PATENT COOPERATION TREATY
With Regulations

DONE AT WASHINGTON JUNE 19, 1970


The Contracting States,

Desiring to make a contribution to the progress of science and technology,

Desiring to perfect the legal protection of inventions,

Desiring to simplify and render more economical the obtaining of protection
for inventions where protection is sought in several countries,

Desiring to facilitate and accelerate access by the public to the technical
information contained in documents describing new inventions,

Desiring to foster and accelerate the economic development of developing
countries through the adoption of measures designed to increase the
efficiency of their legal systems, whether national or regional, 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,

Convinced that cooperation among nations will greatly facilitate the
attainment of these aims,

Have concluded the present Treaty.


INTRODUCTORY PROVISIONS

Article 1
Establishment of a Union

(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.

(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.

Article 2
Definitions

For the purposes of this Treaty and the Regulations and unless expressly
stated otherwise:

(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;

(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;

(iii) "national patent" means a patent granted by a national authority;

(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;

(v) "regional application" means an application for a regional patent;

(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;

(vii) "international application" means an application filed under this
Treaty;

(viii) references to an "application" shall be construed as references to
international applications and national applications;

(ix) references to a "patent" shall be construed as references to national
patents and regional patents;

(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;

(xi) "priority date," for the purposes of computing time limits, means:

(a) where the international application contains a priority claim under
Article 8, the filing date of the application whose priority is so
claimed;
(b) where the international application contains several priority claims
under Article 8, the filing date of the earliest application whose
priority is so claimed;
(c) where the international application does not contain any priority
claim under Article 8, the international filing date of such
application;

(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.

(xiii) "designated Office" means the national Office of or acting for the
State designated by the applicant under Chapter I of this Treaty;

(xiv) "elected Office" means the national Office of or acting for the State
elected by the applicant under Chapter II of this Treaty;

(xv) "receiving Office" means the national Office or the intergovernmental
organization with which the international application has been filed;

(xvi) "Union" means the International Patent Cooperation Union;

(xvii) "Assembly" means the Assembly of the Union;

(xviii) "Organization" means the World Intellectual Property Organization;

(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);

(xx) "Director General" means the Director General of the Organization and,
as long as BIRPl subsists, the Director of BIRPI.


CHAPTER I

INTERNATIONAL APPLICATION
AND
INTERNATIONAL SEARCH

Article 3
The International Application

(1) Applications for the protection of inventions in any of the Contracting
States may be filed as international applications under this Treaty.

(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.

(3) The abstract merely serves the purpose of technical information and
cannot be taken into account for any other purpose, particularly not for
the purpose of interpreting the scope of the protection sought.

(4) The international application shall:
(i) be in a prescribed language;
(ii) comply with the prescribed physical requirements;
(iii) comply with the prescribed requirement of unity of invention;
(iv) be subject to the payment of the prescribed fees.

Article 4
The Request

(1) The request shall contain:

(i) a petition to the effect that the international application be
processed according to this Treaty;

(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;

(iii) the name of and other prescribed data concerning the applicant and
the agent (if any);

(iv) the title of the invention;

(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.

(2) Every designation shall be subject to the payment of the prescribed fee
within the prescribed time limit.

(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.

(4) Failure to indicate in the request the name and other prescribed 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.

Article 5
The Description

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.

Article 6
The Claims

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.

Article 7
The Drawings

(1) Subject to the provisions of paragraph (2)(ii), drawings shall be
required when they are necessary for the understanding of the invention.

(2) Where, without being necessary for the understanding of the invention,
the nature of the invention admits of illustration by drawings:
(i) the applicant may include such drawings in the international
application when filed,
(ii) any designated Office may require that the applicant file such
drawings with it within the prescribed time limit.

Article 8
Claiming Priority

(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)(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.

(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.

Article 9
The Applicant

(1) Any resident or national of a Contracting State may file an
international application.

(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.

(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.

Article 10
The Receiving Office

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.

Article 11
Filing Date and Effects of the International Application

(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:

(i) the applicant does not obviously lack, for reasons of residence
or nationality, the right to file an international application with the
receiving Office,
(ii) the international application is in the prescribed language,
(iii) the international application contains at least the following
elements:

(a) an indication that it is intended as an international application,
(b) the designation of at least one Contracting State,
(c) the name of the applicant, as prescribed,
(d) a part which on the face of it appears to be a description,
(e) a part which on the face of it appears to be a claim or claims.

(2)(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.

(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.

(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.

(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.

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

(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.

(2) The record copy shall be considered the true copy of the international
application.

(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.

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

(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.

(2)(a) The applicant may, at any time, transmit a copy of his international
application to any designated Office.

(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.

(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.

Article 14
Certain Defects in the International Application

(1)(a) The receiving office shall check whether the international
application contains any of the following defects, that is to say:

(i) it is not signed as provided in the Regulations;
(ii) it does not contain the prescribed indications concerning the
applicant;
(iii) it does not contain a title;
(iv) it does not contain an abstract;
(v) it does not comply to the extent provided in the Regulations with
the prescribed physical requirements.

(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.

(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.

(3)(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.

(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.

(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.

Article 15
The International Search

(1) Each international application shall be the subject of international
search.

(2) The objective of the international search is to discover relevant prior
art.

(3) International search shall be made on the basis of the claims, with due
regard to the description and the drawings (if any).

(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.

(5)(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.

(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 all international-type search.

(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 subparagraphs (a)
and (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.

Article 16
The International Searching Authority

(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.

(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.

(3)(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.

(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.

(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.

(d) Appointment shall be for a fixed period of time and may be extended
for further periods.

(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.

Article 17
Procedure Before the International Searching Authority

(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.

(2)(a) If the International Searching Authority considers

(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

(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.

(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.

(3) (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.

(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.

Article 18
The International Search Report

(1) The international search report shall be established within the
prescribed time limit and in the prescribed form.

(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.

(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.

Article 19
Amendment of the Claims Before the
International Bureau

(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.

(2) The amendments shall not go beyond the disclosure in the international
application as filed.

(3) If the national law of any designated State permits amendments to go
beyond the said disclosure, failure to comply with paragraph (2) shall have
no consequence in that State.

Article 20
Communication to Designated Offices

(1)(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.

(b) The communication shall include the translation (as Prescribed) of
the said report or declaration.

(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).

(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.

Article 21
International Publication

(1) The International Bureau shall publish international applications.


(2)(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.

(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.

(3) The international search report or the declaration referred to in
Article 17(2)(a) shall be published as prescribed ln the Regulations.

(4) The language and form of the international publication and other
details are governed by the Regulations.

(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.

(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.

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

(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 that State not later
than at the expiration of 20 months from the priority date.

(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.

(3) Any national law may, for performing the acts referred to in paragraphs
(1) or (2), fix time limits which expire later than the time limit provided
for in those paragraphs.

Article 23
Delaying of National Procedure

(1) No designated Office shall process or examine the international
application prior to the expiration of the applicable time limit under
Article 22.

(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.

Article 24
Possible Loss of Effect in Designated States

(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:

(i) if the applicant withdraws his international application or the
designation of that State;
(ii) if the international application is considered withdrawn by virtue
of Articles 12 (3), 14(1) (b), 14(3) (a), or 14(4), or if the designation
of that State is considered withdrawn by virtue of Article 14 (3) (b);
(iii) if the applicant fails to perform the acts referred to in Article
22 within the applicable time limit.

(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).

Article 25
Review By Designated Offices

(1)(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.

(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.

(c) The request under subparagraphs (a) or (b) shall be presented within
the prescribed time limit.

(2)(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.

(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).

Article 26
Opportunity to Correct Before Designated Offices

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.

Article 27
National Requirements

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

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

(i) when the applicant is a legal entity, of the name of an officer
entitled to represent such legal entity,
(ii) of documents not part of the international application but which
constitute proof of allegations or statements made in that application,
including the confirmation of the international application by the
signature of the applicant when that application, as filed, was signed by
his representative or agent.

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

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

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

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

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

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

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

(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.

(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.

(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.

(4) Where the designated Office requires a translation of the international
application, the amendments shall be in the language of the translation.

Article 29
Effects of the International Publication

(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 paragraphs (2) to (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.

(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:

(i) a translation into the latter language has been published as
provided by the national law, or

(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

(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

(iv) both the acts described in (i) and (iii), or both the acts
described in (ii) and (iii), have taken place.

(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.

(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.

Article 30
Confidential Nature of the International Application

(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.

(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.

(2)(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:
(i) date of the international publication of the international
application,

(ii) date of the receipt of the communication of the international
application under Article 20,

(iii) date of the receipt of a copy of the international application
under Article 22.

(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.

(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.

(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.

(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.


CHAPTER II

INTERNATIONAL PRELIMINARY EXAMINATION

Article 31
Demand for International Preliminary Examination

(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.

(2)(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.

(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.

(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.

(4)(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.

(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.

(5) The demand shall be subject to the payment of the prescribed fees
within the prescribed time limit.

(6)(a) The demand shall be submitted to the competent International
Preliminary Examining Authority referred to in Article 32.

(b) Any later election shall be submitted to the International Bureau.

(7) Each elected Office shall be notified of its election.

Article 32
The International Preliminary Examining Authority

(1) International preliminary examination shall be carried out by the
International Preliminary Examining Authority.

(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.

(3) The provisions of Article 16(3) shall apply, mutatis mutandis, in
respect of International Preliminary Examining Authorities.

Article 33
The International Preliminary Examination

(1) The objective of the international preliminary examination is to
formulate a preliminary and non-binding opinion on the questions whether
the claimed invention appears to be novel, to involve an inventive step (to
be non-obvious), and to be industrially applicable.

(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.

(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.

(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.

(5) The criteria described above merely serve the purposes of international
preliminary examination. Any Contracting State may apply additional or
different criteria for the purposes of deciding whether, in that State, the
claimed invention is patentable or not.

(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 ln
the particular case.

Article 34
Procedure Before the
International Preliminary Examining Authority

(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 Authority.

(2)(a) The applicant shall have a right to communicate orally and in
writing with the International Preliminary Examining Authority.

(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.

(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:
(i) the invention satisfies the criteria set forth in Article
33(1),
(ii) the international application complies with the requirements of
this Treaty and the Regulations in so far as checked by that
Authority,
(iii) no observations are intended to be made under Article 35(2),
last sentence.

(d) The applicant may respond to the written opinion.

(3)(a) If the International Preliminary Examining Authority considers 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.

(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.

(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.

(4)(a) If the International Preliminary Examining Authority considers

(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
(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-obviousness), 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.

(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.

Article 35
The International Preliminary Examination Report

(1) The international preliminary examination report shall be established
within the prescribed time limit and in the prescribed form.

(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
(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.

(3)(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).

(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).

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

(1) The international preliminary examination report, together with the
prescribed annexes, shall be transmitted to the applicant and to the
International Bureau.

(2)(a) The international preliminary examination report and its annexes
shall be translated into the prescribed languages.

(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.

(3)(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.

(b) The prescribed translation of the annexes shall be transmitted
within the prescribed time limit by the applicant to the elected Offices.

(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.

Article 37
Withdrawal of Demand or Election

(1) The applicant may withdraw any or all elections.

(2) If the election of all elected States is withdrawn, the demand shall be
considered withdrawn.

(3)(a) Any withdrawal shall be notified to the International Bureau.

(b) The elected Offices concerned and the International Preliminary
Examining Authority concerned shall be notified accordingly by the
International Bureau.

(4)(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 bc withdrawal of the
international application as far as that State is concerned.

(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.

Article 38
Confidential Nature of the
International Preliminary Examination

(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.

(2) Subject to the provisions of paragraph (1) and Articles 36(1) and (3)
and 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
non-withdrawal of the demand or of any election.

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

(1)(a) If the election of any Contracting State has been effected prior to
the expiration of the 19th month from the priority date, the provisions of
Article 22 shall not apply to such State and the applicant shall furnish a
copy of the international application (unless the communication under
Article 20 has already taken place) and a translation thereof (as
prescribed), and pay the national fee (if any), to each elected Office not
later than at the expiration of 25 months from the priority date.

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

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

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

Article 40
Delaying of National Examination and Other Processing

(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.

(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.

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

(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.

(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.

(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.

(4) Where an elected Office requires a translation of the international
application, the amendments shall be in the language of the translation.

Article 42
Results of National Examination in Elected Offices

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.


CHAPTER III

COMMON PROVISIONS

Article 43
Seeking Certain Kinds of Protection

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.

Article 44
Seeking Two Kinds of Protection

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.

Article 45
Regional Patent Treaties

(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.

(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.

Article 46
Incorrect Translation of the International Application

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.

