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)]
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Copyright (C) 1985 World Intellectual Property Organization (WIPO)
patents, intellectual property
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1985-01-01
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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)]
1
2
The Contracting States,
3
Desiring to make a contribution to the progress of science and
technology,
4
Desiring to perfect the legal protection of inventions,
5
Desiring to simplify and render more economical the obtaining of
protection for inventions where protection is sought in several
countries,
6
Desiring to facilitate and accelerate access by the public to the
technical information contained in documents describing new inventions,
7
Desiring to foster and accelerate the economic development of de
veloping countries through the adoption of measures designed to in
crease the efficiency of their legal systems, whether national or re
gional, instituted for the protection of inventions by providing easily
accessible information on the availability of technological solutions
applicable to their special needs and by facilitating access to the
ever expanding volume of modern technology,
8
Convinced that cooperation among nations will greatly facilitate the
attainment of these aims,
9
Have concluded the present Treaty.
10
Introductory Provisions
11
Article 1 - Establishment of a Union
12
(1) The States party to this Treaty (hereinafter called "the
Contracting States") constitute a Union for cooperation in the filing,
searching, and examination, of applications for the protection of
inventions, and for rendering special technical services. The Union
shall be known as the International Patent Cooperation Union.
13
(2) No provision of this Treaty shall be interpreted as diminishing the
rights under the Paris Convention for the Protection of Industrial
Property of any national or resident of any country party to that
Convention.
14
Article 2 - Definitions
15
For the purposes of this Treaty and the Regulations and unless
expressly stated otherwise:
16
(i) "application" means an application for the protection of an
invention; references to an "application" shall be construed as
references to applications for patents for inventions, inventors'
certificates, utility certificates, utility models, patents or
certificates of addition, inventors' certificates of addition, and
utility certificates of addition;
17
(ii) references to a "patent" shall be construed as references to
patents for inventions, inventors' certificates, utility certificates,
utility models, patents or certificates of addition, inventors'
certificates of addition, and utility certificates of addition;
18
(iii) "national patent" means a patent granted by a national authority;
19
(iv) "regional patent" means a patent granted by a national or an
intergovernmental authority having the power to grant patents effective
in more than one State;
20
(v) "regional application" means an application for a regional patent;
21
(vi) references to a "national application" shall be construed as
references to applications for national patents and regional patents,
other than applications filed under this Treaty;
22
(vii) "international application" means an application filed under this
Treaty;
23
(viii) references to an "application" shall be construed as references
to international applications and national applications;
24
(ix) references to a "patent" shall be construed as references to
national patents and regional patents;
25
(x) references to "national law" shall be construed as references to
the national law of a Contracting State or, where a regional
application or a regional patent is involved, to the treaty providing
for the filing of regional applications or the granting of regional
patents;
26
(xi) "priority date," for the purposes of computing time limits, means:
27
(a) where the international application contains a priority claim under
Article 8, the filing date of the application whose priority is so
claimed;
28
(b) where the international application contains several priority
claims under Article 8, the filing date of the earliest application
whose priority is so claimed;
29
(c) where the international application does not contain any priority
claim under Article 8, the international filing date of such
application;
30
(xii) "national Office" means the government authority of a Contracting
State entrusted with the granting of patents; references to a "national
Office" shall be construed as referring also to any intergovernmental
authority which several States have entrusted with the task of granting
regional patents, provided that at least one of those States is a
Contracting State, and provided that the said States have authorized
that authority to assume the obligations and exercise the powers which
this Treaty and the Regulations provide for in respect of national
Offices;
31
(xiii) "designated Office" means the national Office of or acting for
the State designated by the applicant under Chapter I of this Treaty;
32
(xiv) "elected Office" means the national Office of or acting for the
State elected by the applicant under Chapter II of this Treaty;
33
(xv) "receiving Office" means the national Office or the
intergovernmental organization with which the international application
has been filed;
34
(xvi) "Union" means the International Patent Cooperation Union;
35
(xvii) "Assembly" means the Assembly of the Union;
36
(xviii) "Organization" means the World Intellectual Property
Organization;
37
(xix) "International Bureau" means the International Bureau of the
Organization and, as long as it subsists, the United International
Bureaux for the Protection of Intellectual Property (BIRPI);
38
(xx) "Director General" means the Director General of the Organization
and, as long as BIRPI subsists, the Director of BIRPI.
39
Chapter I - International Application and International Search
40
Article 3 - The International Application
41
(1) Applications for the protection of inventions in any of the
Contracting States may be filed as international applications under
this Treaty.
42
(2) An international application shall contain, as specified in this
Treaty and the Regulations, a request, a description, one or more
claims, one or more drawings (where required), and an abstract.
43
(3) The abstract merely serves the purpose of technical informationand
cannot be taken into account for any other purpose, particularly not
for the purpose of interpreting the scope of the protection sought.
44
(4) The international application shall:
45
(i) be in a prescribed language;
46
(ii) comply with the prescribed physical requirements;
47
(iii) comply with the prescribed requirement of unity of invention;
48
(iv) be subject to the payment of the prescribed fees.
49
Article 4 - The Request
50
(1) The request shall contain:
51
(i) a petition to the effect that the international application be
processed according to this Treaty;
52
(ii) the designation of the Contracting State or States in which
protection for the invention is desired on the basis of the
international application ("designated States"); if for any designated
State a regional patent is available and the applicant wishes to obtain
a regional patent rather than a national patent, the request shall so
indicate; if, under a treaty concerning a regional patent, the
applicant cannot limit his application to certain of the States party
to that treaty, designation of one of those States and the indication
of the wish to obtain the regional patent shall be treated as
designation of all the States party to that treaty; if, under the
national law of the designated State, the designation of that State has
the effect of an application for a regional patent, the designation of
the said State shall be treated as an indication of the wish to obtain
the regional patent;
53
(iii) the name of and other prescribed data concerning the applicant
and the agent (if any);
54
(iv) the title of the invention;
55
(v) the name of and other prescribed data concerning the inventor where
the national law of at least one of the designated States requires that
these indications be furnished at the time of filing a national
application. Otherwise, the said indications may be furnished either in
the request or in separate notices addressed to each designated Office
whose national law requires the furnishing of the said indications but
allows that they be furnished at a time later than that of the filing
of a national application.
56
(2) Every designation shall be subject to the payment of the prescribed
fee within the prescribed time limit.
57
(3) Unless the applicant asks for any of the other kinds of protection
referred to in Article 43, designation shall mean that the desired
protection consists of the grant of a patent by or for the designated
State. For the purposes of this paragraph, Article 2(ii) shall not
apply.
58
(4) Failure to indicate in the request the name and other pre scribed
data concerning the inventor shall have no consequence in any
designated State whose national law requires the furnishing of the said
indications but allows that they be furnished at a time later than that
of the filing of a national application. Failure to furnish the said
indications in a separate notice shall have no consequence in any
designated State whose national law does not require the furnishing of
the said indications.
59
Article 5 - The Description
60
The description shall disclose the invention in a manner sufficiently
clear and complete for the invention to be carried out by a person
skilled in the art.
61
Article 6 - The Claims
62
The claim or claims shall define the matter for which protection is
sought. Claims shall be clear and concise. They shall be fully
supported by the description.
63
Article 7 - The Drawings
64
(1) Subject to the provisions of paragraph (2)(ii), drawings shall be
required when they are necessary for the understanding of the
invention.
65
(2) Where, without being necessary for the understanding of the
invention, the nature of the invention admits of illustration by
drawings:
66
(i) the applicant may include such drawings in the international
application when filed,
67
(ii) any designated Office may require that the applicant file such
drawings with it within the prescribed time limit.
68
Article 8 - Claiming Priority
69
(1) The international application may contain a declaration, as
prescribed in the Regulations, claiming the priority of one or more
earlier applications filed in or for any country party to the Paris
Convention for the Protection of Industrial Property. (2)
70
(a) Subject to the provisions of subparagraph (b), the conditions for,
and the effect of, any priority claim declared under paragraph (1)
shall be as provided in Article 4 of the Stockholm Act of the Paris
Convention for the Protection of Industrial Property.
71
(b) The international application for which the priority of one or more
earlier applications filed in or for a Contracting State is claimed may
contain the designation of that State. Where, in the international
application, the priority of one or more national applications filed in
or for a designated State is claimed, or where the priority of an
international application having designated only one State is claimed,
the conditions for, and the effect of, the priority claim in that State
shall be governed by the national law of that State.
72
Article 9 - The Applicant
73
(1) Any resident or national of a Contracting State may file an
international application.
74
(2) The Assembly may decide to allow the residents and the nationals of
any country party to the Paris Convention for the Protection of
Industrial Property which is not party to this Treaty to file
international applications.
75
(3) The concepts of residence and nationality, and the application of
those concepts in cases where there are several applicants or where the
applicants are not the same for all the designated States, are defined
in the Regulations.
