Patent Cooperation Treaty; with Regulations

 

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.

 

Author: international

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