Article 47
Time Limits

(1) The details for computing time limits referred to in this Treaty are
governed by the Regulations.

(2)(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.

(b) Such decisions shall be made in the Assembly or through voting by
correspondence and must be unanimous.

(c) The details of the procedure are governed by the Regulations.

Article 48
Delay in Meeting Certain Time Limits

(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.

(2)(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.

(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.

Article 49
Right to Practice Before International Authorities

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.


CHAPTER IV

TECHNICAL SERVICES

Article 50
Patent Information Services

(1) The International Bureau may furnish services by providing technical
and any other pertinent information available to lt on the basis of
published documents, primarily patents and published applications (referred
to in this Article as "the information services").

(2) The International Bureau may provide these information services 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.

(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.

(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.

(5)(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).

(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.

(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.

(7) The Assembly shall, when it considers it necessary, recommend methods
of providing financing supplementary to those referred to in paragraph (5).

Article 51
Technical Assistance

(1) The Assembly shall establish a Committee for Technical Assistance
(referred to in this Article as "the Committee").

(2)(a) The members of the Committee shall be elected among the Contracting
States, with due regard to the representation of developing countries.

(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.

(3)(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.

(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.

(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.

(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.

Article 52
Relations with Other Provisions of the Treaty

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.


CHAPTER V

ADMINISTRATIVE PROVISIONS

Article 53
Assembly

(1)(a) The Assembly shall, subject to Article 57(8), consist of the
Contracting States.

(b) The Government of each Contracting State shall be represented by one
delegate, who may be assisted by alternate delegates, advisors, and
experts.

(2)(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and
development of the Union and the implementation of this Treaty;
(ii) perform such tasks as are specifically assigned to it under
other provisions of this Treaty;
(iii) give directions to the International Bureau concerning the
preparation for revision conferences;
(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;
(v) review and approve the reports and activities of the Executive
Committee established under paragraph (9), and give
instructions to such Committee;
(vi) determine the program and adopt the triennial budget of the
Union, and approve its final accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish such committees and working groups as it deems
appropriate to achieve the objectives of the Union;
(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;
(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.

(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.

(3) A delegate may represent, and vote ln the name of, one State only.

(4) Each Contracting State shall have one vote.

(5)(a) One-half of the Contracting States shall constitute a quorum.

(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.

(6)(a) Subject to the provisions of Articles 47(2)(b), 58(2)(b), 58(3) and
61(2)(b), the decisions of the Assembly shall require two-thirds of the
votes cast.

(b) Abstentions shall not be considered as votes.

(7) In connection with matters of exclusive interest to States bound by
Chapter II, any reference to Contracting States in paragraphs (4), (5), and
(6), shall be considered as applying only to States bound by Chapter II.

(8) Any intergovernmental organization appointed as International Searching
or Preliminary Examining Authority shall be admitted as observer to the
Assembly.

(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.

(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.

(11)(a) Until the Executive Committee has been established, the Assembly
shall meet once in every 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 Coordination Committee
of the Organization.

(b) Once the Executive Committee has been established, the Assembly
shall meet once only in every third 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.

(c) 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.

(12) The Assembly shall adopt its own rules of procedure.

Article 54
Executive Committee

(1) When the Assembly has established an Executive Committee that Committee
shall be subject to the provisions set forth hereinafter.

(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.

(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.

(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.

(4) In electing the members of the Executive Committee, the Assembly shall
have due regard to an equitable geographical distribution.

(5)(a) Each member of the Executive Committee shall serve from the close of
the session of the Assembly which elected lt to the close of the next
ordinary session of the Assembly.

(b) Members of the Executive Committee may be reelected but only up to a
maximum of two-thirds of such members.

(c) The Assembly shall establish the details of the rules governing the
election and possible re-election of the members of the Executive
Committee.

(6)(a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;
(ii) submit proposals to the Assembly in respect of the draft
program and triennial budget of the Union prepared by the
Director General;
(iii) approve, within the limits of the program and triennial budget,
the specific yearly budgets and programs prepared by the
Director General;
(iv) submit, with appropriate comments, to the Assembly the
periodical reports of the Director General and the yearly audit
reports on the accounts;
(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;
(vi) perform such other functions as are allocated to it under this
Treaty.

(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.

(7)(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.

(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.

(8)(a) Each State member of the Executive Committee shall have one vote.

(b) One-half of the members of the Executive Committee shall constitute
a quorum.

(c) Decisions shall be made by a simple majority of the votes cast.

(d) Abstentions shall not be considered as votes.

(e) A delegate may represent, and vote in the name of, one State only.

(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.

(10) The Executive Committee shall adopt its own rules of procedure.

Article 55
International Bureau

(1) Administrative tasks concerning the Union shall be performed by the
International Bureau.

(2) The International Bureau shall provide the secretariat of the various
organs of the Union.

(3) The Director General shall be the chief executive of the Union and
shall represent the Union.

(4) The International Bureau shall publish a Gazette and other publications
provided for by the Regulations or required by the Assembly.

(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.

(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.

(7)(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.

(b) The International Bureau may consult with intergovernmental and
international non-governmental organizations concerning preparations for
revision conferences.
(c) The Director General and persons designated by him shall take part,
without the right to vote, in the discussions at revision conferences.

(8) The International Bureau shall carry out any other tasks assigned to
it.

Article 56
Committee for Technical Cooperation

(1) The Assembly shall establish a Committee for Technical Cooperation
(referred to in this Article as "the Committee").

(2)(a) The Assembly shall determine the composition of the Committee and
appoint its members, with due regard to an equitable representation of
developing countries.

(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.

(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.

(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.

(3) The aim of the Committee shall be to contribute, by advice and
recommendations:

(i) to the constant improvement of the services provided for under
this Treaty,
(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
(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.

(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.

(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.

(6)(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.

(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.

(7) Until the Executive Committee has been established, references in
paragraph (6) to the Executive Committee shall be construed as references
to the Assembly.

(8) The details of the procedure of the Committee shall be governed by the
decisions of the Assembly.

Article 57
Finances

(1)(a) The Union shall have a budget.

(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.

(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.

(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.

(3) Subject to the provisions of paragraph (5), the budget of the Union
shall be financed from the following sources:

(i) fees and charges due for services rendered by the International
Bureau in relation to the Union;
(ii) sale of, or royalties on, the publications of the International
Bureau concerning the Union;
(iii) gifts, bequests, and subventions;
(iv) rents, interests, and other miscellaneous income.

(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.

(5)(a) Should any financial year close with a deficit, the Contracting
States shall, subject to the provisions of subparagraphs (b) and (c), pay
contributions to cover such deficit.

(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.

(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.

(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.

(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.

(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.

(7)(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.

(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).

(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.

(d) Any reimbursement shall be proportionate to the amounts paid by each
Contracting State, taking into account the dates at which they were paid.

(8)(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.

(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.

(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.

Article 58
Regulations

(1) The Regulations annexed to this Treaty provide Rules:
(i) concerning matters in respect of which this Treaty expressly refers
to the Regulations or expressly provides that they are or shall be
prescribed,
(ii) concerning any administrative requirements, matters, or procedures,
(iii) concerning any details useful in the implementation of the
provisions of this Treaty.

(2)(a) The Assembly may amend the Regulations.

(b) Subject to the provisions of paragraph (3), amendments shall require
three-fourths of the votes cast.

(3)(a) The Regulations specify the Rules which may be amended
(i) only by unanimous consent, or
(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.

(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 (a)(ii), respectively.

(c) Inclusion, for the future, of any Rule in one or the other of the
requirements referred to ln subparagraph (a) shall require unanimous
consent.

(4) The Regulations provide for the establishment, under the control of the
Assembly, of Administrative Instructions by the Director General.

(5) In the case of conflict between the provisions of the Treaty and those
of the Regulations, the provisions of the Treaty shall prevail.


CHAPTER VI

DISPUTES

Article 59
Disputes

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.


CHAPTER VII

REVISION AND AMENDMENT

Article 60
Revision of the Treaty

(1) This Treaty may be revised from time to time by a special conference of
the Contracting States.

(2) The convocation of any revision conference shall be decided by the
Assembly.

(3) Any intergovernmental organization appointed as International Searching
or Preliminary Examining Authority shall be admitted as observer to any
revision conference.

(4) Articles 53(5), (9) and (11), 54, 55(4) to (8), 56, and 57, may be
amended either by a revision conference or according to the provisions of
Article 61.

Article 61
Amendment of Certain Provisions of the Treaty

(1)(a) Proposals for the amendment of Articles 53(5), (9) and (11), 54,
55(4) to (8), 56, and 57, may be initiated by any State member of the
Assembly, by the Executive Committee, or by the Director General.

(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.

(2)(a) Amendments to the Articles referred to in paragraph (1) shall be
adopted by the Assembly.

(b) Adoption shall require three-fourths of the votes cast.

(3)(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.

(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.

(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).


CHAPTER VIII

FINAL PROVISIONS

Article 62
Becoming Party to the Treaty

(1) Any State member of the International Union for the Protection of
Industrial Property may become party to this Treaty by:

(i) signature followed by the deposit of an instrument of ratification,
or
(ii) deposit of an instrument of accession.

(2) Instruments of ratification or accession shall be deposited with the
Director General.

(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.

(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.

Article 63
Entry into Force of the Treaty

(1)(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:

(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 ln 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.

(b) For the purposes of this paragraph, the term "applications" does not
include applications for utility models.

(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.

(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) have 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).

Article 64
Reservations

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

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

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

(i) it shall not be bound by the provisions of Article 39(1) with
respect to the furnishing of a copy of the international application and a
translation thereof (as prescribed),
(ii) the obligation to delay national processing, as provided for under
Article 40, shall not prevent publication, by or through its national
Office, of the international application or a translation thereof, it being
understood, however, that it is not exempted from the limitations provided
for in Articles 30 and 38.

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

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

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

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

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

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

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

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

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

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

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

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

Article 65
Gradual Application

(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).

(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.

Article 66
Denunciation

(1) Any Contracting State may denounce this Treaty by notification
addressed to the Director General.

(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.

Article 67
Signature and Languages

(1)(a) This Treaty shall be signed in a single original in the English and
French languages, both texts being equally authentic.

(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.

(2) This Treaty shall remain open for signature at Washington until
December 31, 1970.

Article 68
Depositary Functions

(1) The original of this Treaty, when no longer open for signature, shall
be deposited with the Director General.

(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 of Industrial
Property and, on request, to the Government of any other State.

(3) The Director General shall register this Treaty with the Secretariat of
the United Nations.

(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.

Article 69
Notifications

The Director General shall notify the Governments of all States party to
the Paris Convention for the Protection of Industrial Property of:

(i) signatures under Article 62,
(ii) deposits of instruments of ratification or accession under
Article 62,
(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),
(iv) any declarations made under Article 64(1) to (5),
(v) withdrawals of any declarations made under Article 64(6)(b),
(vi) denunciations received under Article 66, and
(vii) any declarations made under Article 31(4).

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have
signed this Treaty.

DONE at Washington, on June 19, 1970.

REGULATIONS
UNDER THE PATENT COOPERATION TREATY


PART A
INTRODUCTORY RULES

RULE 1
ABBREVIATED EXPRESSIONS

1.1 Meaning of Abbreviated Expressions

(a) In these Regulations, the word "Treaty" means the Patent Cooperation
Treaty.

(b) In these Regulations, the words "Chapter" and "Article" refer to the
specified Chapter or Article of the Treaty.

RULE 2
INTERPRETATION OF CERTAIN WORDS

2.1 "Applicant"

Whenever the word "applicant" is used, it shall be construed as meaning
also the agent or other clearly representative of the applicant, except
where the contrary clearly follows from the wording or the nature of the
provision, or the context in which the word is used, such as, in
particular, where the provision refers to the residence or nationality of
the applicant.

2.2 "Agent"

When ever the word "agent" is used, it shall be construed as meaning any
person who has the right to practice before international authorities as
defined in Article 49 and, unless the contrary clearly follows from the
wording or the nature of the provision, or the context in which the word is
used, also the common representative referred to in Rule 4.8.

2. 3 "Signature"

Whenever the word "signature" is used, it shall be understood that, if the
national law applied by the receiving Office or the competent International
Searching or Preliminary Examining Authority requires the use of a seal
instead of a signature, the word, for the purposes of that Office or
Authority, shall mean seal.


PART B

RULES CONCERNING CHAPTER I OF THE TREATY

RULE 3
THE REQUEST (FORM)

3.1 Printed Form

The request shall be made on a printed form.

3.2 Availability of Forms

Copies of the printed form shall be furnished free of charge to the
applicants by the receiving Office, or, if the receiving Office so desires,
by the International Bureau.