76
Article 10 - The Receiving Office
77
The international application shall be filed with the prescribed
receiving Office, which will check and process it as provided in this
Treaty and the Regulations.
78
Article 11 - Filing Date and Effects of the International Application
79
(1) The receiving Office shall accord as the international filing date
the date of receipt of the international application, provided that
that Office has found that, at the time of receipt:
80
(i) the applicant does not obviously lack, for reasons of residence or
nationality, the right to file an international application with the
receiving Office,
81
(ii) the international application is in the prescribed language,
82
(iii) the international application contains at least the following
elements:
83
(a) an indication that it is intended as an international application,
84
(b) the designation of at least one Contracting State,
85
(c) the name of the applicant, as prescribed,
86
(d) a part which on the face of it appears to be a description,
87
(e) a part which on the face of it appears to be a claim or claims. (2)
88
(a) If the receiving Office finds that the international application
did not, at the time of receipt, fulfill the requirements listed in
paragraph (1), it shall, as provided in the Regulations, invite the
applicant to file the required correction.
89
(b) If the applicant complies with the invitation, as provided in the
Regulations, the receiving Office shall accord as the international
filing date the date of receipt of the required correction.
90
(3) Subject to Article 64(4), any international application fulfilling
the requirements listed in items (i) to (iii) of paragraph (1) and
accorded an international filing date shall have the effect of a
regular national application in each designated State as of the
international filing date, which date shall be considered to be the
actual filing date in each designated State.
91
(4) Any international application fulfilling the requirements listed in
items (i) to (iii) of paragraph (1) shall be equivalent to a regular
national filing within the meaning of the Paris Convention for the
Protection of Industrial Property.
92
Article 12 - Transmittal of the International Application to the
International Bureau and the International Searching Authority
93
(1) One copy of the international application shall be kept by the
receiving Office ("home copy"), one copy ("record copy") shall be
transmitted to the International Bureau, and another copy ("search
copy") shall be transmitted to the competent International Searching
Authority referred to in Article 16, as provided in the Regulations.
94
(2) The record copy shall be considered the true copy of the
international application.
95
(3) The international application shall be considered withdrawn if the
record copy has not been received by the International Bureau within
the prescribed time limit.
96
Article 13 - Availability of Copy of the International Application to
Designated Offices
97
(1) Any designated Office may ask the International Bureau to transmit
to it a copy of the international application prior to the
communication provided for in Article 20, and the International Bureau
shall transmit such copy to the designated Office as soon as possible
after the expiration of one year from the priority date.
98
(2)
99
(a) The applicant may, at any time, transmit a copy of his
international application to any designated Office.
100
(b) The applicant may, at any time, ask the International Bureau to
transmit a copy of his international application to any designated
Office, and the International Bureau shall transmit such copy to the
designated Office as soon as possible.
101
(c) Any national Office may notify the International Bureau that it
does not wish to receive copies as provided for in subparagraph (b), in
which case that subparagraph shall not be applicable in respect of that
Office.
102
Article 14 - Certain Defects in the International Application
103
(1)
104
(a) The receiving Office shall check whether the international
application contains any of the following defects, that is to say:
105
(i) it is not signed as provided in the Regulations;
106
(ii) it does not contain the prescribed indications concerning the
applicant;
107
(iii) it does not contain a title;
108
(iv) it does not contain an abstract;
109
(v) it does not comply to the extent provided in the Regulations with
the prescribed physical requirements.
110
(b) If the receiving Office finds any of the said defects, it shall
invite the applicant to correct the international application within
the prescribed time limit, failing which that application shall be
considered withdrawn and the receiving Office shall so declare.
111
(2) If the international application refers to drawings which, in fact,
are not included in that application, the receiving Office shall notify
the applicant accordingly and he may furnish them within the prescribed
time limit and, if he does, the international filing date shall be the
date on which the drawings are received by the receiving Office.
Otherwise, any reference to the said drawings shall be considered
non-existent.
112
(3)
113
(a) If the receiving Office finds that, within the prescribed time
limits, the fees prescribed under Article 3(4)(iv) have not been paid,
or no fee prescribed under Article 4(2) has been paid in respect of any
of the designated States, the international application shall be
considered withdrawn and the receiving Office shall so declare.
114
(b) If the receiving Office finds that the fee prescribed under Article
4(2) has been paid in respect of one or more (but less than all)
designated States within the prescribed time limit, the designation of
those States in respect of which it has not been paid within the
prescribed time limit shall be considered withdrawn and the receiving
Office shall so declare.
115
(4) If, after having accorded an international filing date to the
international application, the receiving Office finds, within the
prescribed time limit, that any of the requirements listed in items (i)
to (iii) of Article 11(1) was not complied with at that date, the said
application shall be considered withdrawn and the receiving Office
shall so declare.
116
Article 15 - The International Search
117
(1) Each international application shall be the subject of
international search.
118
(2) The objective of the international search is to discover relevant
prior art.
119
(3) International search shall be made on the basis of the claims, with
due regard to the description and the drawings (if any).
120
(4) The International Searching Authority referred to in Article 16
shall endeavor to discover as much of the relevant prior art as its
facilities permit, and shall, in any case, consult the documentation
specified in the Regulations.
121
(5)
122
(a) If the national law of the Contracting State so permits, the
applicant who files a national application with the national Office of
or acting for such State may, subject to the conditions provided for in
such law, request that a search similar to an international search
("international-type search") be carried out on such application.
123
(b) If the national law of the Contracting State so permits, the
national Office of or acting for such State may subject any national
application filed with it to an international-type search.
124
(c) The international-type search shall be carried out by the
International Searching Authority referred to in Article 16 which would
be competent for an international search if the national application
were an international application and were filed with the Office
referred to in subparagraph (a) and subparagraph (b). If the national
application is in a language which the International Searching
Authority considers it is not equipped to handle, the
international-type search shall be carried out on a translation
prepared by the applicant in a language prescribed for international
applications and which the International Searching Authority has
undertaken to accept for international applications. The national
application and the translation, when required, shall be presented in
the form prescribed for international applications.
125
Article 16 - The International Searching Authority
126
(1) International search shall be carried out by an International
Searching Authority, which may be either a national Office or an
intergovernmental organization, such as the International Patent
Institute, whose tasks include the establishing of documentary search
reports on prior art with respect to inventions which are the subject
of applications.
127
(2) If, pending the establishment of a single International Searching
Authority, there are several International Searching Authorities, each
receiving Office shall, in accordance with the provisions of the
applicable agreement referred to in paragraph (3)(b), specify the
International Searching Authority or Authorities competent for the
searching of international applications filed with such Office.
128
(3)
129
(a) International Searching Authorities shall be appointed by the
Assembly. Any national Office and any intergovernmental organization
satisfying the requirements referred to in subparagraph (c) may be
appointed as International Searching Authority.
130
(b) Appointment shall be conditional on the consent of the national
Office or intergovernmental organization to be appointed and the
conclusion of an agreement, subject to approval by the Assembly,
between such Office or organization and the International Bureau. The
agreement shall specify the rights and obligations of the parties, in
particular, the formal undertaking by the said Office or organization
to apply and observe all the common rules of international search.
131
(c) The Regulations prescribe the minimum requirements, particularly as
to manpower and documentation, which any Office or organization must
satisfy before it can be appointed and must continue to satisfy while
it remains appointed.
132
(d) Appointment shall be for a fixed period of time and may be extended
for further periods.
133
(e) Before the Assembly makes a decision on the appointment of any
national Office or intergovernmental organization, or on the extension
of its appointment, or before it allows any such appointment to lapse,
the Assembly shall hear the interested Office or organization and seek
the advice of the Committee for Technical Cooperation referred to in
Article 56 once that Committee has been established.
134
Article 17 - Procedure before the International Searching Authority
135
(1) Procedure before the International Searching Authority shall be
governed by the provisions of this Treaty, the Regulations, and the
agreement which the International Bureau shall conclude, subject to
this Treaty and the Regulations, with the said Authority.
136
(2)
137
(a) If the International Searching Authority considers
138
(i) that the international application relates to a subject matter
which the International Searching Authority is not required, under the
Regulations, to search, and in the particular case decides not to
search, or
139
(ii) that the description, the claims, or the drawings, fail to comply
with the prescribed requirements to such an extent that a meaningful
search could not be carried out, the said Authority shall so declare
and shall notify the applicant and the International Bureau that no
international search report will be established.
140
(b) If any of the situations referred to in subparagraph (a) is found
to exist in connection with certain claims only, the international
search report shall so indicate in respect of such claims, whereas, for
the other claims, the said report shall be established as provided in
Article 18.
141
(3)
142
(a) If the International Searching Authority considers that the
international application does not comply with the requirement of unity
of invention as set forth in the Regulations, it shall invite the
applicant to pay additional fees. The International Searching Authority
shall establish the international search report on those parts of the
international application which relate to the invention first mentioned
in the claims ("main invention") and, provided the required additional
fees have been paid within the prescribed time limit, on those parts of
the international application which relate to inventions in respect of
which the said fees were paid.
