Patent Cooperation Treaty; with Regulations 27

Patent Cooperation Treaty; with Regulations

 

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).

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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Mentioned in these Entries</h.


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