3.3 Check List

(a) The printed form shall contain a list which, when filled in, will show:

(i) the total number of sheets constituting the international
application and the number of the sheets of each element of the
international application (request, description, claims, drawings,
abstract),

(ii) whether or not the international application as filed is
accompanied by a power of attorney (i.e., a document appointing an agent or
a common representative), a priority document, a receipt for the fees paid
or a check for the payment of the fees, an international or an
international-type search report, a document in evidence of the fact that
the applicant is the successor in title of the inventor, and any other
document (to be specified in the check list);

(iii) the number of that figure of the drawings which the applicant
suggests should accompany the abstract when the abstract is published on
the front page of the pamphlet and in the Gazette, in exceptional cases,
the applicant may suggest more than one figure.

(b) The list shall be filled in by the applicant, failing which the
receiving Office shall fill it in and make the necessary annotations,
except that the number referred to in paragraph (a)(iii) shall not be
filled in by the receiving Office.

3.4 Particulars

Subject to Rule 3.3, particulars of the printed form shall be prescribed by
the Administrative Instructions.

RULE 4

THE REQUEST (CONTENTS)

4.1 Mandatory and Optional Contents; Signature

(a) The request shall contain:
(i) a petition,
(ii) the title of the invention,
(iii) indications concerning the applicant and the agent, if there is an
agent,
(iv) the designation of States,
(v) indications concerning the inventor where the national law of at
least one of the designated States requires that the name of the inventor
be furnished at the time of filing a national application.

(b) The request shall, where applicable, contain:
(i) a priority claim,
(ii) a reference to any earlier international search or to any earlier
international-type search,
(iii) choices of certain kinds of protection,
(iv) an indication that the applicant wishes to obtain a regional patent
and the names of the designated States for which he wishes to obtain such a
patent,
(v) a reference to a parent application or parent patent.

(c) The request may contain indications concerning the inventor where the
national law of none of the designated States requires that the name of the
inventor be furnished at the time of filing a national application.

(d) The request shall be signed.

4.2 The Petition

The petition shall be to the following effect and shall preferably be
worded as follows: "The undersigned requests that the present international
application be processed according to the Patent Cooperation Treaty."

4.3 Title of the Invention

The title of the invention shall be short (preferably from two to seven
words when in English or translated into English) and precise.

4.4 Names and Addresses

(a) Names of natural persons shall be indicated by the person's family name
and given name(s), the family name being indicated before the given
name(s).

(b) Names of legal entities shall be indicated by their full, official
designations.

(c) Addresses shall be indicated in such a way as to satisfy the customary
requirements for prompt postal delivery at the indicated address and, in
any case, shall consist of all the relevant administrative units up to, and
including, the house number, if any. Where the national law of the
designated State does not require the indication of the house number,
failure to indicate such number shall have no effect in that State. It is
recommended to indicate any telegraphic and teletype address and telephone
number.

(d) For each applicant, inventor, or agent, only one address may be
indicated.

4.5 The Applicant

(a) The request shall indicate the name, address, nationality and residence
of the applicant or, if there are several applicants, of each of them.

(b) The applicant's nationality shall be indicated by the name of the State
of which he is a national.

(c) The applicant's residence shall be indicated by the name of the State
of which he is a resident.

4.6 The Inventor

(a) Where Rule 4.1(a)(v) applies, the request shall indicate the name and
address of the inventor or, if there are several inventors, of each of
them.

(b) If the applicant is the inventor, the request, in lieu of the
indication under paragraph (a), shall contain a statement to that effect or
shall repeat the applicant's name in the space reserved for indicating the
inventor.

(c) The request may, for different designated States, indicate different
persons as inventors where, in this respect, the requirements of the
national laws of the designated States are not the same. In such a case,
the request shall contain a separate statement for each designated State or
group of States in which a particular person, or the same person, is to be
considered the inventor, or in which particular persons, or the same
persons, are to be considered the inventors.

4.7 The Agent

If agents are designated, the request shall so indicate, and shall state
their names and addresses.

4.8 Representation of Several Applicants Not Having a Common Agent

(a) If there is more than one applicant and the request does not refer to
an agent representing all the applicants ("a common agent"), the request
shall designate one of the applicants who is entitled to file an
international application according to Article 9 as their common
representative.

(b) If there is more than one applicant and the request does not refer to
an agent representing all the applicants and it does not comply with the
requirement of designating one of the applicants as provided in paragraph
(a), the applicant first named in the request who is entitled to file an
international application according to Article 9 shall be considered the
common representative.

4.9 Designation of States

Contracting States shall be designated in the request by their names.

4.10 Priority Claim

(a) The declaration referred to in Article 8(1) shall be made in the
request; it shall consist of a statement to the effect that the priority of
an earlier application is claimed and shall indicate:

(i) When the earlier application is not a regional or an
international application, the country in which it was filed; when the
earlier application is a regional or an international application, the
country or countries for which it was filed,

(ii) the date on which it was filed,

(iii) the number under which it was filed, and

(iv) when the earlier application is a regional or an international
application, the national Office or intergovernmental organization with
which it was filed.

(b) If the request does not indicate both

(i) when the earlier application is not a regional or an
international application, the country in which it was filed; when the
earlier application is a regional or an international application, at least
one country for which it was filed, and

(ii) the date on which it was filed,

the priority claim shall, for the purposes of the procedure under the
Treaty, be considered not to have been made.

(c) If the application number of the earlier application is not indicated
in the request but is furnished by the applicant to the International
Bureau prior to the expiration of the 16th month from the priority date, it
shall be considered by all designated States to have been furnished in
time. If it is furnished after the expiration of that time limit, the
International Bureau shall inform the applicant and the designated Offices
of the date on which the said number was furnished to it. The International
Bureau shall indicate that date in the international publication of the
international application, or, if, at the time of the international
publication, the said number has not been furnished to it, shall indicate
that fact in the international publication.
(d) If the filing date of the earlier application as indicated in the
request precedes the international filing date by more than one year, the
receiving Office, or, if the receiving Office has failed to do so, the
International Bureau, shall invite the applicant to ask either for the
cancellation of the declaration made under Article 8(1) or, if the date of
the earlier application was indicated erroneously, for the correction of
the date so indicated. If the applicant fails to act accordingly within 1
month from the date of the invitation, the declaration made under Article
8(1) shall be cancelled ex officio. The receiving Office effecting the
correction or cancellation shall notify the applicant accordingly and, if
copies of the international application have already been sent to the
International Bureau and the International Searching Authority, that Bureau
and that Authority. If the correction or cancellation is effected by the
International Bureau, the latter shall notify the applicant and the
International Searching Authority accordingly.

(e) Where the priorities of several earlier applications are claimed, the
provisions of paragraphs (a) to (d) shall apply to each of them.

4.11 Reference to Earlier International or International-Type Search

If an international or international-type search has been requested on an
application under Article 15(5), the request may state that fact and
identify the application (or its translation, as the case may be) by
country, date and number, and the request for the said search by date and,
if available, number.

4.12 Choice of Certain Kinds of Protection

(a) If the applicant wishes his international application to be treated, in
any designated State, as an application not for a patent but for the grant
of any of the other kinds of protection specified in Article 43, he shall
so indicate in the request. For the purposes of this paragraph, Article
2(ii) shall not apply.

(b) In the case provided for in Article 44, the applicant shall indicate
the two kinds of protection sought, or, if one of two kinds of protection
is primarily sought, he shall indicate which kind is sought primarily and
which kind is sought subsidiarily.

4.13 Identification of Parent Application or Parent Grant

If the applicant wishes his international application to be treated, in any
designated State, as an application for a patent or certificate of
addition, inventor's certificate of addition, or utility certificate of
addition, he shall identify the parent application or the parent patent,
parent inventor's certificate, or parent utility certificate to which the
patent or certificate of addition, inventor's certificate of addition, or
utility certificate of addition, if granted, relates. For the purposes of
this paragraph, Article 2(ii) shall not apply.

4.14 Continuation or Continuation in Part

If the applicant wishes his international application to be treated, in any
designated State, as an application for a continuation or a
continuation-in-part of an earlier application, he shall so indicate in the
request and shall identify the parent application involved.

4.15 Signature

The request shall be signed by the applicant.

4.16 Transliteration or Translation of Certain Words

(a) Where any name or address is written in characters other than those of
the Latin alphabet, the same shall also be indicated in characters of the
Latin alphabet either as a mere transliteration or through translation into
English. The applicant shall decide which words will be merely
transliterated and which words will be so translated.

(b) The name of any country written in characters other than those of the
Latin alphabet shall also be indicated in English.

4.17 No Additional Matter

(a) The request shall contain no matter other than that specified in Rules
4.1 to 4.16.

(b) If the request contains matter other than that specified in Rule 4.1 to
4.16, the receiving Office shall ex officio delete the additional matter.

RULE 5

THE DESCRIPTION

5.1 Manner of the Description

(a) The description shall first state the title of the invention as
appearing in the request and shall:

(i) specify the technical field to which the invention relates;

(ii) indicate the background art which, as far as known to the
applicant, can be regarded as useful for the understanding, searching and
examination of the invention, and, preferably, cite the documents
reflecting such art;

(iii) disclose the invention, as claimed, in such terms that the
technical problem (even if not expressly stated as such) and its solution
can be understood, and state the advantageous effects, if any, of the
invention with reference to the background art;

(iv) briefly describe the figures in the drawings, if any;

(v) set forth at least the best mode contemplated by the applicant
for carrying out the invention claimed; this shall be done in terms of
examples, where appropriate, and with reference to the drawings, if any;
where the national law of the designated State does not require the
description of the best mode but is satisfied with the description of any
mode (whether it is the best contemplated or not), failure to describe the
best mode contemplated shall have no effect in that State;

(vi) indicate explicitly, when it is not obvious from the description
or nature of the invention, the way in which the invention is capable of
exploitation in industry and the way in which it can be made and used, or,
if it can only be used, the way in which it can be used; the term
"industry" is to be understood in its broadest sense as in the Paris
Convention for the Protection of Industrial Property.

(b) The manner and order specified in paragraph (a) shall be followed
except when, because of the nature of the invention, a different manner or
a different order would result in a better understanding and a more
economic presentation.


(c) Subject to the provisions of paragraph (b), each of the parts referred
to in paragraph (a) shall preferably be preceded by an appropriate heading
as suggested in the Administrative Instructions.

RULE 6

THE CLAIMS

6.1 Number and Numbering of Claims

(a) The number of the claims shall be reasonable in consideration of the
nature of the invention claimed.

(b) If there are several claims, they shall be numbered consecutively in
arabic numerals.

(c) The method of numbering in the case of the amendment of claims shall be
governed by the Administrative Instructions.

6.2 References to Other Parts of the International Application

(a) Claims shall not, except where absolutely necessary, rely, in respect
of the technical features of the invention, on references to the
description or drawings. In particular, they shall not rely on such
references as: "as described in part ... of the description," or "as
illustrated in figure ... of the drawings."

(b) Where the international application contains drawings, the technical
features mentioned in the claims shall preferably be followed by the
reference signs relating to such features. When used, the reference signs
shall preferably be placed between parentheses. If inclusion of reference
signs does not particularly faciLitate quicker understanding of a claim, it
should not be made. Reference signs may be removed by a designated Office
for the purposes of publication by such Office.

6.3 Manner of Claiming

(a) The definition of the matter for which protection is sought shall be in
terms of the technical features of the invention.

(b) Whenever appropriate, claims shall contain:

(i) a statement indicating those technical features of the invention
which are necessary for the definition of the claimed subject matter but
which, in combination, are part of the prior art,

(ii) a characterizing portion--preceded by the words "characterized
in that," "characterized by," "wherein the improvement comprises," or any
other words to the same effect--stating concisely the technical features
which, in combination with the features stated under (i), it is desired to
protect.

(c) Where the national law of the designated State does not require the
manner of claiming provided for in paragraph (b), failure to use that
manner of claiming shall have no effect in that State provided the manner
of claiming actually used satisfies the national law of that State.

6.4 Dependent Claims

(a) Any claim which includes all the features of one or more other claims
(claim in dependent form, hereinafter referred to as "dependent claim")
shall do so by a reference, if possible at the beginning, to the other
claim or claims and shall then state the additional features claimed. Any
dependent claim which refers to more than one other claim ("multiple
dependent claim") shall refer to such claims in the alternative only.
Multiple dependent claims shall not serve as a basis for any other multiple
dependent claim.

(b) Any dependent claim shall be construed as including, all the
limitations contained in the claim to which it refers or, if the dependent
claim is a multiple dependent claim, all the limitations contained in the
particular claim in relation to which it is considered.

