is to be decided upon in the Assembly, be
communicated to all Contracting States at least 2 months prior to the
opening of that session of the Assembly which is called upon to make a
decision on the proposal.

RULE 89

ADMINISTRATIVE INSTRUCTIONS

89.1 Scope

(a) The Administrative Instructions shall contain provisions:

(i) concerning matters in respect of which these Regulations
expressly refer to such Instructions,

(ii) concerning any details in respect of the application of these
Regulations.

(b) The Administrative Instructions shall not be in conflict with the
provisions of the Treaty, these Regulations, or any agreement concluded by
the International Bureau with an International Searching Authority, or an
International Preliminary Examining Authority.

89.2 Source

(a) The Administrative Instructions shall be drawn up and promulgated by
the Director General after consultation with the receiving Offices and the
International Searching and Preliminary Examining Authorities.

(b) They may be modified by the Director General after consultation with
the Offices or Authorities which have a direct interest in the proposed
modification.
(c) The Assembly may invite the Director General to modify the
Administrative Instructions, and the Director General shall proceed
accordingly.

89.3 Publication and Entry Into Force

(a) The Administrative Instructions and any modification thereof shall be
published in the Gazette.

(b) Each publication shall specify the date on which the published
provisions come into effect. The dates may be different for different
provisions, provided that no provision may be declared effective prior to
its publication in the Gazette.

PART F

RULES CONCERNING SEVERAL CHAPTERS OF THE TREATY

RULE 90

REPRESENTATION

90.1 Definitions

For the purposes of Rule 90.2 and Rule 90.3:

(i) “agent”means any of the persons referred to in Article 49;

(ii) “common representative”means the applicant referred to in Rule
4.8.

90.2 Effects

(a) Any act by or in relation to an agent shall have the effect of an act
by or in relation to the applicant or applicants having appointed the
agent.

(b) Any act by or in relation to a common representative or his agent shall
have the effect of an act by or in relation to all the applicants.

(c) If there are several agents appointed by the same applicant or
applicants, any act by or in relation to any of the several agents shall
have the effect of an act by or in relation to the said applicant or
applicants.

(d) The effects described in paragraphs (a), (b), and (c), shall apply to
the processing of the international application before the receiving
Office, the International Bureau, the International Searching Authority,
and the International Preliminary Examining Authority.

90.3 Appointment

(a) Appointment of any agent or of any common representative within the
meaning of Rule 4.3(a), if the said agent or common representative is not
designated in the request signed by all applicants, shall be effected in a
separate signed power of Attorney (i.e., a document appointing an agent or
a common representative).

(b) The power of Attorney may be submitted to the receiving Office or the
International Bureau. Whichever of the two is the recipient of the power of
attorney submitted shall immediately notify the other and the interested
International Searching Authority and the interested International
Preliminary Examining Authority.

(c) If the separate power of attorney is not signed as provided in
paragraph (a), or if the required separate power of attorney is missing, or
if the indication of the name or address of the appointed person does not
comply with Rule 4.4, the power of attorney shall be considered
non-existent unless the defect is corrected.

90.4 Revocation

(a) Any appointment may be revoked by the persons who have made the
appointment or their successors in title.

(b) Rule 90.3 shall apply, mutatis mutandis, to the document containing the
revocation.

RULE 91

OBVIOUS ERRORS OF TRANSCRIPTION

91.1 Rectification

(a) Subject to paragraphs (b) to (g), obvious errors of transcription in
the international application or other papers submitted by the applicant
may be rectified.

(b) Errors which are due to the fact that something other than what was
obviously intended was written in the international application or other
paper shall be regarded as obvious errors of transcription. The
rectification itself shall be obvious in the sense that anyone would
immediately realize that nothing else could have been intended than what is
offered as rectification.

(c) Omissions of entire elements or sheets of the international
application, even if clearly resulting from inattention, at the stage, for
example, of copying or assembling sheets, shall not be rectifiable.

(d) Rectification may be made on the request of the applicant. The
authority having discovered what appears to be an obvious error of
transcription may invite the applicant to present a request for
rectification as provided in paragraphs (e) to (g).