143
(b) The national law of any designated State may provide that, where
the national Office of that State finds the invitation, referred to in
subparagraph (a), of the International Searching Authority justified
and where the applicant has not paid all additional fees, those parts
of the international application which consequently have not been
searched shall, as far as effects in that State are concerned, be
considered withdrawn unless a special fee is paid by the applicant to
the national Office of that State.
144
Article 18 - The International Search Report
145
(1) The international search report shall be established within the
prescribed time limit and in the prescribed form.
146
(2) The international search report shall, as soon as it has been
established, be transmitted by the International Searching Authority to
the applicant and the International Bureau.
147
(3) The international search report or the declaration referred to in
Article 17(2)(a) shall be translated as provided in the Regulations.
The translations shall be prepared by or under the responsibility of
the International Bureau.
148
Article 19 - Amendment of the Claims before the International Bureau
149
(1) The applicant shall, after having received the international search
report, be entitled to one opportunity to amend the claims of the
international application by filing amendments with the International
Bureau within the prescribed time limit. He may, at the same time, file
a brief statement, as provided in the Regulations, explaining the
amendments and indicating any impact that such amendments might have on
the description and the drawings.
150
(2) The amendments shall not go beyond the disclosure in the
international application as filed.
151
(3) If the national law of any designated State permits amend ments to
go beyond the said disclosure, failure to comply with paragraph (2)
shall have no consequence in that State.
152
Article 20 - Communication to Designated Offices
153
(1)
154
(a) The international application, together with the international
search report (including any indication referred to in Article
17(2)(b)) or the declaration referred to in Article 17(2)(a), shall be
communicated to each designated Office, as provided in the Regulations,
unless the designated Office waives such requirement in its entirety or
in part.
155
(b) The communication shall include the translation (as prescribed) of
the said report or declaration.
156
(2) If the claims have been amended by virtue of Article 19(1), the
communication shall either contain the full text of the claims both as
filed and as amended or shall contain the full text of the claims as
filed and specify the amendments, and shall include the statement, if
any, referred to in Article 19(1).
157
(3) At the request of the designated Office or the applicant, the
International Searching Authority shall send to the said Office or the
applicant, respectively, copies of the documents cited in the
international search report, as provided in the Regulations.
158
Article 21 - International Publication
159
(1) The International Bureau shall publish international applications.
160
(2)
161
(a) Subject to the exceptions provided for in subparagraph (b) and in
Article 64(3), the international publication of the international
application shall be effected promptly after the expiration of 18
months from the priority date of that application.
162
(b) The applicant may ask the International Bureau to publish his
international application any time before the expiration of the time
limit referred to in subparagraph (a). The International Bureau shall
proceed accordingly, as provided in the Regulations.
163
(3) The international search report or the declaration referred to in
Article 17(2)(a) shall be published as prescribed in the Regulations.
164
(4) The language and form of the international publication and other
details are governed by the Regulations.
165
(5) There shall be no international publication if the international
application is withdrawn or is considered withdrawn before the
technical preparations for publication have been completed.
166
(6) If the international application contains expressions or drawings
which, in the opinion of the International Bureau, are contrary to
morality or public order, or if, in its opinion, the international
application contains disparaging statements as defined in the
Regulations, it may omit such expressions, drawings, and statements,
from its publications, indicating the place and number of words or
drawings omitted, and furnishing, upon request, individual copies of
the passages omitted.
167
Article 22 - Copy, Translation, and Fee, to Designated Offices
168
(1) The applicant shall furnish a copy of the international application
(unless the communication provided for in Article 20 has already taken
place) and a translation thereof (as prescribed), and pay the national
fee (if any), to each designated Office not later than at the
expiration of 20 months from the priority date. Where the national law
of the designated State requires the indication of the name of and
other prescribed data concerning the inventor but allows that these
indications be furnished at a time later than that of the filing of a
national application, the applicant shall, unless they were contained
in the request, furnish the said indications to the national Office of
or acting for the State not later than at the expiration of 20 months
from the priority date.
169
(2)* Where the International Searching Authority makes a declaration,
under Article 17(2)(a), that no international search report will be
established, the time limit for performing the acts referred to in
paragraph (1) of this Article shall be the same as that provided for in
paragraph (1).*
170
The text of Article 22(2) ("Notwithstanding the provisions of paragraph
(1), where the International Searching Authority makes a declaration,
under Article 17(2)(a), that no international search report will be
established, the time limit for performing the acts referred to in
paragraph (1) of this Article shall be two months from the date of the
notification sent to the applicant of the said declaration.") 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 that time
limit is incompatible with the national law applied by the designated
Office, a time limit of two months from the date of the notification
sent to the applicant of the said declaration shall, during that
transitory period, apply with respect to that designated 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."
171
(3) Any national law may, for performing the acts referred to in
paragraph (1) or paragraph (2), fix time limits which expire later than
the time limit provided for in those paragraphs.
172
Article 23 - Delaying of National Procedure
173
(1) No designated Office shall process or examine the international
application prior to the expiration of the applicable time limit under
Article 22.
174
(2) Notwithstanding the provisions of paragraph (1), any designated
Office may, on the express request of the applicant, process or examine
the international application at any time.
175
Article 24 - Possible Loss of Effect in Designated States
176
(1) Subject, in case (ii) below, to the provisions of Article 25, the
effect of the international application provided for in Article 11(3)
shall cease in any designated State with the same consequences as the
withdrawal of any national application in that State:
177
(i) if the applicant withdraws his international application or the
designation of that State;
178
(ii) if the international application is considered withdrawn by virtue
of Article 12(3), Article 14(1)(b), Article 14(3)(a), or Article 14(4),
or if the designation of that State is considered withdrawn by virtue
of Article 14(3)(b);
179
(iii) if the applicant fails to perform the acts referred to in Article
22 within the applicable time limit.
180
(2) Notwithstanding the provisions of paragraph (1), any designated
Office may maintain the effect provided for in Article 11(3) even where
such effect is not required to be maintained by virtue of Article
25(2).
181
Article 25 - Review by Designated Offices
182
(1)
183
(a) Where the receiving Office has refused to accord an international
filing date or has declared that the international application is
considered withdrawn, or where the International Bureau has made a
finding under Article 12(3), the International Bureau shall promptly
send, at the request of the applicant, copies of any document in the
file to any of the designated Offices named by the applicant.
184
(b) Where the receiving Office has declared that the designation of any
given State is considered withdrawn, the International Bureau shall
promptly send, at the request of the applicant, copies of any document
in the file to the national Office of such State.
185
(c) The request under subparagraph (a) or subparagraph (b) shall be
presented within the prescribed time limit.
186
(2)
187
(a) Subject to the provisions of subparagraph (b), each designated
Office shall, provided that the national fee (if any) has been paid and
the appropriate translation (as prescribed) has been furnished within
the prescribed time limit, decide whether the refusal, declaration, or
finding, referred to in paragraph (1) was justified under the
provisions of this Treaty and the Regulations, and, if it finds that
the refusal or declaration was the result of an error or omission on
the part of the receiving Office or that the finding was the result of
an error or omission on the part of the International Bureau, it shall,
as far as effects in the State of the designated Office are concerned,
treat the international application as if such error or omission had
not occurred.
188
(b) Where the record copy has reached the International Bureau after
the expiration of the time limit prescribed under Article 12(3) on
account of any error or omission on the part of the applicant, the
provisions of subparagraph (a) shall apply only under the circumstances
referred to in Article 48(2).
189
Article 26 - Opportunity to Correct before Designated Offices
190
No designated Office shall reject an international application on the
grounds of non-compliance with the requirements of this Treaty and the
Regulations without first giving the applicant the opportunity to
correct the said application to the extent and according to the
procedure provided by the national law for the same or comparable
situations in respect of national applications.
191
Article 27 - National Requirements
192
(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.
193
(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:
194
(i) when the applicant is a legal entity, of the name of an officer
entitled to represent such legal entity,
195
(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.
196
(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.
197
(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.
198
(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.
199
(6) The national law may require that the applicant furnish evidence in
respect of any substantive condition of patentability prescribed by
such law.
200
(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.
201
(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.
202
Article 28 - Amendment of the Claims, the Description, and the
Drawings, before Designated Offices
203
(1) The applicant shall be given the opportunity to amend the claims,
the description, and the drawings, before each designated Office within
the prescribed time limit. No designated Office shall grant a patent,
or refuse the grant of a patent, before such time limit has expired
except with the express consent of the applicant.
204
(2) The amendments shall not go beyond the disclosure in the
international application as filed unless the national law of the
designated State permits them to go beyond the said disclosure.
205
(3) The amendments shall be in accordance with the national law of the
designated State in all respects not provided for in this Treaty and
the Regulations.
206
(4) Where the designated Office requires a translation of the
international application, the amendments shall be in the language of
the translation.