(c) All dependent claims referring back to a single previous claim, and all
dependent claims referring back to several previous claims, shall be
grouped together to the extent and in the most practical way possible.

6.5 Utility Models

Any designated State in which the grant of a utility model is sought on the
basis of an international application may, instead of Rules 6.1 to 6.4,
apply in respect of the matters regulated in those Rules the provisions of
its national law concerning utility models once the processing of the
international application has started in that State, provided that the
applicant shall be allowed at least 2 months from the expiration of the
time limit applicable under Article 22 to adapt his application to the
requirements of the said provisions of the national law.

RULE 7

THE DRAWINGS

7.1 Flow Sheets and Diagrams

Flow sheets and diagrams are considered drawings.

7.2 Time Limit

The time limit referred to in Article 7(2)(ii) shall be reasonable under
the circumstances of the case and shall, in no case, be shorter than 2
months from the date of the written invitation requiring the filing of
drawings or additional drawings under the said provision.

RULE 8

THE ABSTRACT

8.1 Contents and Form of the Abstract

(a) The abstract shall consist of the following:

(i) a summary of the disclosure as contained in the description, the
claims, and any drawings; the summary shall indicate the technical field to
which the invention pertains and shall be drafted in a way which allows the
clear understanding of the technical problem, the gist of the solution of
that problem through the invention, and the principal use or uses of the
invention;

(ii) where applicable, the chemical formula which, among all the
formulae contained in the international application, best characterizes the
invention.

(b) The abstract shall be as concise as the disclosure permits (preferably
50 to 150 words if it is in English or when translated into English).

(c) The abstract shall not contain statements on the alleged merits or
value of the claimed invention or on its speculative application.

(d) Each main technical feature mentioned in the abstract and illustrated
by a drawing in the international application shall be followed by a
reference sign, placed between parentheses.

8.2 Failure to Suggest a Figure to be Published with the Abstract

If the applicant fails to make the indication referred to in Rule
3.3(a)(iii), or if the International Searching Authority finds that a
figure or figures other than that figure or those figures suggested by the
applicant would, among all the figures of all the drawings, better
characterize the invention, it shall indicate the figure or figures which
it so considers. Publications by the International Bureau shall then use
the figure or figures so indicated by the International Searching
Authority. Otherwise, the figure or figures suggested by the applicant
shall be used in the said publications.

8.3 Guiding Principles in Drafting

The abstract shall be so drafted that it can efficiently serve as a
scanning tool for purposes of searching in the particular art, especially
by assisting the scientist, engineer or researcher in formulating an
opinion on whether there is a need for consulting the international
application itself,

RULE 9

EXPRESSIONS, ETC., NOT TO BE USED

9.1 Definition

The international application shall not contain:

(i) expressions or drawings contrary to morality;

(ii) expressions or drawings contrary to public order;

(iii) statements disparaging the products or processes of any
particular person other than the applicant, or the merits or validity of
applications or patents of any such person (mere comparisons with the prior
art shall not be considered disparaging per se);

(iv) any statement or other matter obviously irrelevant or
unnecessary under the circumstances.

9.2 Noting of Lack of Compliance

The receiving Office and the International Searching Authority may note
lack of compliance with the prescriptions of Rule 9.1 and may suggest to
the applicant that he voluntarily correct his international application
accordingly. If the lack of compliance was noted by the receiving Office,
that Office shall inform the competent International Searching Authority
and the International Bureau; if the lack of compliance was noted by the
International Searching Authority, that Authority shall inform the
receiving Office and the International Bureau.

9.3 Reference to Article 21(6)

"Disparaging statements," referred to in Article 21(6), shall have the
meaning as defined in Rule 9.1 (iii).

RULE 10

TERMINOLOGY AND SIGNS

10.1 Terminology and Signs

(a) Units of weights and measures shall be expressed in terms of the metric
system, or also expressed in such terms if first expressed in terms of a
different system.

(b) Temperatures shall be expressed in degrees centigrade, or also
expressed in degrees centigrade if first expressed in a different manner.

(c) Density shall be expressed in metric units.

(d) For indications of heat, energy, light, sound, and magnetism, as well
as for mathematical formulae and electrical units, the rules of
international practice shall be observed; for chemical formulae, the
symbols, atomic weights, and molecular formulae, in general use, shall be
employed,

(e) In general, only such technical terms, signs and symbols should be used
as are generally accepted in the art.

(f) When the international application or its translation is in English or
Japanese, the beginning of any decimal fraction shall be marked by a
period, whereas, when the international application or its translation is
in a language other than English or Japanese, it shall be marked by a
comma.

10.2 Consistency

The terminology and the signs shall be consistent throughout the
international application.

RULE 11

PHYSICAL REQUIREMENTS
OF THE INTERNATIONAL APPLICATION

11.1 Number of Copies

(a) Subject to the provisions of paragraph (b), the international
application and each of the documents referred to in the check list (Rule
3.3(a)(ii)) shall be filed in one copy.

(b) Any receiving Office may require that the international application and
any of the documents referred to in the check list (Rule 3.3(a)(ii)),
except the receipt for the fees paid or the check for the payment of the
fees, be filed in two or three copies. In that case, the receiving Office
shall be responsible for verifying the identity of the second and the third
copies with the record copy.

11.2 Fitness for Reproduction

(a) All elements of the international application (i.e., the request, the
description, the claims, the drawings, and the abstract) shall be so
presented as to admit of direct reproduction by photography, electrostatic
processes, photo offset, and microfilming, in any number of copies.

(b) All sheets shall be free from creases and cracks; they shall not be
folded.

(c) Only one side of each sheet shall be used.

(d) Subject to Rule 11.13(j), each sheet shall be used in an upright
position (i.e., the short sides at the top and bottom).

11.3 Material to be Used

All elements of the international application shall be on paper which shall
be flexible, strong, white, smooth, non-shiny, and durable.
11.4 Separate Sheets, Etc.

(a) Each element (request, description, claims, drawings, abstract) of the
international application shall commence on a new sheet.

(b) All sheets of the international application shall be so connected that
they can be easily turned when consulted, and easily separated and joined
again if they have been separated for reproduction purposes.

11.5 Size of Sheets

The size of the sheets shall be A4 (29.7 cm x 21 cm). However, any
receiving Office may accept international applications on sheets of other
sizes provided that the record copy, as transmitted to the International
Bureau, and, if the competent International Searching Authority so desires,
the search copy, shall be of A4 size.

11. 6 Margins

(a) The minimum margins of the sheets containing the request, the
description, the claims, and the abstract, shall be as follows:

- top of first sheet, except that of the request: 8 cm
- top of other sheets: 2 cm
- left side: 2.5 cm
- right side: 2 cm
- bottom: 2 cm

(b) The recommended maximum, for the margins provided for in paragraph (a),
is as follows:

- top of first sheet, except that of the request: 9 cm
- top of other sheets: 4 cm
- left side: 4 cm
- right side: 3 cm
- bottom: 3 cm

(c) On sheets containing drawings, the surface usable shall not exceed 26.2
cm x 17.0 cm. The sheets shall not contain frames around the usable or used
surface. The minimum margins shall be as follows:

- top: 2.5 cm
- left side: 2.5 cm
- right side: 1.5 cm
- bottom: 1.0 cm

(d) The margins referred to in paragraphs (a) to (c) apply to A4-size
sheets, so that, even if the receiving Office accepts other sizes, the
A4-size record copy and, when so required, the A4-size search copy shall
leave the aforesaid margins.

(e) The margins of the international application, when submitted, must be
completely blank.

11.7 Numbering of Sheets

(a) All the sheets contained in the international application shall be
numbered in consecutive arabic numerals.

(b) The numbers shall be placed at the top of the sheet, in the middle, but
not in the margin.

11.8 Numbering of Lines

(a) It is strongly recommended to number every fifth line of each sheet of
the description, and of each sheet of claims.

(b) The numbers should appear on the left side, to the right of the margin.

11.9 Writing of Text Matter

(a) The request, the description, the claims and the abstract shall be
typed or printed.

(b) Only graphic symbols and characters, chemical or mathematical formulae,
and certain characters in the Japanese language may, when necessary, be
written by hand or drawn.

(c) The typing shall be 1 1/2-spaced.

(d) All text matter shall be in characters the capital letters of which are
not less than 0.21 cm high, and shall be in a dark, indelible color,
satisfying the requirements specified in Rule 11.2.

(e) As far as the spacing of the typing and the size of the characters are
concerned, paragraphs (c) and (d) shall not apply to texts in the Japanese
language.

11.10 Drawings, Formulae, and Tables, in Text Matter

(a) The request, the description, the claims and the abstract shall not
contain drawings.

(b) The description, the claims and the abstract may contain chemical or
mathematical formulae.

(c) The description and the abstract may contain tables; any claim may
contain tables only if the subject matter of the claim makes the use of
tables desirable.

11.11 Words in Drawings

(a) The drawings shall not contain text matter, except a single word or
words, when absolutely indispensable, such as "water," "steam," "open,"
"closed," "section on AB," and, in the case of electric circuits and block
schematic or flow sheet diagrams, a few short catch words indispensable for
understanding.

(b) Any words used shall be so placed that, if translated, they may be
pasted over without interfering with any lines of the drawings.

11.12 Alterations, Etc.

Each sheet shall be reasonably free from erasures and shall be free from
alterations, overwritings, and interlineations. Non-compliance with this
Rule may be authorized, in exceptional cases, if the authenticity of the
content is not in question and the requirements for good reproduction are
not in jeopardy.

11.13 Special Requirements for Drawings

(a) Drawings shall be executed in durable, black or blue, sufficiently
dense and dark, uniformly thick and well-defined, lines and strokes without
colorings.

(b) Cross-sections shall be indicated by oblique hatching which should not
impede the clear reading of the reference signs and leading lines.

(c) The scale of the drawings and the distinctness of their graphical
execution shall be such that a photographic reproduction with a linear
reduction in size to two-thirds would enable all details to be
distinguished without difficulty.

(d) When, in exceptional cases, the scale is given on a drawing, it shall
be represented graphically.

(e) All numbers, letters, and reference lines, appearing on the drawings,
shall be simple and clear, Brackets, circles or inverted commas shall not
be used in association with numbers and letters.

(f) All lines in the drawings shall, ordinarily, be drawn with the aid of
drafting instruments.

(g) Each element of each figure shall be in proper proportion to each of
the other elements in the figure, except where the use of a different
proportion is indispensable for the clarity of the figure.

(h) The height of the numbers and letters shall not be less than 0.32 cm.
For the lettering of drawings, the Latin and, where customary, the Greek
alphabets shall be used.

(i) The same sheet of drawings may contain several figures. Where figures
on two or more sheets form in effect a single complete figure, the figures
on the several sheets shall be so arranged that the complete figure can be
assembled without concealing any part of any of the figures appearing on
the various sheets.

(j) The different figures shall be arranged on a sheet or sheets without
wasting space, preferably in an upright position, clearly separated from
one another.

(k) The different figures shall be numbered in arabic numerals
consecutively and independently of the numbering of the sheets.

(l) Reference signs not mentioned in the description shall not appear in
the drawings, and vice versa.

(m) The same features, when denoted by reference signs, shall, throughout
the international application, be denoted by the same signs.

(n) If the drawings contain a large number of reference signs, it is
strongly recommended to attach a separate sheet listing all reference signs
and the features denoted by them.

11.14 Later Documents

Rules 10, and 11.1 to 11.13, also apply to any document--for example,
corrected pages, amended claims--submitted after the filing of the
international application.

11.15 Translations

No designated Office shall require that the translation of an international
application filed with it comply with requirements other than those
prescribed for the international application as filed.

RULE 12

LANGUAGE OF THE INTERNATIONAL APPLICATION

12.1 The International Application
Any international application shall be filed in the language, or one of the
languages, specified in the agreement concluded between the International
Bureau and the International Searching Authority competent for the
international searching of that application, provided that, if the
agreement specifies several languages, the receiving Office may prescribe
among the specified languages that language in which or those languages in
one of which the international application must be filed.

12.2 Changes in the International Application

Any changes in the international application, such as amendments and
corrections, shall be in the same language as the said application (cf.
Rule 66.5).

RULE 13

UNITY OF INVENTION

13.1 Requirement

The international application shall relate to one invention only or to a
group of inventions so linked as to form a single general inventive concept
("requirement of unity of invention").

13.2 Claims of Different Categories

Rule 13.1 shall be construed as permitting, in particular, either of the
following two possibilities:

(i) in addition to an independent claim for a given product, the
inclusion in the same international application of one independent claim
for one process specially adapted for the manufacture of the said product,
and the inclusion in the same international application of one independent
claim for one use of the said product, or

(ii) in addition to an independent claim for a given process, the
inclusion in the same international application of one independent claim
for one apparatus or means specifically designed for carrying out the said
process.

