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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 VII - Revision and Amendment

Article 64 - Reservations

(1)

(a) Any State may declare that it shall not be bound by the provisions of Chapter II.

(b) States making a declaration under subparagraph (a) shall not be bound by the provisions of Chapter II and the corresponding provisions of the Regulations.

(2)

(a) Any State not having made a declaration under paragraph (1)(a) may declare that:

(i) it shall not be bound by the provisions of Article 39(1) with respect to the furnishing of a copy of the international application and a translation thereof (as prescribed),

(ii) the obligation to delay national processing, as provided for under Article 40, shall not prevent publication, by or through its national Office, of the international application or a translation thereof, it being understood, however, that it is not exempted from the limitations provided for in Article 30 and Article 38.

(b) States making such a declaration shall be bound accordingly.

(3)

(a) Any State may declare that, as far as it is concerned, international publication of international applications is not required.

(b) Where, at the expiration of 18 months from the priority date, the international application contains the designation only of such States as have made declarations under subparagraph (a), the international application shall not be published by virtue of Article 21(2).

(c) Where the provisions of subparagraph (b) apply, the international application shall nevertheless be published by the International Bureau:

(i) at the request of the applicant, as provided in the Regulations,

(ii) when a national application or a patent based on the international application is published by or on behalf of the national Office of any designated State having made a declaration under subparagraph (a), promptly after such publication but not before the expiration of 18 months from the priority date.

(4)

(a) Any State whose national law provides for prior art effect of its patents as from a date before publication, but does not equate prior art purposes the priority date claimed under the Paris Convention for the Protection of Industrial Property to the actual filing date in that State, may declare that the filing outside that State of an international application designating that State is not equated to an actual filing in that State for prior art purposes.

(b) Any State making a declaration under subparagraph (a) shall to that extent not be bound by the provisions of Article 11(3).

(c) Any State making a declaration under subparagraph (a) shall, at the same time, state in writing the date from which, and the conditions under which, the prior art effect of any international application designating that State becomes effective in that State. This statement may be modified at any time by notification addressed to the Director General.

(5) Each State may declare that it does not consider itself bound by Article 59. With regard to any dispute between any Contracting State having made such a declaration and any other Contracting State, the provisions of Article 59 shall not apply.

(6)

(a) Any declaration made under this Article shall be made in writing. It may be made at the time of signing this Treaty, at the time of depositing the instrument of ratification or accession, or, except in the case referred to in paragraph (5), at any later time by notification addressed to the Director General. In the case of the said notification, the declaration shall take effect six months after the day on which the Director General has received the notification, and shall not affect international applications filed prior to the expiration of the said six-month period.

(b) Any declaration made under this Article may be withdrawn at any time by notification addressed to the Director General. Such withdrawal shall take effect three months after the day on which the Director General has received the notification and, in the case of the withdrawal of a declaration made under paragraph (3), shall not affect international applications filed prior to the expiration of the said three-month period.

(7) No reservations to this Treaty other than the reservations under paragraph (1) to paragraph (5) are permitted.


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