207
Article 29 - Effects of the International Publication
208
(1) As far as the protection of any rights of the applicant in a
designated State is concerned, the effects, in that State, of the
international publication of an international application shall,
subject to the provisions of paragraph (2) to paragraph (4), be the
same as those which the national law of the designated State provides
for the compulsory national publication of unexamined national
applications as such.
209
(2) If the language in which the international publication has been
effected is different from the language in which publications under the
national law are effected in the designated State, the said national
law may provide that the effects provided for in paragraph (1) shall be
applicable only from such time as:
210
(i) a translation into the latter language has been published as
provided by the national law, or
211
(ii) a translation into the latter language has been made available to
the public, by laying open for public inspection as provided by the
national law, or
212
(iii) a translation into the latter language has been transmitted by
the applicant to the actual or prospective unauthorized user of the
invention claimed in the international application, or
213
(iv) both the acts described in subparagraph (i) and subparagraph
(iii), or both the acts described in subparagraph (ii) and subparagraph
(iii), have taken place.
214
(3) The national law of any designated State may provide that, where
the international publication has been effected, on the request of the
applicant, before the expiration of 18 months from the priority date,
the effects provided for in paragraph (1) shall be applicable only from
the expiration of 18 months from the priority date.
215
(4) The national law of any designated State may provide that the
effects provided for in paragraph (1) shall be applicable only from the
date on which a copy of the international application as published
under Article 21 has been received in the national Office of or acting
for such State. The said Office shall publish the date of receipt in
its gazette as soon as possible.
216
Article 30 - Confidential Nature of the International Application
217
(1) (a) Subject to the provisions of subparagraph (b), the
International Bureau and the International Searching Authorities shall
not allow access by any person or authority to the international
application before the international publication of that application,
unless requested or authorized by the applicant.
218
(b) The provisions of subparagraph (a) shall not apply to any
transmittal to the competent International Searching Authority, to
transmittals provided for under Article 13, and to communications
provided for under Article 20.
219
(2)
220
(a) No national Office shall allow access to the international
application by third parties, unless requested or authorized by the
applicant, before the earliest of the following dates:
221
(i) date of the international publication of the international
application,
222
(ii) date of the receipt of the communication of the international
application under Article 20,
223
(iii) date of the receipt of a copy of the international application
under Article 22.
224
(b) The provisions of subparagraph (a) shall not prevent any national
Office from informing third parties that it has been designated, or
from publishing that fact. Such information or publication may,
however, contain only the following data: identification of the
receiving Office, name of the applicant, international filing date,
international application number, and title of the invention.
225
(c) The provisions of subparagraph (a) shall not prevent any designated
Office from allowing access to the international application for the
purposes of the judicial authorities.
226
(3) The provisions of paragraph (2)(a) shall apply to any receiving
Office except as far as transmittals provided for under Article 12(1)
are concerned.
227
(4) For the purposes of this Article, the term "access" covers any
means by which third parties may acquire cognizance, including
individual communication and general publication, provided, however,
that no national Office shall generally publish an international
application or its translation before the international publication or,
if international publication has not taken place by the expiration of
20 months from the priority date, before the expiration of 20 months
from the said priority date.
228
Chapter II - International Preliminary Examination
229
Article 31 - Demand for International Preliminary Examination
230
(1) On the demand of the applicant, his international application shall
be the subject of an international preliminary examination as provided
in the following provisions and the Regulations.
231
(2)
232
(a) Any applicant who is a resident or national, as defined in the
Regulations, of a Contracting State bound by Chapter II, and whose
international application has been filed with the receiving Office of
or acting for such State, may make a demand for international
preliminary examination.
233
(b) The Assembly may decide to allow persons entitled to file
international applications to make a demand for international
preliminary examination even if they are residents or nationals of a
State not party to this Treaty or not bound by Chapter II.
234
(3) The demand for international preliminary examination shall be made
separately from the international application. The demand shall contain
the prescribed particulars and shall be in the prescribed language and
form.
235
(4)
236
(a) The demand shall indicate the Contracting State or States in which
the applicant intends to use the results of the international
preliminary examination ("elected States"). Additional Contracting
States may be elected later. Election may relate only to Contracting
States already designated under Article 4.
237
(b) Applicants referred to in paragraph (2)(a) may elect any
Contracting State bound by Chapter II. Applicants referred to in
paragraph (2)(b) may elect only such Contracting States bound by
Chapter II as have declared that they are prepared to be elected by
such applicants.
238
(5) The demand shall be subject to the payment of the prescribed fees
within the prescribed time limit.
239
(6) (a) The demand shall be submitted to the competent Interna tional
Preliminary Examining Authority referred to in Article 32. (b) Any
later election shall be submitted to the International Bureau.
240
(7) Each elected Office shall be notified of its election.
241
Article 32 - The International Preliminary Examining Authority
242
(1) International preliminary examination shall be carried out by the
International Preliminary Examining Authority.
243
(2) In the case of demands referred to in Article 31(2)(a), the
receiving Office, and, in the case of demands referred to in Article
31(2)(b), the Assembly, shall, in accordance with the applicable
agreement between the interested International Preliminary Examining
Authority or Authorities and the International Bureau, specify the
International Preliminary Examining Authority or Authorities competent
for the preliminary examination.
244
(3) The provisions of Article 16(3) shall apply, mutatis mutandis, in
respect of International Preliminary Examining Authorities.
245
Article 33 - The International Preliminary Examination
246
(1) The objective of the international preliminary examination is to
formulate a preliminary and nonÂbinding opinion on the questions
whether the claimed invention appears to be novel, to involve an
inventive step (to be nonÂobvious), and to be industrially applicable.
247
(2) For the purposes of the international preliminary examination, a
claimed invention shall be considered novel if it is not anticipated by
the prior art as defined in the Regulations.
248
(3) For the purposes of the international preliminary examination, a
claimed invention shall be considered to involve an inventive step if,
having regard to the prior art as defined in the Regulations, it is
not, at the prescribed relevant date, obvious to a person skilled in
the art.
249
(4) For the purposes of the international preliminary examination, a
claimed invention shall be considered industrially applicable if,
according to its nature, it can be made or used (in the technological
sense) in any kind of industry. "Industry" shall be understood in its
broadest sense, as in the Paris Convention for the Protection of
Industrial Property.
250
(5) The criteria described above merely serve the purposes of
international preliminary examination. Any Contracting State may apply
additional or different criteria for the purpose of deciding whether,
in that State, the claimed invention is patentable or not.
251
(6) The international preliminary examination shall take into
consideration all the documents cited in the international search
report. It may take into consideration any additional documents
considered to be relevant in the particular case.
252
Article 34 - Procedure before the International Preliminary Examining
Authority
253
(1) Procedure before the International Preliminary Examining Authority
shall be governed by the provisions of this Treaty, the Regulations,
and the agreement which the International Bureau shall conclude,
subject to this Treaty and the Regulations, with the said Au thority.
254
(2)
255
(a) The applicant shall have a right to communicate orally and in
writing with the International Preliminary Examining Authority.
256
(b) The applicant shall have a right to amend the claims, the
description, and the drawings, in the prescribed manner and within the
prescribed time limit, before the international preliminary examination
report is established. The amendment shall not go beyond the disclosure
in the international application as filed.
257
(c) The applicant shall receive at least one written opinion from the
International Preliminary Examining Authority unless such Authority
considers that all of the following conditions are fulfilled:
258
(i) the invention satisfies the criteria set forth in Article 33(1),
259
(ii) the international application complies with the requirements of
this Treaty and the Regulations in so far as checked by that Authority,
260
(iii) no observations are intended to be made under Article 35(2), last
sentence.
261
(d) The applicant may respond to the written opinion.
262
(3)
263
(a) If the International Preliminary Examining Authority con siders
that the international application does not comply with the requirement
of unity of invention as set forth in the Regulations, it may invite
the applicant, at his option, to restrict the claims so as to comply
with the requirement or to pay additional fees.
264
(b) The national law of any elected State may provide that, where the
applicant chooses to restrict the claims under subparagraph (a), those
parts of the international application which, as a consequence of the
restriction, are not to be the subject of international preliminary
examination shall, as far as effects in that State are concerned, be
considered withdrawn unless a special fee is paid by the applicant to
the national Office of that State.
265
(c) If the applicant does not comply with the invitation referred to in
subparagraph (a) within the prescribed time limit, the International
Preliminary Examining Authority shall establish an international
preliminary examination report on those parts of the international
application which relate to what appears to be the main invention and
shall indicate the relevant facts in the said report. The national law
of any elected State may provide that, where its national Office finds
the invitation of the International Preliminary Examining Authority
justified, those parts of the international application which do not
relate to the main invention shall, as far as effects in that State are
concerned, be considered withdrawn unless a special fee is paid by the
applicant to that Office.