13.3 Claims of One and the Same Category

Subject to Rule 13.1, it shall be permitted to include in the same
international application two or more independent claims of the same
category (i.e., product, process, apparatus, or use) which cannot readily
be covered by a single generic claim.

13.4 Dependent Claims

Subject to Rule 13.1, it shall be permitted to include in the same
international application a reasonable number of dependent claims, claiming
specific forms of the invention claimed in an independent claim, even where
the features of any dependent claim could be considered as constituting in
themselves an invention.

13.5 Utility Models

Any designated State in which the grant of a utility model is sought on the
basis of an international application may, instead of Rules 13.1 to 13.4,
apply in respect of the matters regulated in those Rules the provisions of
its national law concerning utility models once the processing of the
international application has started in that State, provided that the
applicant shall be allowed at least 2 months from the expiration of the
time limit applicable under Article 22 to adapt his application to the
requirements of the said provisions of the national law.

RULE 14

THE TRANSMITTAL FEE

14.1 The Transmittal Fee

(a) Any receiving Office may require that the applicant pay a fee to it,
for its own benefit, for receiving the international application,
transmitting copies to the International Bureau and the competent
International Searching Authority, and performing all the other tasks which
it must perform in connection with the international application in its
capacity of receiving Office ("transmittal fee").

(b) The amount and the due date of the transmittal fee, if any, shall be
fixed by the receiving Office.

RULE 15

THE INTERNATIONAL FEE

15.1 Basic Fee and Designation Fee

Each international application shall be subject to the payment of a fee for
the benefit of the International Bureau ("international fee") consisting of

(i) a "basic fee," and

(ii) as many "designation fees" as there are States designated in the
international application, provided that, where a regional patent is sought
for certain designated States, only one designation fee shall be due for
those States.

15.2 Amounts

(a) The amount of the basic fee shall be:

(i) if the international application contains not more than 30
sheets: US $45.00 or 194 Swiss francs,

(ii) if the international application contains more than 30 sheets:
US $45.00 or 194 Swiss francs plus US $1.00 or 4.30 Swiss francs per sheet
in excess of 30 sheets.

(b) The amount of the designation fee shall be:

(i) for each designated State or each group of designated States for
which the same regional patent is sought which does not require the
furnishing of a copy under Article 13: US $12.00 or 52 Swiss francs,

(ii) for each designated State or each group of designated States for
which the same regional patent is sought which requires the furnishing of a
copy under Article 13: US $14.00 or 60 Swiss francs.

15.3 Mode of Payment

(a) The international fee shall be collected by the receiving Office.

(b) The international fee shall be payable in the currency prescribed by
the receiving Office, it being understood that, when transferred by the
receiving Office to the International Bureau, it shall be freely
convertible into Swiss currency.

15.4 Time of Payment

(a) The basic fee shall be due on the date of receipt of the international
application. However, any receiving Office may, at its discretion, notify
the applicant of any lack of receipt or insufficiency of any amount
received, and permit applicants to pay the basic fee later, without loss of
the international filing date, provided that:

(i) permission shall not be given to pay later than 1 month after the
date of receipt of the international application;

(ii) permission may not be subject to any extra charge.

(b) The designation fee may be paid on the date of receipt of the
international application or on any later date but, at the latest, it must
be paid before the expiration of one year from the priority date.

15.5 Partial Payment

(a) If the applicant specifies the States to which he wishes any amount
paid to be applied as designation fee, the amount shall be applied
accordingly to the number of States which are covered by the amount in the
order specified by the applicant.

(b) If the applicant does not specify any such wish and if the amount or
amounts received by the receiving Office are higher than the basic fee and
one designation fee but lower than what is due according to the number of
the designated States, any amount in excess of the basic fee and one
designation fee shall be treated as designation fees for the States
following the State first named in the request and in the order in which
the States are designated in the request up to and including that
designated State for which the total amount of the designation fee is
covered by the amount or amounts received.

(c) The designation fee for the first mentioned State belonging to a group
of States for which the same regional patent is sought and which is
specified under paragraph (a) or which is reached under paragraph (b)
shall, for the purposes of the said paragraphs, be considered as covering
also the other States of the said group.

15.6 Refund

(a) The international fee shall be refunded to the applicant if the
determination under Article 11(1) is negative.

(b) In no other case shall the international fee be refunded.

RULE 16

THE SEARCH FEE

16.1 Right to Ask for a Fee

(a) Each International Searching Authority may require that the applicant
pay a fee ("search fee") for its own benefit for carrying out the
international search and for performing all other tasks entrusted to
International Searching Authorities by the Treaty and these Regulations.

(b) The search fee shall be collected by the receiving Office. It shall be
payable in the currency prescribed by that Office, it being understood
that, if that currency is not the same as the currency of the State in
which the International Searching Authority is located, the search fee,
when transferred by the receiving Office to that Authority, shall be freely
convertible into the currency of the said State. As to the time of payment
of the search fee, Rule 15.4(a) shall apply.

16.2 Refund

The search fee shall be refunded to the applicant if the determination
under Article 11(1) is negative.

16.3 Partial Refund

Where the international application claims the priority of an earlier
international application which has been the subject of an international
search by the same International Searching Authority, that Authority shall
refund the search fee paid in connection with the later international
application to the extent and under the conditions provided for in the
agreement under Article 16(3)(b), if the international search report on the
later international application could wholly or partly be based on the
results of the international search effected on the earlier international
application.

RULE 17

THE PRIORITY DOCUMENT

17.1 Obligation to Submit Copy of Earlier National Application

(a) Where the priority of an earlier national application is claimed under
Article 8 in the international application, a copy of the said national
application, certified by the authority with which it was filed ("the
priority document"), shall, unless already filed with the receiving Office,
together with the international application, be submitted by the applicant
to the International Bureau not later than 16 months after the priority
date or, in the case referred to in Article 23(2), not later than at the
time the processing or examination is requested.

(b) If the applicant fails to comply with the requirement under paragraph
(a), any designated State may disregard the priority claim.

(c) The International Bureau shall record the date on which it received the
priority document and shall notify the applicant and the designated Offices
accordingly.

17.2 Availability of Copies

(a) The International Bureau shall, at the specific request of the
designated Office, promptly but not before the expiration of the time limit
fixed in Rule 17.1(a), furnish a copy of the priority document to that
Office. No such Office shall ask the applicant himself to furnish it with a
copy, except where it requires the furnishing of a copy of the priority
document together with a certified translation thereof. The applicant shall
not be required to furnish a certified translation to the designated Office
before the expiration of the applicable time limit under Article 22.

(b) The International Bureau shall not make copies of the priority document
available to the public prior to the international publication of the
international application.

(c) Paragraphs (a) and (b) shall apply also to any earlier international
application whose priority is claimed in the subsequent international
application.


RULE 18

THE APPLICANT

18.1 Residence

(a) Subject to the provisions of paragraph (b), the question whether an
applicant is a resident of the Contracting State of which he claims to be a
resident shall depend on the national law of that State and shall be
decided by the receiving Office.

(b) In any case, possession of a real and effective industrial or
commercial establishment in a Contracting State shall be considered
residence in that State.

18.2 Nationality

(a) Subject to the provisions of paragraph (b), the question whether an
applicant is a national of the Contracting State of which he claims to be a
national shall depend on the national law of that State and shall be
decided by the receiving Office.

(b) In any case, a legal entity constituted according to the national law
of a Contracting State shall be considered a national of that State.

18.3 Several Applicants: Same for All Designated States

If all the applicants are applicants for the purposes of all designated
States, the right to file an international application shall exist if at
least one of them is entitled to file an international application
according to Article 9.

18.4 Several Applicants: Different for Different Designated

(a) The international application may indicate different applicants for the
purposes of different designated States, provided that, in respect of each
designated State, at least one of the applicants indicated for the purposes
of that State is entitled to file an international application according to
Article 9.

(b) If the condition referred to in paragraph (a) is not fulfilled in
respect of any designated State, the designation of that State shall be
considered not to have been made.

(c) The International Bureau shall, from time to time, publish information
on the various national laws in respect of the question who is qualified
(inventor, successor in title of the inventor, owner of the invention, or
other) to file a national application and shall accompany such information
by a warning that the effect of the international application in any
designated State may depend on whether the person designated in the
international application as applicant for the purposes of that State is a
person who, under the national law of that State, is qualified to file a
national application.

18.5 Change in the Person or Name of the Applicant

Any change in the person or name of the applicant shall, on the request of
the applicant or the receiving Office, be recorded by the International
Bureau, which shall notify the interested International Searching Authority
and the designated Offices accordingly.

RULE 19

THE COMPETENT RECEIVING OFFICE

19.1 Where to File

(a) Subject to the provisions of paragraph (b), the international
application shall be filed, at the option of the applicant, with the
national Office of or acting for the Contracting State of which the
applicant is a resident or with the national Office of or acting for the
Contracting State of which the applicant is a national.

(b) Any Contracting State may agree with another Contracting State or any
intergovernmental organization that the national Office of the latter State
or the intergovernmental organization shall, for all or some purposes, act
instead of the national Office of the former State as receiving Office for
applicants who are residents or nationals of that former State.
Notwithstanding such agreement, the national Office of the former State
shall be considered the competent receiving Office for the purposes of
Article 15(5).

(c) In connection with any decision made under Article 9(2), the Assembly
shall appoint the national Office or the intergovernmental organization
which will act as receiving Office for applications of residents or
nationals of States specified by the Assembly. Such appointment shall
require the previous consent of the said national Office or
intergovernmental organization.

19.2 Several Applicants

(a) If there are several applicants and they have no common agent, their
common representative within the meaning of Rule 4.8 shall, for the
purposes of the application of Rule 19.1, be considered the applicant.

(b) If there are several applicants and they have a common agent, the
applicant first named in the request who is entitled to file an
international application according to Article 9 shall, for the purposes of
the application of Rule 19.1, be considered the applicant.

19.3 Publication of Fact of Delegation of Duties of Receiving Office

(a) Any agreement referred to in Rule 19.1(b) shall be promptly notified to
the International Bureau by the Contracting State which delegates the
duties of the receiving Office to the national Office of or acting for
another Contracting State or an intergovernmental organization.

(b) The International Bureau shall, promptly upon receipt, publish the
notification in the Gazette.

RULE 20

RECEIPT OF THE INTERNATIONAL APPLICATION

20.1 Date and Number

(a) Upon receipt of papers purporting to be an international application,
the receiving Office shall indelibly mark the date of actual receipt in the
space provided for that purpose in the request form of each copy received
and one of the numbers assigned by the International Bureau to that Office
on each sheet of each copy received.

(b) The place on each sheet where the date or number shall be marked, and
other details, shall be specified in the Administrative Instructions.

20.2 Receipt on Different Days

(a) In cases where all the sheets pertaining to the same purported
international application are not received on the same day by the receiving
Office, that Office shall correct the date marked on the request (still
leaving legible, however, the earlier date or dates already marked) so that
it indicates the day on which the papers completing the international
application were received, provided that

(i) where no invitation under Article 11(2)(a) to correct was sent to
the applicant, the said papers are received within 30 days from the date on
which sheets were first received;

(ii) where an invitation under Article 11(2)(a) to correct was sent
to the applicant, the said papers are received within the applicable time
limit under Rule 20.6;

(iii) in the case of Article 14(2), the missing drawings are received
within 30 days from the date on which the incomplete papers were filed;

(iv) the absence or later receipt of any sheet containing the
abstract or part thereof shall not, in itself, require any correction of
the date marked on the request.

(b) Any sheet received on a date later than the date on which sheets were
first received shall be marked by the receiving Office with the date on
which it was received.

20.3 Corrected International Application

In the case referred to in Article 11(2)(b), the receiving Office shall
correct the date marked on the request (still leaving legible, however, the
earlier date or dates already marked) so that it indicates the day on which
the last required correction was received.

20.4 Determination under Article 11(1)

(a) Promptly after receipt of the papers purporting to be an international
application, the receiving Office shall determine whether the papers comply
with the requirements of Article 11(1).

(b) For the purposes of Article 11(1)(iii)(c), it shall be sufficient to
indicate the name of the applicant in a way which allows his identity to be
established even if the name is misspelled, the given names are not fully
indicated, or, in the case of legal entities, the indication of the name is
abbreviated or incomplete.

