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

(1)

(a)* If the election of any Contracting State has been effected prior to the expiration of the 19th month from the priority date, the provisions of Article 22 shall not apply to such State and the applicant shall furnish a copy of the international application (unless the communication under Article 20 has already taken place) and a translation thereof (as prescribed), and pay the national fee (if any), to each elected Office not later than at the expiration of 30 months from the priority date. * The text of Article 39(1)(a) ("If the election of any Contracting State has been effected prior to the expiration of the 19th month from the priority date, the provisions of Article 22 shall not apply to such State and the applicant shall furnish a copy of the international application (unless the communication under Article 20 has already taken place) and a translation thereof (as prescribed), and pay the national fee (if any), to each elected Office not later than at the expiration of 25 months from the priority date.") was modified by a decision taken by the Assembly of the PCT Union on February 3, 1984. In addition to that modification, the decision of the Assembly contains the following provisions: "(2) The modification enters into force on January 1, 1985. However, as long as the said time limit of 30 months is incompatible in all cases with the national law applied by the elected Office, a time limit of 25 months from the priority date shall, during that transitory period, apply with respect to that elected Office, provided that such Office has made a notification to that effect to the International Bureau. "(3) The notification referred to in paragraph (2) shall be addressed to the International Bureau before October 1, 1984. It shall be promptly published by the International Bureau in the Gazette, and it shall become effective on January 1, 1985. "(4) Any notification effected under paragraph (3) may be withdrawn at any time. Such withdrawal shall be promptly published by the International Bureau in the Gazette, and it shall be effective two months after its publication in the Gazette or at any later date as indicated in the notice of withdrawal."

(b) Any national law may, for performing the acts referred to in subparagraph (a), fix time limits which expire later than the time limit provided for in that subparagraph.

(2) The effect provided for in Article 11(3) shall cease in the elected State with the same consequences as the withdrawal of any national application in that State if the applicant fails to perform the acts referred to in paragraph (1)(a) within the time limit applicable under paragraph (1)(a) or paragraph (1)(b).

(3) Any elected Office may maintain the effect provided for in Article 11(3) even where the applicant does not comply with the requirements provided for in paragraph (1)(a) or paragraph (1)(b).