266
(4) (a) If the International Preliminary Examining Authority considers
267
(i) that the international application relates to a subject matter on
which the International Preliminary Examining Authority is not
required, under the Regulations, to carry out an international
preliminary examination, and in the particular case decides not to
carry out such examination, or
268
(ii) that the description, the claims, or the drawings, are so unclear,
or the claims are so inadequately supported by the description, that no
meaningful opinion can be formed on the novelty, inventive step
(non-obvious ness), or industrial applicability, of the claimed
invention, the said Authority shall not go into the questions referred
to in Article 33(1) and shall inform the applicant of this opinion and
the reasons therefor.
269
(b) If any of the situations referred to in subparagraph (a) is found
to exist in, or in connection with, certain claims only, the provisions
of that subparagraph shall apply only to the said claims.
270
Article 35 - The International Preliminary Examination Report
271
(1) The international preliminary examination report shall be
established within the prescribed time limit and in the prescribed
form.
272
(2) The international preliminary examination report shall not contain
any statement on the question whether the claimed invention is or seems
to be patentable or unpatentable according to any national law. It
shall state, subject to the provisions of paragraph (3), in relation to
each claim, whether the claim appears to satisfy the criteria of
novelty, inventive step (non-obviousness), and industrial
applicability, as defined for the purposes of the international
preliminary examination in Article 33(1) to Article 33(4). The
statement shall be accompanied by the citation of the documents
believed to support the stated conclusion with such explanations as the
circumstances of the case may require. The statement shall also be
accompanied by such other observations as the Regulations provide for.
273
(3)
274
(a) If, at the time of establishing the international preliminary
examination report, the International Preliminary Examining Authority
considers that any of the situations referred to in Article 34(4)(a)
exists, that report shall state this opinion and the reasons therefor.
It shall not contain any statement as provided in paragraph (2).
275
(b) If a situation under Article 34(4)(b) is found to exist, the
international preliminary examination report shall, in relation to the
claims in question, contain the statement as provided in subparagraph
(a), whereas, in relation to the other claims, it shall contain the
statement as provided in paragraph (2).
276
Article 36 - Transmittal, Translation, and Communication, of the
International Preliminary Examination Report
277
(1) The international preliminary examination report, together with the
prescribed annexes, shall be transmitted to the applicant and to the
International Bureau.
278
(2)
279
(a) The international preliminary examination report and its annexes
shall be translated into the prescribed languages.
280
(b) Any translation of the said report shall be prepared by or under
the responsibility of the International Bureau, whereas any translation
of the said annexes shall be prepared by the applicant.
281
(3)
282
(a) The international preliminary examination report, together with its
translation (as prescribed) and its annexes (in the original language),
shall be communicated by the International Bureau to each elected
Office.
283
(b) The prescribed translation of the annexes shall be transmitted
within the prescribed time limit by the applicant to the elected
Offices.
284
(4) The provisions of Article 20(3) shall apply, mutatis mutandis, to
copies of any document which is cited in the international preliminary
examination report and which was not cited in the international search
report.
285
Article 37 - Withdrawal of Demand or Election
286
(1) The applicant may withdraw any or all elections.
287
(2) If the election of all elected States is withdrawn, the demand
shall be considered withdrawn.
288
(3)
289
(a) Any withdrawal shall be notified to the International Bureau.
290
(b) The elected Offices concerned and the International Preliminary
Examining Authority concerned shall be notified accordingly by the
International Bureau.
291
(4)
292
(a) Subject to the provisions of subparagraph (b), withdrawal of the
demand or of the election of a Contracting State shall, unless the
national law of that State provides otherwise, be considered to be
withdrawal of the international application as far as that State is
concerned.
293
(b) Withdrawal of the demand or of the election shall not be considered
to be withdrawal of the international application if such withdrawal is
effected prior to the expiration of the applicable time limit under
Article 22; however, any Contracting State may provide in its national
law that the aforesaid shall apply only if its national Office has
received, within the said time limit, a copy of the international
application, together with a translation (as prescribed), and the
national fee.
294
Article 38 - Confidential Nature of the International Preliminary
Examination
295
(1) Neither the International Bureau nor the International Preliminary
Examining Authority shall, unless requested or authorized by the
applicant, allow access within the meaning, and with the proviso, of
Article 30(4) to the file of the international preliminary examination
by any person or authority at any time, except by the elected Offices
once the international preliminary examination report has been
established.
296
(2) Subject to the provisions of paragraph (1) and Article 36(1) and
Article 36(3) and Article 37(3)(b), neither the International Bureau
nor the International Preliminary Examining Authority shall, unless
requested or authorized by the applicant, give information on the
issuance or non issuance of an international preliminary examination
report and on the withdrawal or nonwithdrawal of the demand or of any
election.
297
Article 39 - Copy, Translation, and Fee, to Elected Offices
298
(1)
299
(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."
300
(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.
301
(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).
302
(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).
303
Article 40 - Delaying of National Examination and Other Processing
304
(1) 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 23 shall not apply to such State and the national Office of
or acting for that State shall not proceed, subject to the provisions
of paragraph (2), to the examination and other processing of the
international application prior to the expiration of the applicable
time limit under Article 39.
305
(2) Notwithstanding the provisions of paragraph (1), any elected Office
may, on the express request of the applicant, proceed to the
examination and other processing of the international application at
any time.
306
Article 41 - Amendment of the Claims, the Description, and the
Drawings, before Elected Offices
307
(1) The applicant shall be given the opportunity to amend the claims,
the description, and the drawings, before each elected Office within
the prescribed time limit. No elected Office shall grant a patent, or
refuse the grant of a patent, before such time limit has expired,
except with the express consent of the applicant.
308
(2) The amendments shall not go beyond the disclosure in the
international application as filed, unless the national law of the
elected State permits them to go beyond the said disclosure.
309
(3) The amendments shall be in accordance with the national law of the
elected State in all respects not provided for in this Treaty and the
Regulations.
310
(4) Where an elected Office requires a translation of the international
application, the amendments shall be in the language of the
translation.
311
Article 42 - Results of National Examination in Elected Offices
312
No elected Office receiving the international preliminary examination
report may require that the applicant furnish copies, or information on
the contents, of any papers connected with the examination relating to
the same international application in any other elected Office.
313
Chapter III - Common Provisions
314
Article 43 - Seeking Certain Kinds of Protection
315
In respect of any designated or elected State whose law provides for
the grant of inventors' certificates, utility certificates, utility
models, patents or certificates of addition, inventors' certificates of
addition, or utility certificates of addition, the applicant may
indicate, as prescribed in the Regulations, that his international
application is for the grant, as far as that State is concerned, of an
inventor's certificate, a utility certificate, or a utility model,
rather than a patent, or that it is for the grant of a patent or
certificate of addition, an inventor's certificate of addition, or a
utility certificate of addition, and the ensuing effect shall be
governed by the applicant's choice. For the purposes of this Article
and any Rule thereunder, Article 2(ii) shall not apply.
316
Article 44 - Seeking Two Kinds of Protection
317
In respect of any designated or elected State whose law permits an
application, while being for the grant of a patent or one of the other
kinds of protection referred to in Article 43, to be also for the grant
of another of the said kinds of protection, the applicant may indicate,
as prescribed in the Regulations, the two kinds of protection he is
seeking, and the ensuing effect shall be governed by the applicant's
indications. For the purposes of this Article, Article 2(ii) shall not
apply.
318
Article 45 - Regional Patent Treaties
319
(1) Any treaty providing for the grant of regional patents ("regional
patent treaty"), and giving to all persons who, according to Article 9,
are entitled to file international applications the right to file
applications for such patents, may provide that international
applications designating or electing a State party to both the regional
patent treaty and the present Treaty may be filed as applications for
such patents.
320
(2) The national law of the said designated or elected State may
provide that any designation or election of such State in the
international application shall have the effect of an indication of the
wish to obtain a regional patent under the regional patent treaty.
321
Article 46 - Incorrect Translation of the International Application
322
If, because of an incorrect translation of the international
application, the scope of any patent granted on that application
exceeds the scope of the international application in its original
language, the competent authorities of the Contracting State concerned
may accordingly and retroactively limit the scope of the patent, and
declare it null and void to the extent that its scope has exceeded the
scope of the international application in its original language.
323
Article 47 - Time Limits
324
(1) The details for computing time limits referred to in this Treaty
are governed by the Regulations.
325
(2)
326
(a) All time limits fixed in Chapters I and II of this Treaty may,
outside any revision under Article 60, be modified by a decision of the
Contracting States.
327
(b) Such decisions shall be made in the Assembly or through voting by
correspondence and must be unanimous.
328
(c) The details of the procedure are governed by the Regulations.
329
Article 48 - Delay in Meeting Certain Time Limits
330
(1) Where any time limit fixed in this Treaty or the Regulations is not
met because of interruption in the mail service or unavoidable loss or
delay in the mail, the time limit shall be deemed to be met in the
cases and subject to the proof and other conditions prescribed in the
Regulations.