20.5 Positive Determination

(a) If the determination under Article 11(1) is positive, the receiving
Office shall stamp in the space provided for that purpose in the request
form the name of the receiving Office and the words "PCT International
Application," or "Demande internationale PCT." If the official language of
the receiving Office is neither English nor French, the words
"International Application" or "Demande internationale" may be accompanied
by a translation of these words in the official language of the receiving
Office.

(b) The copy whose request sheet has been so stamped shall be the record
copy of the international application.

(c) The receiving Office shall promptly notify the applicant of the
international application number and the international filing date.

20.6 Invitation to Correct

(a) The invitation to correct under Article 11(2) shall specify the
requirement provided for under Article 11(1) which, in the opinion of the
receiving Office, has not been fulfilled.

(b) The receiving Office shall promptly mail the invitation to the
applicant and shall fix a time limit, reasonable under the circumstances of
the case, for filing the correction. The time limit shall not be less than
10 days, and shall not exceed 1 month, from the date of the invitation. If
such time limit expires after the expiration of 1 year from the filing date
of any application whose priority is claimed, the receiving Office may call
this circumstance to the attention of the applicant.

20.7 Negative Determination

If the receiving Office does not, within the prescribed time limit, receive
a reply to its invitation to correct, or if the correction offered by the
applicant still does not fulfill the requirements provided for under
Article 11(1), it shall:

(i) promptly notify the applicant that his application is not and
will not be treated as an international application and shall indicate the
reasons therefor,

(ii) notify the International Bureau that the number it has marked on
the papers will not be used as an international application number,

(iii) keep the papers constituting the purported international
application and any correspondence relating thereto as provided in Rule
93.1, and

(iv) send a copy of the said papers to the International Bureau
where, pursuant to a request by the applicant under Article 25(1), the
International Bureau needs such a copy and specially asks for it.

20.8 Error by the Receiving Office

If the receiving Office later discovers, or on the basis of the applicant's
reply realizes, that it has erred in issuing an invitation to correct since
the requirements provided for under Article 11(1) were fulfilled when the
papers were received, it shall proceed as provided in Rule 20.5.

20.9 Certified Copy for the Applicant

Against payment of a fee, the receiving Office shall furnish to the
applicant, on request, certified copies of the international application as
filed and of any corrections thereto.

RULE 21

PREPARATION OP COPIES

21.1 Responsibility of the Receiving Office

(a) Where the international application is required to be filed in one
copy, the receiving Office shall be responsible for preparing the home copy
and the search copy required under Article 12(1).

(b) Where the international application is required to be filed in two
copies, the receiving Office shall be responsible for preparing the home
copy.

(c) If the international application is filed in less than the number of
copies required under Rule 11.1(b), the receiving Office shall be
responsible for the prompt preparation of the number of copies required,
and shall have the right to fix a fee for performing that task and to
collect such fee from the applicant.

RULE 22

TRANSMITTAL OF THE RECORD COPY

22.1 Procedure

(a) If the determination under Article 11(1) is positive, and unless
prescriptions concerning national security prevent the international
application from being treated as such, the receiving Office shall transmit
the record copy to the International Bureau. Such transmittal shall be
effected promptly after receipt of the international application or, if a
check to preserve national security must be performed, as soon as the
necessary clearance has been obtained. In any case, the receiving Office
shall transmit the record copy in time for it to reach the International
Bureau by the expiration of the 13th month from the priority date. If the
transmittal is effected by mail, the receiving Office shall mail the record
copy not later than 5 days prior to the expiration of the 13th month from
the priority date.

(b) If the applicant is not in possession of the notification of receipt
sent by the International Bureau under Rule 24.2(a) by the expiration of 13
months and 10 days from the priority date, he shall have the right to ask
the receiving Office to give him the record copy or, should the receiving
Office allege that it has transmitted the record copy to the International
Bureau, a certified copy based on the home copy.

(c) The applicant may transmit the copy he has received under paragraph (b)
to the International Bureau. Unless the record copy transmitted by the
receiving Office has been received by the International Bureau before the
receipt by that Bureau of the copy transmitted by the applicant, the latter
copy shall be considered the record copy.

22.2 Alternative Procedure

(a) Notwithstanding the provisions of Rule 22.1, any receiving Office may
provide that the record copy of any international application filed with it
shall be transmitted, at the option of the applicant, by the receiving
Office or through the applicant. The receiving Office shall inform the
International Bureau of the existence of any such provision.

(b) The applicant shall exercise the option through a written notice, which
he shall file together with the international application. If he fails to
exercise the said option, the applicant shall be considered to have opted
for transmittal by the receiving Office.

(c) Where the applicant opts for transmittal by the receiving Office, the
procedure shall be the same as that provided for in Rule 22.1.

(d) Where the applicant opts for transmittal through him, he shall indicate
in the notice referred to in paragraph (b) whether he wishes to collect the
record copy at the receiving Office or wishes the receiving Office to mail
the record copy to him. If the applicant expresses the wish to collect the
record copy, the receiving Office shall hold that copy at the disposal of
the applicant as soon as the clearance referred to in Rule 22.1(a) has been
obtained and, in any case, including the case where a check for such
clearance must be performed, not later than 10 days before the expiration
of 13 months from the priority date. If, by the expiration of the time
limit for receipt of the record copy by the International Bureau, the
applicant has not collected that copy, the receiving Office shall notify
the International Bureau accordingly. If the applicant expresses the wish
that the receiving Office mail the record copy to him or fails to express
the wish to collect the record copy, the receiving Office shall mail that
copy to the applicant as soon as the clearance referred to in Rule 22.1(a)
has been obtained and, in any case, including the case where a check for
such clearance must be performed, not later than 15 days before the
expiration of 13 months from the priority date.
(e) Where the receiving Office does not hold the record copy at the
disposal of the applicant by the date fixed in paragraph (d), or where,
after having asked for the record copy to be mailed to him, the applicant
has not received that copy at least 10 days before the expiration of 13
months from the priority date, the applicant may transmit a copy of his
international application to the International Bureau. This copy
("provisional record copy") shall be replaced by the record copy or, if the
record copy has been lost, by a substitute record copy certified by the
receiving Office on the basis of the home copy, as soon as practicable and,
in any case, before the expiration of 14 months from the priority date.

22.3 Time Limit under Article 12(3)

(a) The time limit referred to in Article 12(3) shall be:

(i) where the procedure under Rule 22.1 or Rule 22.2(c) applies, 14
months from the priority date;

(ii) where the procedure under Rule 22.2(d) applies, 13 months from
the priority date, except that, where a provisional record copy is filed
under Rule 22.2(e), it shall be 13 months from the priority date for the
filing of the provisional record copy, and 14 months from the priority date
for the filing of the record copy.

(b) Article 48(1) and Rule 82 shall not apply to the transmittal of the
record copy Article 48(2) remains applicable.

22.4 Statistics Concerning Non-Compliance with Rules 22.1 and 22.2

The number of instances in which, according to the knowledge of the
International Bureau, any receiving Office has not complied with the
requirements of Rules 22.1 and/or 22.2 shall be indicated, once a year, in
the Gazette.

22.5 Documents Filed with the International Application

For the purposes of the present Rule, the term "record copy" shall include
also any document filed with the international application referred to in
Rule 3.3(a)(ii). If any document referred to in Rule 3.3(a)(ii) which is
indicated in the check list as accompanying the international application
is not, in fact, filed at the latest by the time the record copy leaves the
receiving Office, that Office shall so note on the check list and the said
indication shall be considered as if it had not been made.

RULE 23

TRANSMITTAL OF THE SEARCH COPY

23.1 Procedure

(a) The search copy shall be transmitted by the receiving Office to the
International Searching Authority at the latest on the same day as the
record copy is transmitted to the International Bureau or, under Rule
22.2(d), to the applicant.

(b) If the International Bureau has not received, within 10 days from the
receipt of the record copy, information from the International Searching
Authority that that Authority is in possession of the search copy, the
International Bureau shall promptly transmit a copy of the international
application to the International Searching Authority. Unless the
International Searching Authority has erred in alleging that it was not in
possession of the search copy by the expiration of the 13th month from the
priority date, the cost of making a copy for that Authority shall be
reimbursed by the receiving Office to the International Bureau.
(c) The number of instances in which, according to the knowledge of the
International Bureau, any receiving Office has not complied with the
requirement of Rule 23.1(a) shall be indicated, once a year, in the
Gazette.

RULE 24

RECEIPT OF THE RECORD COPY BY THE INTERNATIONAL BUREAU

24.1 Recording of Date of Receipt of the Record Copy

The International Bureau shall, upon receipt of the record copy, mark on
the request sheet the date of receipt and on all sheets of the
international application the stamp of the International Bureau.

24.2 Notification of Receipt of the Record Copy

(a) Subject to the provisions of paragraph (b), the International Bureau
shall promptly notify the applicant, the receiving Office, the
International Searching Authority, and all designated Offices, of the fact
and the date of receipt of the record copy. The notification shall identify
the international application by its number, the international filing date,
the name of the applicant, and the name of the receiving Office, and shall
indicate the filing date of any earlier application whose priority is
claimed. The notification sent to the applicant shall also contain the list
of the designated Offices which have been notified under this paragraph,
and shall, in respect of each designated Office, indicate any applicable
time limit under Article 22(3).

(b) If the record copy is received after the expiration of the time limit
fixed in Rule 22.3, the International Bureau shall promptly notify the
applicant, the receiving Office, and the International Searching Authority,
accordingly.

RULE 25

RECEIPT OF THE SEARCH COPY BY THE
INTERNATIONAL SEARCHING AUTHORITY

25.1 Notification of Receipt of the Search Copy

The International Searching Authority shall promptly notify the
International Bureau, the applicant, and--unless the International
Searching Authority is the same as the receiving Office--the receiving
Office, of the fact and the date of receipt of the search copy.

RULE 26

CHECKING AND CORRECTING CERTAIN ELEMENTS
OF THE INTERNATIONAL APPLICATION

26.1 Time Limit for Check

(a) The receiving Office shall issue the invitation to correct provided for
in Article 14(1)(b) as soon as possible, preferably within 1 month from the
receipt of the international application.

(b) If the receiving Office issues an invitation to correct the defect
referred to in Article 14(1)(a)(iii) or (iv) (missing title or missing
abstract), it shall notify the International Searching Authority
accordingly.

26.2 Time Limit for Correction

The time limit referred to in Article 14(1)(b) shall be reasonable under
the circumstances of the particular case and shall be fixed in each case by
the receiving Office. It shall not be less than 1 month and normally not
more than 2 months from the date of the invitation to correct.

26.3 Checking of Physical Requirements under Article 14(1)(a)(v)

The physical requirements referred to in Rule 11 shall be checked to the
extent that compliance therewith is necessary for the purpose of reasonably
uniform international publication.

26.4 Procedure

(a) Any correction offered to the receiving Office may be stated in a
letter addressed to that Office if the correction is of such a nature that
it can be transferred from the letter to the record copy without adversely
affecting the clarity and the direct reproducibility of the sheet on to
which the correction is to be transferred; otherwise, the applicant shall
be required to submit a replacement sheet embodying the correction and the
letter accompanying the replacement sheet shall draw attention to the
differences between the replaced sheet and the replacement sheet.

(b) The receiving Office shall mark on each replacement sheet the
international application number, the date on which it was received, and
the stamp identifying the Office. It shall keep in its files a copy of the
letter containing the correction or, when the correction is contained in a
replacement sheet, the replaced sheet, the letter accompanying the
replacement sheet, and a copy of the replacement sheet.

(c) The receiving Office shall promptly transmit the letter and any
replacement sheet to the International Bureau. The International Bureau
shall transfer to the record copy the corrections requested in a letter,
together with the indication of the date of its receipt by the receiving
Office, and shall insert any replacement sheet in the record copy. The
letter and any replaced sheet shall be kept in the files of the
International Bureau.

(d) The receiving Office shall promptly transmit a copy of the letter and
any replacement sheet to the International Searching Authority.

26.5 Correction of Certain Elements

(a) The receiving Office shall decide whether the applicant has submitted
the correction within the prescribed time limit. If the correction has been
submitted within the prescribed time limit, the receiving Office shall
decide whether the international application so corrected is or is not to
be considered withdrawn.

(b) The receiving Office shall mark on the papers containing the correction
the date on which it received such papers.

26.6 Missing Drawings

(a) If, as provided in Article 14(2), the international application refers
to drawings which in fact are not included in that application, the
receiving Office shall so indicate in the said application.

(b) The date on which the applicant receives the notification provided for
in Article 14(2) shall have no effect on the time limit fixed under Rule
20.2(a)(iii).

RULE 27

LACK OF PAYMENT OF FEES

27.1 Fees

(a) For the purposes of Article 14(3)(a), "fees prescribed under Article
3(4)(iv)" means: the transmittal fee (Rule 14), the basic fee part of the
international fee (Rule 15.1(i)), and the search fee (Rule 16).

