Patent Cooperation Treaty; with Regulations

 

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.

 

Author: international

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