331
(2)
332
(a) Any Contracting State shall, as far as that State is concerned,
excuse, for reasons admitted under its national law, any delay in
meeting any time limit.
333
(b) Any Contracting State may, as far as that State is concerned,
excuse, for reasons other than those referred to in subparagraph (a),
any delay in meeting any time limit.
334
Article 49 - Right to Practice before International Authorities
335
Any attorney, patent agent, or other person, having the right to
practice before the national Office with which the international
application was filed, shall be entitled to practice before the
International Bureau and the competent International Searching
Authority and competent International Preliminary Examining Authority
in respect of that application.
336
Chapter IV - Technical Services
337
Article 50 - Patent Information Services
338
(1) The International Bureau may furnish services by providing
technical and any other pertinent information available to it on the
basis of published documents, primarily patents and published
applications (referred to in this Article as "the information
services").
339
(2) The International Bureau may provide these information ser vices
either directly or through one or more International Searching
Authorities or other national or international specialized
institutions, with which the International Bureau may reach agreement.
340
(3) The information services shall be operated in a way particularly
facilitating the acquisition by Contracting States which are developing
countries of technical knowledge and technology, including available
published know-how.
341
(4) The information services shall be available to Governments of
Contracting States and their nationals and residents. The Assembly may
decide to make these services available also to others.
342
(5)
343
(a) Any service to Governments of Contracting States shall be furnished
at cost, provided that, when the Government is that of a Contracting
State which is a developing country, the service shall be furnished
below cost if the difference can be covered from profit made on
services furnished to others than Governments of Contracting States or
from the sources referred to in Article 51(4).
344
(b) The cost referred to in subparagraph (a) is to be understood as
cost over and above costs normally incident to the performance of the
services of a national Office or the obligations of an International
Searching Authority.
345
(6) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the
limits to be fixed by the Assembly, such working groups as the Assembly
may set up for that purpose.
346
(7) The Assembly shall, when it considers it necessary, recommend
methods of providing financing supplementary to those referred to in
paragraph (5).
347
Article 51 - Technical Assistance
348
(1) The Assembly shall establish a Committee for Technical Assistance
(referred to in this Article as "the Committee").
349
(2)
350
(a) The members of the Committee shall be elected among the Contracting
States, with due regard to the representation of developing countries.
351
(b) The Director General shall, on his own initiative or at the request
of the Committee, invite representatives of intergovernmental
organizations concerned with technical assistance to developing
countries to participate in the work of the Committee.
352
(3)
353
(a) The task of the Committee shall be to organize and supervise
technical assistance for Contracting States which are developing
countries in developing their patent systems individually or on a
regional basis.
354
(b) The technical assistance shall comprise, among other things, the
training of specialists, the loaning of experts, and the supply of
equipment both for demonstration and for operational purposes.
355
(4) The International Bureau shall seek to enter into agreements, on
the one hand, with international financing organizations and
intergovernmental organizations, particularly the United Nations, the
agencies of the United Nations, and the Specialized Agencies connected
with the United Nations concerned with technical assistance, and, on
the other hand, with the Governments of the States receiving the
technical assistance, for the financing of projects pursuant to this
Article.
356
(5) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the
limits to be fixed by the Assembly, such working groups as the Assembly
may set up for that purpose.
357
Article 52 - Relations with Other Provisions of the Treaty
358
Nothing in this Chapter shall affect the financial provisions contained
in any other Chapter of this Treaty. Such provisions are not applicable
to the present Chapter or to its implementation.
359
Chapter V - Administrative Provisions
360
Article 53 - Assembly
361
(1)
362
(a) The Assembly shall, subject to Article 57(8), consist of the
Contracting States.
363
(b) The Government of each Contracting State shall be represented by
one delegate, who may be assisted by alternate delegates, advisors, and
experts.
364
(2)
365
(a) The Assembly shall:
366
(i) deal with all matters concerning the maintenance and development of
the Union and the implementation of this Treaty;
367
(ii) perform such tasks as are specifically assigned to it under other
provisions of this Treaty;
368
(iii) give directions to the International Bureau concerning the
preparation for revision conferences;
369
(iv) review and approve the reports and activities of the Director
General concerning the Union, and give him all necessary instructions
concerning matters within the competence of the Union;
370
(v) review and approve the reports and activities of the Executive
Committee established under paragraph (9), and give instructions to
such Committee;
371
(vi) determine the program and adopt the triennial* budget of the
Union, and approve its final accounts;* [Editor's Note: Since 1980, the
budget of the Union is biennial.]
372
(vii) adopt the financial regulations of the Union;
373
(viii) establish such committees and working groups as it deems
appropriate to achieve the objectives of the Union;
374
(ix) determine which States other than Contracting States and, subject
to the provisions of paragraph (8), which intergovernmental and
international non-governmental organizations shall be admitted to its
meetings as observers;
375
(x) take any other appropriate action designed to further the
objectives of the Union and perform such other functions as are
appropriate under this Treaty.
376
(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Assembly shall make its decisions
after having heard the advice of the Coordination Committee of the
Organization.
377
(3) A delegate may represent, and vote in the name of, one State only.
378
(4) Each Contracting State shall have one vote.
379
(5)
380
(a) One-half of the Contracting States shall constitute a quorum.
381
(b) In the absence of the quorum, the Assembly may make decisions but,
with the exception of decisions concerning its own procedure, all such
decisions shall take effect only if the quorum and the required
majority are attained through voting by correspondence as provided in
the Regulations.
382
(6)
383
(a) Subject to the provisions of Article 47(2)(b), Article 58(2)(b),
Article 58(3) and Article 61(2)(b), the decisions of the Assembly shall
require two-thirds of the votes cast.
384
(b) Abstentions shall not be considered as votes.
385
(7) In connection with matters of exclusive interest to States bound by
Chapter II, any reference to Contracting States in paragraph (4),
paragraph (5), and paragraph (6), shall be considered as applying only
to States bound by Chapter II.
386
(8) Any intergovernmental organization appointed as International
Searching or Preliminary Examining Authority shall be admitted as
observer to the Assembly.
387
(9) When the number of Contracting States exceeds forty, the Assembly
shall establish an Executive Committee. Any reference to the Executive
Committee in this Treaty and the Regulations shall be construed as
references to such Committee once it has been established.
388
(10) Until the Executive Committee has been established, the Assembly
shall approve, within the limits of the program and triennial budget,
the annual programs and budgets prepared by the Director General.**
[Editor's Note: Since 1980, the program and budget of the Union are
biennial.]
389
(11)
390
(a) The Assembly shall meet in every second calendar year in ordinary
session upon convocation by the Director General and, in the absence of
exceptional circumstances, during the same period and at the same place
as the General Assembly of the Organization.
391
(b) The Assembly shall meet in extraordinary session upon convocation
by the Director General, at the request of the Executive Committee, or
at the request of one-fourth of the Contracting States.
392
(12) The Assembly shall adopt its own rules of procedure.
393
Article 54 - Executive Committee
394
(1) When the Assembly has established an Executive Committee, that
Committee shall be subject to the provisions set forth hereinafter.
395
(2) (a) The Executive Committee shall, subject to Article 57(8),
consist of States elected by the Assembly from among States members of
the Assembly.
396
(b) The Government of each State member of the Executive Committee
shall be represented by one delegate, who may be assisted by alternate
delegates, advisors, and experts.
397
(3) The number of States members of the Executive Committee shall
correspond to one-fourth of the number of States members of the
Assembly. In establishing the number of seats to be filled, remainders
after division by four shall be disregarded.
398
(4) In electing the members of the Executive Committee, the Assembly
shall have due regard to an equitable geographical distribution.
399
(5)
400
(a) Each member of the Executive Committee shall serve from the close
of the session of the Assembly which elected it to the close of the
next ordinary session of the Assembly.
401
(b) Members of the Executive Committee may be re-elected but only up to
a maximum of two-thirds of such members.
402
(c) The Assembly shall establish the details of the rules governing the
election and possible re-election of the members of the Executive
Committee.
403
(6)
404
(a) The Executive Committee shall:
405
(i) prepare the draft agenda of the Assembly;
406
(ii) submit proposals to the Assembly in respect of the draft program
and biennial budget of the Union prepared by the Director General;
407
(iii) [deleted]
408
(iv) submit, with appropriate comments, to the Assembly the periodical
reports of the Director General and the yearly audit reports on the
accounts;
409
(v) take all necessary measures to ensure the execution of the program
of the Union by the Director General, in accordance with the decisions
of the Assembly and having regard to circumstances arising between two
ordinary sessions of the Assembly;
410
(vi) perform such other functions as are allocated to it under this
Treaty.
411
(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Executive Committee shall make
its decisions after having heard the advice of the Coordination
Committee of the Organization.
412
(7)
413
(a) The Executive Committee shall meet once a year in ordinary session
upon convocation by the Director General, preferably during the same
period and at the same place as the Coordination Committee of the
Organization.