(b) For the purposes of Article 14(3)(a) and (b), "the fee prescribed under
Article 4(2)" means the designation fee part of the international fee (Rule
15.1(ii)).

RULE 28

DEFECTS NOTED BY THE INTERNATIONAL BUREAU
OR THE INTERNATIONAL SEARCHING AUTHORITY

28.1 Note on Certain Defects

(a) If, in the opinion of the International Bureau or of the International
Searching Authority, the international application contains any of the
defects referred to in Article 14(1)(a)(i), (ii), or (v), the International
Bureau or the International Searching Authority, respectively, shall bring
such defects to the attention of the receiving Office.

(b) The receiving Office shall, unless it disagrees with the said opinion,
proceed as provided in Article 14(1)(b) and Rule 26.

RULE 29

INTERNATIONAL APPLICATIONS OR DESIGNATIONS
CONSIDERED WITHDRAWN UNDER ARTICLE 14(1), (3) OR (4)

29.1 Finding by Receiving Office

(a) If the receiving Office declares, under Article 14(1)(b) and Rule 26.5
(failure to correct certain defects), or under Article 14(3)(a) (failure to
pay the prescribed fees under Rule 27.1(a)), or under Article 14(4) (later
finding of non-compliance with the requirements listed in items (i) to
(iii) of Article 11(1)), that the international application is considered
withdrawn:

(i) the receiving Office shall transmit the record copy (unless
already transmitted), and any correction offered by the applicant, to the
International Bureau;

(ii) the receiving Office shall promptly notify both the applicant
and the International Bureau of the said declaration, and the International
Bureau shall in turn notify the interested designated Offices;

(iii) the receiving Office shall not transmit the search copy as
provided in Rule 23, or, if such copy has already been transmitted, it
shall notify the International Searching Authority of the said declaration;

(iv) the International Bureau shall not be required to notify the
applicant of the receipt of the record copy.

(b) If the receiving Office declares under Article 14(3)(b) (failure to pay
the prescribed designation fee under Rule 27.1(b)) that the designation of
any given State is considered withdrawn, the receiving Office shall
promptly notify both the applicant and the International Bureau of the said
declaration. The International Bureau shall ln turn notify the interested
national Office.

29.2 Finding by Designated Office

Where the effect of the international application ceases in any designated
State by virtue of Article 24(1)(iii), or where such effect is maintained
in any designated State by virtue of Article 24(2), the competent
designated Office shall promptly notify the International Bureau
accordingly.

29.3 Calling Certain Facts to the Attention of the Receiving Office

If the International Bureau or the International Searching Authority
considers that the receiving Office should make a finding under Article
14(4), it shall call the relevant facts to the attention of the receiving
Office.

29.4 Notification of Intent to Make Declaration under Article 14.4

Before the receiving Office issues any declaration under Article 14(4), it
shall notify the applicant of its intent to issue such declaration and the
reasons therefor. The applicant may, if he disagrees with the tentative
finding of the receiving Office, submit arguments to that effect within 1
month from the notification.

RULE 30

TIME LIMIT UNDER ARTICLE 14(4)

30.1 Time Limit

The time limit referred to in Article 14(4) shall be 6 months from the
international filing date.

RULE 31

COPIES REQUIRED UNDER ARTICLE 13

31.1 Request for Copies

(a) Requests under Article 13(1) may relate to all, some kinds of, or
individual international applications in which the national Office making
the request is designated. Requests for all or some kinds of such
international applications must be renewed for each year by means of a
notification addressed by that Office before November 30 of the preceding
year to the International Bureau.

(b) Requests under Article 13(2)(b) shall be subject to the payment of a
fee covering the cost of preparing and mailing the copy.

31.2 Preparation of Copies

The preparation of copies required under Article 13 shall be the
responsibility of the International Bureau.

RULE 32

WITHDRAWAL OF THE INTERNATIONAL APPLICATION
OR OP DESIGNATIONS

32.1 Withdrawals

(a) The applicant may withdraw the international application prior to the
expiration of 20 months from the priority date except as to any designated
State in which national processing or examination has already started. He
may withdraw the designation of any designated State prior to the date on
which processing or examination may start in that State.

(b) Withdrawal of the designation of all designated States shall be treated
as withdrawal of the international application.

(c) Withdrawal shall be effected by a signed notice from the applicant to
the International Bureau or, if the record copy has not yet been sent to
the International Bureau, to the receiving Office. In the case of Rule
4.8(b), the notice shall require the signature of all the applicants.

(d) Where the record copy has already been sent to the International
Bureau, the fact of withdrawal, together with the date of receipt of the
notice effecting withdrawal, shall be recorded by the International Bureau
and promptly notified by it to the receiving Office, the applicant, the
designated Offices affected by the withdrawal, and, where the withdrawal
concerns the international application and where the international search
report or the declaration referred to in Article 17(2)(a) has not yet
issued, the International Searching Authority.

RULE 33

RELEVANT PRIOR ART FOR THE INTERNATIONAL SEARCH

33.1 Relevant Prior Art for the International Search

(a) For the purposes of Article 15(2), relevant prior art shall consist of
everything which has been made available to the public anywhere in the
world by means of written disclosure (including drawings and other
illustrations) and which is capable of being of assistance in determining
that the claimed invention is or is not new and that it does or does not
involve an inventive step (i.e., that it is or is not obvious), provided
that the making available to the public occurred prior to the international
filing date.

(b) When any written disclosure refers to an oral disclosure, use,
exhibition, or other means whereby the contents of the written disclosure
were made available to the public, and such making available to the public
occurred on a date prior to the international filing date, the
international search report shall separately mention that fact and the date
on which it occurred if the making available to the public of the written
disclosure occurred on a date posterior to the international filing date.

(c) Any published application or any patent whose publication date is later
but whose filing date, or, where applicable, claimed priority date, is
earlier than the international filing date of the international application
searched, and which would constitute relevant prior art for the purposes of
Article 15(2) had it been published prior to the international filing date,
shall be specially mentioned in the international search report.

33.2 Fields to be Covered by the International Search

(a) The international search shall cover all those technical fields, and
shall be carried out on the basis of all those search files, which may
contain material pertinent to the invention.

(b) Consequently, not only shall the art in which the invention is
classifiable be searched but also analogous arts regardless of where
classified.


(c) The question what arts are, in any given case, to be regarded as
analogous shall be considered in the light of what appears to be the
necessary essential function or use of the invention and not only the
specific functions expressly indicated in the international application.

(d) The international search shall embrace all subject matter that is
generally recognized as equivalent to the subject matter of the claimed
invention for all or certain of its features, even though, in its
specifics, the invention as described in the international application is
different.

33.3 Orientation of the International Search

(a) International search shall be made on the basis of the claims, with due
regard to the description and the drawings (if any) and with particular
emphasis on the inventive concept towards which the claims are directed.

(b) In so far as possible and reasonable, the international search shall
cover the entire subject matter to which the claims are directed or to
which they might reasonably be expected to be directed after they have been
amended.

RULE 34

MINIMUM DOCUMENTATION

34.1 Definition

(a) The definitions contained in Article 2(i) and (ii) shall not apply for
the purposes of this Rule.

(b) The documentation referred to in Article 15(4) ("minimum
documentation") shall consist of:

(i) the "national patent documents" as specified in paragraph (c),

(ii) the published international (PCT) applications, the published
regional applications for patents and inventors' certificates, and the
published regional patents and inventors' certificates,

(iii) such other published items of non-patent literature as the
International Searching Authorities shall agree upon and which shall be
published in a list by the International Bureau when agreed upon for the
first time and whenever changed.

(c) Subject to paragraphs (d) and (e), the "national patent documents"
shall be the following:

(i) the patents issued in and after 1920 by France, the former
Reichspatentamt of Germany, Japan, the Soviet Union, Switzerland (in French
and German languages only), the United Kingdom, and the United States of
America,

(ii) the patents issued by the Federal Republic of Germany,

(iii) the patent applications, if any, published in and after 1920 in
the countries referred to in items (i) and (ii),

(iv) the inventors' certificates issued by the Soviet Union,

(v) the utility certificates issued by, and the published
applications for utility certificates of, France.

(vi) such patents issued by, and such patent applications published
in, any other country after 1920 as are in the English, French, or German
language and in which no priority is claimed, provided that the national
Office of the interested country sorts out these documents and places them
at the disposal of each International Searching Authority.

(d) Where an application is republished once (for example, an
Offenlegungschrift as an Auslegeschrift) or more than once, no
International Searching Authority shall be obliged to keep all versions in
its documentation; consequently, each such Authority shall be entitled not
to keep more than one version. Furthermore, where an application is granted
and is issued in the form of a patent or a utility certificate (France), no
International Searching Authority shall be obliged to keep both the
application and the patent or utility certificate (France) in its
documentation; consequently, each such Authority shall be entitled to keep
either the application only or the patent or utility certificate (France)
only.

(e) Any International Searching Authority whose official language, or one
of whose official languages, is not Japanese or Russian is entitled not to
include in its documentation those patent documents of Japan and the Soviet
Union, respectively, for which no abstracts in the English language are
generally available. English abstracts becoming generally available after
the date of entry into force of these Regulations shall require the
inclusion of the patent documents to which the abstracts refer no later
than 6 months after such abstracts become generally available. In case of
the interruption of abstracting services in English in technical fields in
which English abstracts were formerly generally available, the Assembly
shall take appropriate measures to provide for the prompt restoration of
such services in the said fields.

(f) For the purposes of this Rule, applications which have only been laid
open for public inspection are not considered published applications.

RULE 35

THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY

35.1 When Only One International Searching Authority is Competent

Each receiving Office shall, in accordance with the terms of the applicable
agreement referred to in Article 16(3)(b), inform the International Bureau
which International Searching Authority is competent for the searching of
the international applications filed with it, and the International Bureau
shall promptly publish such information.

35.2 When Several International Searching Authorities are Competent

(a) Any receiving Office may, in accordance with the terms of the
applicable agreement referred to in Article 16(3)(b), specify several
International Searching Authorities:

(i) by declaring all of them competent for any international
application filed with it, and leaving the choice to the applicant, or

(ii) by declaring one or more competent for certain kinds of
international applications filed with it, and declaring one or more others
competent for other kinds of international applications filed with it,
provided that, for those kinds of international applications for which
several International Searching Authorities are declared to be competent,
the choice shall be left to the applicant.

(b) Any receiving Office availing itself of the faculty provided in
paragraph (a) shall promptly inform the International Bureau, and the
International Bureau shall promptly publish such information.

RULE 36

MINIMUM REQUIREMENTS FOR
INTERNATIONAL SEARCHING AUTHORITIES

36.1 Definition of Minimum Requirements

The minimum requirements referred to in Article 16(3)(c) shall be the
following:

(i) the national Office or intergovernmental organization must have
at least 100 full-time employees with sufficient technical qualifications
to carry out searches;

(ii) that Office or organization must have in its possession at least
the minimum documentation referred to in Rule 34, properly arranged for
search purposes;

(iii) that Office or organization must have a staff which is capable
of searching the required technical fields and which has the language
facilities to understand at least those languages in which the minimum
documentation referred to in Rule 34 is written or is translated.

RULE 37

MISSING OR DEFECTIVE TITLE

37.1 Lack of Title

If the international application does not contain a title and the receiving
Office has notified the International Searching Authority that it has
invited the applicant to correct such defect, the International Searching
Authority shall proceed with the international search unless and until it
receives notification that the said application is considered withdrawn.

37.2 Establishment of Title

If the international application does not contain a title and the
International Searching Authority has not received a notification from the
receiving Office to the effect that the applicant has been invited to
furnish a title, or if the said Authority finds that the title does not
comply with Rule 4.3, it shall itself establish a title.

RULE 38

MISSING ABSTRACT

38.1 Lack of Abstract

If the international application does not contain an abstract and the
receiving Office has notified the International Searching Authority that it
has invited the applicant to correct such defect, the International
Searching Authority shall proceed with the international search unless and
until it receives notification that the said application is considered
withdrawn.

38.2 Establishment of Abstract

(a) If the international application does not contain an abstract and the
International Searching Authority has not received a notification from the
receiving Office to the effect that the applicant has been invited to
furnish an abstract, or if the said Authority finds that the abstract does
not comply with Rule 8, it shall itself establish an abstract (in the
language in which the international application is published). In the
latter case, it shall invite the applicant to comment on the abstract
established by it within 1 month from the date of the invitation.

(b) The definitive contents of the abstract shall be determined by the
International Searching Authority.

