Lex Mercatoria

www.lexmercatoria.org

www.jus.uio.no/lm

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Patent Cooperation Treaty (PCT), Done at Washington on June 19, 1970, amended on October 2, 1979, and modified on February 3, 1984, and Regulations under the PCT (as in force on January 1, 1985) World Intellectual Property Organization, Geneva 1985 [WIPO Publication Nø 274(E)]

Preamble

Introductory Provisions

Article 1 - Establishment of a Union

Article 2 - Definitions

Chapter I - International Application and International Search

Article 3 - The International Application

Article 4 - The Request

Article 5 - The Description

Article 6 - The Claims

Article 7 - The Drawings

Article 8 - Claiming Priority

Article 9 - The Applicant

Article 10 - The Receiving Office

Article 11 - Filing Date and Effects of the International Application

Article 12 - Transmittal of the International Application to the International Bureau and the International Searching Authority

Article 13 - Availability of Copy of the International Application to Designated Offices

Article 14 - Certain Defects in the International Application

Article 15 - The International Search

Article 16 - The International Searching Authority

Article 17 - Procedure before the International Searching Authority

Article 18 - The International Search Report

Article 19 - Amendment of the Claims before the International Bureau

Article 20 - Communication to Designated Offices

Article 21 - International Publication

Article 22 - Copy, Translation, and Fee, to Designated Offices

Article 23 - Delaying of National Procedure

Article 24 - Possible Loss of Effect in Designated States

Article 25 - Review by Designated Offices

Article 26 - Opportunity to Correct before Designated Offices

Article 27 - National Requirements

Article 28 - Amendment of the Claims, the Description, and the Drawings, before Designated Offices

Article 29 - Effects of the International Publication

Article 30 - Confidential Nature of the International Application

Chapter II - International Preliminary Examination

Article 31 - Demand for International Preliminary Examination

Article 32 - The International Preliminary Examining Authority

Article 33 - The International Preliminary Examination

Article 34 - Procedure before the International Preliminary Examining Authority

Article 35 - The International Preliminary Examination Report

Article 36 - Transmittal, Translation, and Communication, of the International Preliminary Examination Report

Article 37 - Withdrawal of Demand or Election

Article 38 - Confidential Nature of the International Preliminary Examination

Article 39 - Copy, Translation, and Fee, to Elected Offices

Article 40 - Delaying of National Examination and Other Processing

Article 41 - Amendment of the Claims, the Description, and the Drawings, before Elected Offices

Article 42 - Results of National Examination in Elected Offices

Chapter III - Common Provisions

Article 43 - Seeking Certain Kinds of Protection

Article 44 - Seeking Two Kinds of Protection

Article 45 - Regional Patent Treaties

Article 46 - Incorrect Translation of the International Application

Article 47 - Time Limits

Article 48 - Delay in Meeting Certain Time Limits

Article 49 - Right to Practice before International Authorities

Chapter IV - Technical Services

Article 50 - Patent Information Services

Article 51 - Technical Assistance

Article 52 - Relations with Other Provisions of the Treaty

Chapter V - Administrative Provisions

Article 53 - Assembly

Article 54 - Executive Committee

Article 55 - International Bureau

Article 56 - Committee for Technical Cooperation

Article 57 - Finances

Article 58 - Regulations

Chapter VI - Disputes

Article 59 - Disputes

Chapter VII - Revision and Amendment

Article 60 - Revision of the Treaty

Article 61 - Amendment of Certain Provisions of the Treaty

Article 62 - Becoming Party to the Treaty

Article 63 - Entry into Force of the Treaty

Article 64 - Reservations

Article 65 - Gradual Application

Article 66 - Denunciation

Article 67 - Signature and Languages

Article 68 - Depositary Functions

Article 69 - Notifications

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Patent Cooperation Treaty (PCT), Done at Washington on June 19, 1970, amended on October 2, 1979, and modified on February 3, 1984, and Regulations under the PCT (as in force on January 1, 1985) World Intellectual Property Organization, Geneva 1985 [WIPO Publication Nø 274(E)]

World Intellectual Property Organization (WIPO)

copy @ Lex Mercatoria

Patent Cooperation Treaty (PCT), Done at Washington on June 19, 1970, amended on October 2, 1979, and modified on February 3, 1984, and Regulations under the PCT (as in force on January 1, 1985) World Intellectual Property Organization, Geneva 1985 [WIPO Publication Nø 274(E)]

Chapter I - International Application and International Search

Article 27 - National Requirements

(1) No national law shall require compliance with requirements relating to the form or contents of the international application different from or additional to those which are provided for in this Treaty and the Regulations.

(2) The provisions of paragraph (1) neither affect the application of the provisions of Article 7(2) nor preclude any national law from requiring, once the processing of the international application has started in the designated Office, the furnishing:

(i) when the applicant is a legal entity, of the name of an officer entitled to represent such legal entity,

(ii) of documents not part of the international application but which constitute proof of allegations or statements made in that application, including the confirmation of the international application by the signature of the applicant when that application, as filed, was signed by his representative or agent.

(3) Where the applicant, for the purposes of any designated State, is not qualified according to the national law of that State to file a national application because he is not the inventor, the international application may be rejected by the designated Office.

(4) Where the national law provides, in respect of the form or contents of national applications, for requirements which, from the view point of applicants, are more favorable than the requirements provided for by this Treaty and the Regulations in respect of international applications, the national Office, the courts and any other competent organs of or acting for the designated State may apply the former requirements, instead of the latter requirements, to international applications, except where the applicant insists that the requirements provided for by this Treaty and the Regulations be applied to his international application.

(5) Nothing in this Treaty and the Regulations is intended to be construed as prescribing anything that would limit the freedom of each Contracting State to prescribe such substantive conditions of patentability as it desires. In particular, any provision in this Treaty and the Regulations concerning the definition of prior art is exclusively for the purposes of the international procedure and, consequently, any Contracting State is free to apply, when determining the patentability of an invention claimed in an international application, the criteria of its national law in respect of prior art and other conditions of patentability not constituting requirements as to the form and contents of applications.

(6) The national law may require that the applicant furnish evidence in respect of any substantive condition of patentability prescribed by such law.

(7) Any receiving Office or, once the processing of the international application has started in the designated Office, that Office may apply the national law as far as it relates to any requirement that the applicant be represented by an agent having the right to represent applicants before the said Office andaor that the applicant have an address in the designated State for the purpose of receiving notifications.

(8) Nothing in this Treaty and the Regulations is intended to be construed as limiting the freedom of any Contracting State to apply measures deemed necessary for the preservation of its national security or to limit, for the protection of the general economic interests of that State, the right of its own residents or nationals to file international applications.


  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

Disclaimer!

© 

Ralph Amissah




Lex Mercatoria