414
(b) The Executive Committee shall meet in extraordinary session upon
convocation by the Director General, either on his own initiative or at
the request of its Chairman or one-fourth of its members.
415
(8)
416
(a) Each State member of the Executive Committee shall have one vote.
417
(b) One-half of the members of the Executive Committee shall constitute
a quorum.
418
(c) Decisions shall be made by a simple majority of the votes cast.
419
(d) Abstentions shall not be considered as votes.
420
(e) A delegate may represent, and vote in the name of, one State only.
421
(9) Contracting States not members of the Executive Committee shall be
admitted to its meetings as observers, as well as any intergovernmental
organization appointed as International Searching or Preliminary
Examining Authority.
422
(10) The Executive Committee shall adopt its own rules of procedure.
423
Article 55 - International Bureau
424
(1) Administrative tasks concerning the Union shall be performed by the
International Bureau.
425
(2) The International Bureau shall provide the secretariat of the
various organs of the Union.
426
(3) The Director General shall be the chief executive of the Union and
shall represent the Union.
427
(4) The International Bureau shall publish a Gazette and other
publications provided for by the Regulations or required by the
Assembly.
428
(5) The Regulations shall specify the services that national Offices
shall perform in order to assist the International Bureau and the
International Searching and Preliminary Examining Authorities in
carrying out their tasks under this Treaty.
429
(6) The Director General and any staff member designated by him shall
participate, without the right to vote, in all meetings of the
Assembly, the Executive Committee and any other committee or working
group established under this Treaty or the Regulations. The Director
General, or a staff member designated by him, shall be ex officio
secretary of these bodies.
430
(7)
431
(a) The International Bureau shall, in accordance with the directions
of the Assembly and in cooperation with the Executive Committee, make
the preparations for the revision conferences.
432
(b) The International Bureau may consult with intergovernmental and
international non-governmental organizations concerning preparations
for revision conferences.
433
(c) The Director General and persons designated by him shall take part,
without the right to vote, in the discussions at revision conferences.
434
(8) The International Bureau shall carry out any other tasks as signed
to it.
435
Article 56 - Committee for Technical Cooperation
436
(1) The Assembly shall establish a Committee for Technical Cooperation
(referred to in this Article as "the Committee").
437
(2)
438
(a) The Assembly shall determine the composition of the Committee and
appoint its members, with due regard to an equitable representation of
developing countries.
439
(b) The International Searching and Preliminary Examining Authorities
shall be ex officio members of the Committee. In the case where such an
Authority is the national Office of a Contracting State, that State
shall not be additionally represented on the Committee.
440
(c) If the number of Contracting States so allows, the total number of
members of the Committee shall be more than double the number of ex
officio members.
441
(d) The Director General shall, on his own initiative or at the request
of the Committee, invite representatives of interested organizations to
participate in discussions of interest to them.
442
(3) The aim of the Committee shall be to contribute, by advice and
recommendations:
443
(i) to the constant improvement of the services provided for under this
Treaty,
444
(ii) to the securing, so long as there are several International
Searching Authorities and several International Preliminary Examining
Authorities, of the maximum degree of uniformity in their documentation
and working methods and the maximum degree of uniformly high quality in
their reports, and
445
(iii) on the initiative of the Assembly or the Executive Committee, to
the solution of the technical problems specifically involved in the
establishment of a single International Searching Authority.
446
(4) Any Contracting State and any interested international organization
may approach the Committee in writing on questions which fall within
the competence of the Committee.
447
(5) The Committee may address its advice and recommendations to the
Director General or, through him, to the Assembly, the Executive
Committee, all or some of the International Searching and Preliminary
Examining Authorities, and all or some of the receiving Offices.
448
(6)
449
(a) In any case, the Director General shall transmit to the Executive
Committee the texts of all the advice and recommendations of the
Committee. He may comment on such texts.
450
(b) The Executive Committee may express its views on any advice,
recommendation, or other activity of the Committee, and may invite the
Committee to study and report on questions falling within its
competence. The Executive Committee may submit to the Assembly, with
appropriate comments, the advice, recommendations and report of the
Committee.
451
(7) Until the Executive Committee has been established, references in
paragraph (6) to the Executive Committee shall be construed as
references to the Assembly.
452
(8) The details of the procedure of the Committee shall be governed by
the decisions of the Assembly.
453
Article 57 - Finances
454
(1)
455
(a) The Union shall have a budget.
456
(b) The budget of the Union shall include the income and expenses
proper to the Union and its contribution to the budget of expenses
common to the Unions administered by the Organization.
457
(c) Expenses not attributable exclusively to the Union but also to one
or more other Unions administered by the Organization shall be
considered as expenses common to the Unions. The share of the Union in
such common expenses shall be in proportion to the interest the Union
has in them.
458
(2) The budget of the Union shall be established with due regard to the
requirements of coordination with the budgets of the other Unions
administered by the Organization.
459
(3) Subject to the provisions of paragraph (5), the budget of the Union
shall be financed from the following sources:
460
(i) fees and charges due for services rendered by the International
Bureau in relation to the Union;
461
(ii) sale of, or royalties on, the publications of the International
Bureau concerning the Union;
462
(iii) gifts, bequests, and subventions;
463
(iv) rents, interests, and other miscellaneous income.
464
(4) The amounts of fees and charges due to the International Bureau and
the prices of its publications shall be so fixed that they should,
under normal circumstances, be sufficient to cover all the expenses of
the International Bureau connected with the administration of this
Treaty.
465
(5)
466
(a) Should any financial year close with a deficit, the Contracting
States shall, subject to the provisions of subparagraph (b) and
subparagraph (c), pay contributions to cover such deficit.
467
(b) The amount of the contribution of each Contracting State shall be
decided by the Assembly with due regard to the number of international
applications which has emanated from each of them in the relevant year.
468
(c) If other means of provisionally covering any deficit or any part
thereof are secured, the Assembly may decide that such deficit be
carried forward and that the Contracting States should not be asked to
pay contributions.
469
(d) If the financial situation of the Union so permits, the Assembly
may decide that any contributions paid under subparagraph (a) be
reimbursed to the Contracting States which have paid them.
470
(e) A Contracting State which has not paid, within two years of the due
date as established by the Assembly, its contribution under
subparagraph (b) may not exercise its right to vote in any of the
organs of the Union. However, any organ of the Union may allow such a
State to continue to exercise its right to vote in that organ so long
as it is satisfied that the delay in payment is due to exceptional and
unavoidable circumstances.
471
(6) If the budget is not adopted before the beginning of a new
financial period, it shall be at the same level as the budget of the
previous year, as provided in the financial regulations.
472
(7)
473
(a) The Union shall have a working capital fund which shall be
constituted by a single payment made by each Contracting State. If the
fund becomes insufficient, the Assembly shall arrange to increase it.
If part of the fund is no longer needed, it shall be reimbursed.
474
(b) The amount of the initial payment of each Contracting State to the
said fund or of its participation in the increase thereof shall be
decided by the Assembly on the basis of principles similar to those
provided for under paragraph (5)(b).
475
(c) The terms of payment shall be fixed by the Assembly on the proposal
of the Director General and after it has heard the advice of the
Coordination Committee of the Organization.
476
(d) Any reimbursement shall be proportionate to the amounts paid by
each Contracting State, taking into account the dates at which they
were paid.
477
(8)
478
(a) In the headquarters agreement concluded with the State on the
territory of which the Organization has its headquarters, it shall be
provided that, whenever the working capital fund is insufficient, such
State shall grant advances. The amount of these advances and the
conditions on which they are granted shall be the subject of separate
agreements, in each case, between such State and the Organization. As
long as it remains under the obligation to grant advances, such State
shall have an ex officio seat in the Assembly and on the Executive
Committee.
479
(b) The State referred to in subparagraph (a) and the Organization
shall each have the right to denounce the obligation to grant advances,
by written notification. Denunciation shall take effect three years
after the end of the year in which it has been notified.
480
(9) The auditing of the accounts shall be effected by one or more of
the Contracting States or by external auditors, as provided in the
financial regulations. They shall be designated, with their agreement,
by the Assembly.
481
Article 58 - Regulations
482
(1) The Regulations annexed to this Treaty provide Rules:
483
(i) concerning matters in respect of which this Treaty expressly refers
to the Regulations or expressly provides that they are or shall be
prescribed,
484
(ii) concerning any administrative requirements, matters, or
procedures,
485
(iii) concerning any details useful in the implementation of the
provisions of this Treaty.
486
(2)
487
(a) The Assembly may amend the Regulations.
488
(b) Subject to the provisions of paragraph (3), amendments shall
require three-fourths of the votes cast.
489
(3)
490
(a) The Regulations specify the Rules which may be amended
491
(i) only by unanimous consent, or
492
(ii) only if none of the Contracting States whose national Office acts
as an International Searching or Preliminary Examining Authority
dissents, and, where such Authority is an intergovernmental
organization, if the Contracting State member of that organization
authorized for that purpose by the other member States within the
competent body of such organization does not dissent.