(e) No rectification shall be made except with the express authorization:

(i) of the receiving Office if the error is in the request,

(ii) of the International Searching Authority if the error is in any
part of the international application other than the request or in any
paper submitted to that Authority,

(iii) of the International Preliminary Examining Authority if the
error is in any part of the international application other than the
request or in any paper submitted to that Authority, and

(iv) of the International Bureau if the error is in any paper, other
than the international application or amendments or corrections to that
application, submitted to the International Bureau.

(f) The date of the authorization shall be recorded in the files of the
international application.

(g) The authorization for rectification referred to in paragraph (e) may be
given until the following events occur:

(i) in the case of authorization given by the receiving Office and
the International Bureau, the communication of the international
application under Article 20;

(ii) in the case of authorization given by the International
Searching Authority, the establishment of the international search report
or the making of a declaration under Article 17(2)(a);

(iii) in the case of authorization given by the International
Preliminary Examining Authority, the establishment of the international
preliminary examination report,

(h) Any authority, other than the International Bureau, which authorizes
any rectification shall promptly inform the International Bureau of such
rectification.

RULE 92

CORRESPONDENCE

92.1 Need for Letter and for Signature

(a) Any paper submitted by the applicant in the course of the international
procedure provided for in the Treaty and these Regulations, other than the
international application, itself, shall, if not itself in the form of a
letter, be accompanied by a letter identifying the international
application to which it relates. The letter shall be signed by the
applicant.

(b) If the requirements provided for in paragraph (a) are not complied
with, the paper shall be considered not to have been submitted.

92.2 Languages

(a) Subject to the provisions of paragraphs (b) and (c), any letter or
document submitted by the applicant to the International Searching
Authority or the International Preliminary Examining Authority shall be in
the same language as the international application to which it relates.

(b) Any letter from the applicant to the International Searching Authority
or the International Preliminary Examining Authority may be in a language
other than that of the international application, provided the said
Authority authorizes the use of such language.

(c) When a translation is required under Rule 55.2, the International
Preliminary Examining Authority may require that any letter from the
applicant to the said Authority be in the language of that translation,

(d) Any letter from the applicant to the International Bureau shall be in
English or French.

(e) Any letter or notification from the International Bureau to the
applicant or to any national Office shall be in English or French.

92.3 Mailings by National Offices and Intergovernmental Organizations

Any document or letter emanating from or transmitted by a national Office
or an intergovernmental organization and constituting an event from the
date of which any time limit under the Treaty or these Regulations
commences to run shall be sent by registered air mail, provided that
surface mail may be used instead of air mail in cases where surface mail
normally arrives at its destination within 2 days from mailing or where air
mail service is not available.

RULE 93

KEEPING OF RECORDS AND FILES

93.1 The Receiving Office

Each receiving Office shall keep the records relating to each international
application or purported international application, including the home
copy, for at least 10 years from the international filing date or, where no
international filing date is accorded, from the date of receipt.

93.2 The International Bureau

(a) The International Bureau shall keep the file, including the record
copy, of any international application for at least 30 years from the date
of receipt of the record copy.

(b) The basic records of the International Bureau shall be kept
indefinitely.

93.3 The International Searching and Preliminary Examining Authorities

Each International Searching Authority and each International Preliminary
Examining Authority shall keep the file of each international application
it receives for at least 10 years from the international filing date.

93 4 Reproductions

For the purposes of this Rule, records, copies and files shall also mean
photographic reproductions of records, copies, and files, whatever may be
the form of such reproductions (microfilms or other).

RULE 94

FURNISHING OF COPIES BY THE INTERNATIONAL
BUREAU AND THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

94.1 Obligation to Furnish

At the request of the applicant or any person authorized by the applicant,
the International Bureau and the International Preliminary Examining
Authority shall furnish, subject to reimbursement of the cost of the
service, copies of any document contained in the file of the applicant’s
international application or purported international application.

RULE 95

AVAILABILITY OF TRANSLATIONS

95.1 Furnishing of Copies of Translations

(a) At the request of the International Bureau, any designated or elected
Office shall provide it with a copy of the translation of the international
application furnished by the applicant to that Office.

(b) The International Bureau may, upon request and subject to reimbursement
of the cost, furnish to any person copies of the translations received
under paragraph (a).

Author: international

Mentioned in these Entries

Attorney, Patent Cooperation Treaty; with Regulations.