493
(b) Exclusion, for the future, of any such Rules from the applicable
requirement shall require the fulfillment of the conditions referred to
in subparagraph (a)(i) or subparagraph (a)(ii), respectively.
494
(c) Inclusion, for the future, of any Rule in one or the other of the
requirements referred to in subparagraph (a) shall require unanimous
consent.
495
(4) The Regulations provide for the establishment, under the control of
the Assembly, of Administrative Instructions by the Director General.
496
(5) In the case of conflict between the provisions of the Treaty and
those of the Regulations, the provisions of the Treaty shall prevail.
497
Chapter VI - Disputes
498
Article 59 - Disputes
499
Subject to Article 64(5), any dispute between two or more Contracting
States concerning the interpretation or application of this Treaty or
the Regulations, not settled by negotiation, may, by any one of the
States concerned, be brought before the International Court of Justice
by application in conformity with the Statute of the Court, unless the
States concerned agree on some other method of settlement. The
Contracting State bringing the dispute before the Court shall inform
the International Bureau; the International Bureau shall bring the
matter to the attention of the other Contracting States.
500
Chapter VII - Revision and Amendment
501
Article 60 - Revision of the Treaty
502
(1) This Treaty may be revised from time to time by a special
conference of the Contracting States.
503
(2) The convocation of any revision conference shall be decided by the
Assembly.
504
(3) Any intergovernmental organization appointed as International
Searching or Preliminary Examining Authority shall be admitted as
observer to any revision conference.
505
(4) Article 53(5), Article 53(9) and Article 53(11), Article 54,
Article 55(4) to Article 55(8), 56, and Article 57, may be amended
either by a revision conference or according to the provisions of
Article 61.
506
Article 61 - Amendment of Certain Provisions of the Treaty
507
(1)
508
(a) Proposals for the amendment of Article 53(5), Article 53(9) and
(11), Article 54, Article 55(4) to Article 55(8), Article 56, and
Article 57, may be initiated by any State member of the Assembly, by
the Executive Committee, or by the Director General.
509
(b) Such proposals shall be communicated by the Director General to the
Contracting States at least six months in advance of their
consideration by the Assembly.
510
(2)
511
(a) Amendments to the Articles referred to in paragraph (1) shall be
adopted by the Assembly.
512
(b) Adoption shall require three-fourths of the votes cast.
513
(3)
514
(a) Any amendment to the Articles referred to in paragraph (1) shall
enter into force one month after written notifications of acceptance,
effected in accordance with their respective constitutional processes,
have been received by the Director General from three-fourths of the
States members of the Assembly at the time it adopted the amendment.
515
(b) Any amendment to the said Articles thus accepted shall bind all the
States which are members of the Assembly at the time the amendment
enters into force, provided that any amendment increasing the financial
obligations of the Contracting States shall bind only those States
which have notified their acceptance of such amendment.
516
(c) Any amendment accepted in accordance with the provisions of
subparagraph (a) shall bind all States which become members of the
Assembly after the date on which the amendment entered into force in
accordance with the provisions of subparagraph (a).
517
CHAPTER VIII - Final Provisions
518
Article 62 - Becoming Party to the Treaty
519
(1) Any State member of the International Union for the Protection of
Industrial Property may become party to this Treaty by:
520
(i) signature followed by the deposit of an instrument of ratification,
or
521
(ii) deposit of an instrument of accession.
522
(2) Instruments of ratification or accession shall be deposited the
Director General.
523
(3) The provisions of Article 24 of the Stockholm Act of the Paris
Convention for the Protection of Industrial Property shall apply to
this Treaty.
524
(4) paragraph (3) shall in no way be understood as implying the
recognition or tacit acceptance by a Contracting State of the factual
situation concerning a territory to which this Treaty is made
applicable by another Contracting State by virtue of the said
paragraph.
525
Article 63 - Entry into Force of the Treaty
526
(1)
527
(a) Subject to the provisions of paragraph (3), this Treaty shall enter
into force three months after eight States have deposited their
instruments of ratification or accession, provided that at least four
of those States each fulfill any of the following conditions:
528
(i) the number of applications filed in the State has exceeded 40,000
according to the most recent annual statistics published by the
International Bureau, (ii) the nationals or residents of the State have
filed at least 1,000 applications in one foreign country according to
the most recent annual statistics published by the International
Bureau, (iii) the national Office of the State has received at least
10,000 applications from nationals or residents of foreign countries
according to the most recent annual statistics published by the
International Bureau.
529
(b) For the purposes of this paragraph, the term "applications" does
not include applications for utility models.
530
(2) Subject to the provisions of paragraph (3), any State which does
not become party to this Treaty upon entry into force under paragraph
(1) shall become bound by this Treaty three months after the date on
which such State has deposited its instrument of ratification or
accession.
531
(3) The provisions of Chapter II and the corresponding provisions of
the Regulations annexed to this Treaty shall become applicable,
however, only on the date on which three States each of which fulfill
at least one of the three requirements specified in paragraph (1)
become party to this Treaty without declaring, as provided in Article
64(1), that they do not intend to be bound by the provisions of Chapter
II. That date shall not, however, be prior to that of the initial entry
into force under paragraph (1).
532
Article 64 - Reservations
533
(1)
534
(a) Any State may declare that it shall not be bound by the provisions
of Chapter II.
535
(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.
536
(2)
537
(a) Any State not having made a declaration under paragraph (1)(a) may
declare that:
538
(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),
539
(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.
540
(b) States making such a declaration shall be bound accordingly.
541
(3)
542
(a) Any State may declare that, as far as it is concerned,
international publication of international applications is not
required.
543
(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).
544
(c) Where the provisions of subparagraph (b) apply, the international
application shall nevertheless be published by the International
Bureau:
545
(i) at the request of the applicant, as provided in the Regulations,
546
(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.
547
(4)
548
(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.
549
(b) Any State making a declaration under subparagraph (a) shall to that
extent not be bound by the provisions of Article 11(3).
550
(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.
551
(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.
552
(6)
553
(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.
554
(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.
555
(7) No reservations to this Treaty other than the reservations under
paragraph (1) to paragraph (5) are permitted.
556
Article 65 - Gradual Application
557
(1) If the agreement with any International Searching or Preliminary
Examining Authority provides, transitionally, for limits on the number
or kind of international applications that such Authority undertakes to
process, the Assembly shall adopt the measures necessary for the
gradual application of this Treaty and the Regulations in respect of
given categories of international applications. This provision shall
also apply to requests for an international-type search under Article
15(5).
558
(2) The Assembly shall fix the dates from which, subject to the
provision of paragraph (1), international applications may be filed and
demands for international preliminary examination may be submitted.
Such dates shall not be later than six months after this Treaty has
entered into force according to the provisions of Article 63(1), or
after Chapter II has become applicable under Article 63(3),
respectively.
559
Article 66 - Denunciation
560
(1) Any Contracting State may denounce this Treaty by notification
addressed to the Director General.
561
(2) Denunciation shall take effect six months after receipt of the said
notification by the Director General. It shall not affect the effects
of the international application in the denouncing State if the
international application was filed, and, where the denouncing State
has been elected, the election was made, prior to the expiration of the
said six-month period.
562
Article 67 - Signature and Languages
563
(1) (a) This Treaty shall be signed in a single original in the English
and French languages, both texts being equally authentic.
564
(b) Official texts shall be established by the Director General, after
consultation with the interested Governments, in the German, Japanese,
Portuguese, Russian and Spanish languages, and such other languages as
the Assembly may designate.
565
(2) This Treaty shall remain open for signature at Washington until
December 31, 1970.
566
Article 68 - Depositary Functions
567
(1) The original of this Treaty, when no longer open for signature,
shall be deposited with the Director General.
568
(2) The Director General shall transmit two copies, certified by him,
of this Treaty and the Regulations annexed hereto to the Governments of
all States party to the Paris Convention for the Protection Industrial
Property and, on request, to the Government of any other State.
569
(3) The Director General shall register this Treaty with the
Secretariat of the United Nations.
570
(4) The Director General shall transmit two copies, certified by him,
of any amendment to this Treaty and the Regulations to the Governments
of all Contracting States and, on request, to the Government of any
other State.
571
Article 69 - Notifications
572
The Director General shall notify the Governments of all States party
to the Paris Convention for the Protection of Industrial Property of:
573
(i) signatures under Article 62,
574
(ii) deposits of instruments of ratification or accession under Article
62,
575
(iii) the date of entry into force of this Treaty and the date from
which Chapter II is applicable in accordance with Article 63(3),
576
(iv) any declarations made under Article 64(1) to Article 64(5),
577
(v) withdrawals of any declarations made under Article 64(6)(b),
578
(vi) denunciations received under Article 66, and
579
(vii) any declarations made under Article 31(4).
580
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Manifest