RULE 39

SUBJECT MATTER UNDER ARTICLE 17(2)(a)(i)

39.1 Definition

No International Searching Authority shall be required to search an
international application if, and to the extent to which, its subject
matter is any of the following:

(i) scientific and mathematical theories,

(ii) plant or animal varieties or essentially biological processes
for the production of plants and animals, other than microbiological
processes and the products of such processes,

(iii) schemes, rules or methods of doing business, performing purely
mental acts or playing games,

(iv) methods for treatment of the human or animal body by surgery or
therapy, as well as diagnostic methods,

(v) mere presentations of information,

(vi) computer programs to the extent that the International Searching
Authority is not equipped to search prior art concerning such programs.

RULE 40

LACK OF UNITY OF INVENTION (INTERNATIONAL SEARCH)

40.1 Invitation to Pay

The invitation to pay additional fees provided for in Article 17(3)(a)
shall specify the reasons for which the international application is not
considered as complying with the requirement of unity of invention and
shall indicate the amount to be paid.

40.2 Additional Fees

(a) The amount of the additional fee due for searching under Article
17(3)(a) shall be determined by the competent International Searching
Authority.

(b) The additional fee due for searching under Article 17(3)(a) shall be
payable direct to the International Searching Authority.

(c) Any applicant may pay the additional fee under protest, that is,
accompanied by a reasoned statement to the effect that the international
application complies with the requirement of unity of invention or that the
amount of the required additional fee is excessive. Such protest shall be
examined by a three-member board or other special instance of the
International Searching Authority or any competent higher authority, which,
to the extent that it finds the protest justified, shall order the total or
partial reimbursement to the applicant of the additional fee, On the
request of the applicant, the text of both the protest and the decision
thereon shall be notified to the designated Offices together with the
international search report. The applicant shall submit any translation
thereof with the furnishing of the translation of the international
application required under Article 22.

(d) The three-member board, special instance or competent higher authority,
referred to in paragraph (c), shall not comprise any person who made the
decision which is the subject of the protest.
40.3 Time Limit

The time limit provided for in Article 17(3)(a) shall be fixed, in each
case, according to the circumstances of the case, by the International
Searching Authority; it shall not be shorter than 15 or 30 days,
respectively, depending on whether the applicant's address is in the same
country as or in a different country from that in which the International
Searching Authority is located, and it shall not be longer than 45 days,
from the date of the invitation.

RULE 41

THE INTERNATIONAL-TYPE SEARCH

41.1 Obligation to Use Results; Refund of Fee

If reference has been made in the request, in the form provided for in Rule
4.11, to an international-type search carried out under the conditions set
out in Article 15(5), the International Searching Authority shall, to the
extent possible, use the results of the said search in establishing the
international search report on the international application. The
International Searching Authority shall refund the search fee, to the
extent and under the conditions provided for in the agreement under Article
16(3)(b), if the international search report could wholly or partly be
based on the results of the international-type search.

RULE 42

TIME LIMIT FOR INTERNATIONAL SEARCH

42.1 Time Limit for International Search

All agreements concluded with International Searching Authorities shall
provide for the same time limit for establishing the international search
report or the declaration referred to in Article 17(2)(a). This time limit
shall not exceed 3 months from the receipt of the search copy by the
International Searching Authority, or 9 months from the priority date,
whichever time limit expires later. For a transitional period of 3 years
from the entry into force of the Treaty, time limits for the agreement with
any International Searching Authority may be individually negotiated,
provided that such time limits shall not extend by more than 2 months the
time limits referred to in the preceding sentence and in any case shall not
go beyond the expiration of the 18th month after the priority date.

RULE 43

THE INTERNATIONAL SEARCH REPORT

43.1 Identifications

The international search report shall identify the International Searching
Authority which established it by indicating the name of such Authority,
and the international application by indicating the international
application number, the name of the applicant, the name of the receiving
Office, and the international filing date.


43.2 Dates

The international search report shall be dated and shall indicate the date
on which the international search was actually completed. It shall also
indicate the filing date of any earlier application whose priority is
claimed.

43.3 Classification

(a) The international search report shall contain the classification of the
subject matter at least according to the International Patent
Classification.

(b) Such classification shall be effected by the International Searching
Authority.

43.4 Language

Every international search report and any declaration made under Article
17(2)(a) shall be in the language in which the international application to
which it relates is published.

43.5 Citations

(a) The international search report shall contain the citations of the
documents considered to be relevant.

(b) The method of identifying any cited document shall be regulated by the
Administrative Instructions.

(c) Citations of particular relevance shall be specially indicated.

(d) Citations which are not relevant to all the claims shall be cited in
relation to the claim or claims to which they are relevant.

(e) If only certain passages of the cited document are relevant or
particularly relevant, they shall be identified, for example, by indicating
the page, the column, or the lines, where the passage appears.

43.6 Fields Searched

(a) The international search report shall list the classification
identification of the fields searched. If that identification is effected
on the basis of a classification other than the International Patent
Classification, the International Searching Authority shall publish the
classification used.

(b) If the international search extended to patents, inventors'
certificates, utility certificates, utility models, patents or certificates
of addition, inventors' certificates of addition, utility certificates of
addition, or published applications for any of those kinds of protection,
of States, periods, or languages, not included in the minimum documentation
as defined in Rule 34, the international search report shall, when
practicable, identify the kinds of documents, the States, the periods, and
the languages to which it extended. For the purposes of this paragraph,
Article 2(ii) shall not apply.

43.7 Remarks Concerning Unity of Invention

If the applicant paid additional fees for the international search, the
international search report shall so indicate. Furthermore, where the
international search was made on the main invention only (Article
17(3)(a)), the international search report shall indicate what parts of the
international application were and what parts were not searched.

43.8 Signature

The international search report shall be signed by an authorized officer of
the International Searching Authority.

43.9 No Other Matter
The international search report shall contain no matter other than that
enumerated in Rules 33.1(b) and (c), 43.1, 2, 3, 5, 6, 7 and 8, and 44.2(a)
and (b), and the indication referred to in Article 17(2)(b). In particular,
it shall contain no expressions of opinion, reasoning, arguments, or
explanations.

43.10 Form

The physical requirements as to the form of the international search report
shall be prescribed by the Administrative Instructions.

RULE 44

TRANSMITTAL OF THE INTERNATIONAL SEARCH REPORT, ETC.

44.1 Copies of Report or Declaration

The International Searching Authority shall, on the same day, transmit one
copy of the international search report or the declaration referred to in
Article 17(2)(a) to the International Bureau and one copy to the applicant.

44.2 Title or Abstract

(a) Subject to paragraphs (b) and (c), the international search report
shall either state that the International Searching Authority approves the
title and the abstract as submitted by the applicant or be accompanied by
the text of the title and/or abstract as established by the International
Searching Authority under Rules 37 and 38.

(b) If, at the time the international search is completed, the time limit
allowed for the applicant to comment on any suggestion of the International
Searching Authority in respect of the abstract has not expired, the
international search report shall indicate that it is incomplete as far as
the abstract is concerned.

(c) As soon as the time limit referred to in paragraph (b) has expired, the
International Searching Authority shall notify the abstract approved or
established by it to the International Bureau and to the applicant.

44.3 Copies of Cited Documents

(a) The request referred to in Article 20(3) may be presented any time
during 7 years from the international filing date of the international
application to which the international search report relates.

(b) The International Searching Authority may require that the party
(applicant or designated Office) presenting the request pay to it the cost
of preparing and mailing the copies. The level of the cost of preparing,
copies shall be provided for in the agreements referred to in Article
16(3)(b) between the International Searching Authorities and the
International Bureau,

(c) Any International Searching Authority not wishing to send copies direct
to any designated Office shall send a copy to the International Bureau and
the International Bureau shall then proceed as provided in paragraphs (a)
and (b).

(d) Any International Searching Authority may perform the obligations
referred to in (a) to (c) through another agency responsible to it.

RULE 45

TRANSLATION OF THE INTERNATIONAL SEARCH REPORT

45.1 Languages

International search reports and declarations referred to in Article
17(2)(a) shall, when not in English, be translated into English.

RULE 46

AMENDMENT OF CLAIMS BEFORE THE INTERNATIONAL BUREAU

46.1 Time Limit

The time limit referred to in Article 19 shall be 2 months from the date of
transmittal of the international search report to the International Bureau
and to the applicant by the International Searching Authority or, when such
transmittal takes place before the expiration of 14 months from the
priority date, 3 months from the date of such transmittal.

46.2 Dating of Amendments

The date of receipt of any amendment shall be recorded by the International
Bureau and shall be indicated by it in any publication or copy issued by
it.

46.3 Language of Amendments

If the international application has been filed in a language other than
the language in which it is published by the International Bureau, any
amendment made under Article 19 shall be both in the language in which the
international application has been filed and in that in which it is
published.

46.4 Statement

(a) The statement referred to in Article 19(1) shall be in the language in
which the international application is published and shall not exceed 500
words if in the English language or if translated into that language.

(b) The statement shall contain no comments on the international search
report or the relevance of the citations contained in that report. The
statement may refer to a citation contained in the international search
report only in order to indicate that a specific amendment of the claims is
intended to avoid the document cited.

146.5 Form of Amendments

(a) The applicant shall be required to submit a replacement sheet for every
sheet of the claims which, on account of an amendment or amendments under
Article 19, differs from the sheet originally filed. The letter
accompanying the replacement sheets shall draw attention to the differences
between the replaced sheets and the replacement sheets. To the extent that
any amendment results in the cancellation of an entire sheet, that
amendment shall be communicated in a letter.

(b) The International Bureau shall mark on each replacement sheet the
international application number, the date on which it was received, and
the stamp identifying the International Bureau. It shall keep in its files
any replaced sheet, the letter accompanying the replacement sheet or
sheets, and any letter referred to in the last sentence of paragraph (a).

(c) The International Bureau shall insert any replacement sheet in the
record copy and, in the case referred to in the last sentence of paragraph
(a), shall indicate the cancellations in the record copy.

RULE 47
COMMUNICATION TO DESIGNATED OFFICES

47.1 Procedure

(a) The communication provided for in Article 20 shall be effected by the
International Bureau.

(b) Such communication shall be effected promptly after the International
Bureau has received amendments from the applicant, or a declaration that
the applicant does not wish to make amendments before the International
Bureau, or, in any case, when the time limit provided for in Rule 46.1 has
expired. Where, under Article 17(2)(a), the International Searching
Authority has made a declaration that no international search report will
be established, the communication provided for in Article 20 shall be
effected, unless the international application is withdrawn, within 1 month
from the date on which the International Bureau has been notified of the
said declaration by the International Searching Authority; such
communication shall be accompanied by an indication of the date of the
notification sent to the applicant under Article 17(2)(a).

(c) The International Bureau shall send a notice to the applicant
indicating the designated Offices to which the communication has been
effected and the date of such communication. Such notice shall be sent on
the same day as the communication.

(d) Each designated Office shall, when it so requires, receive the
international search reports and the declarations referred to in Article
17(2)(a) also in the translation referred to in Rule 45.1.

(e) Where any designated office has waived the requirement provided under
Article 20, the copies of the documents which otherwise would have been
sent to that Office shall, at the request of that Office or the applicant,
be sent to the applicant at the time of the notice referred to in paragraph
(c).

47.2 Copies

(a) The copies required for communication shall be prepared by the
International Bureau.

(b) They shall be on sheets of A4 size.

47.3 Languages

The international application communicated under Article 20 shall be in the
language in which it is published provided that if that language is
different from the language in which it was filed it shall, on the request
of the designated Office, be communicated in either or both of these
languages.

RULE 48

INTERNATIONAL PUBLICATION

48.1 Form

(a) The international application shall be published in the form of a
pamphlet.

(b) The particulars regarding the form of the pamphlet and the method of
reproduction shall be governed by the Administrative Instructions.

48.2 Contents

(a) The pamphlet shall contain:

(i) a standardized front page,

(ii) the description,

(iii) the claims,

(iv) the drawings, if any,

(v) subject to paragraph (g), the international search report or the
declaration under Article 17(2)(a).

(vi) any statement filed under Article 19(1), unless the
International Bureau finds that the statement does not comply with the
provisions of Rule 46.4.

(b) Subject to paragraph (c), the front page shall include:

(i) data taken from the request sheet and such other data as are
prescribed by the Administrative Instructions,

(ii) a figure or figures where the international application contains
drawings,

(iii) the abstract; if the abstract is both in English and in another
language, the English text shall appear first.

(c) Where a declaration under Article 17(2)(a) has issued, the front page
shall conspicuously refer to that fact and need include neither a drawing
nor an abstract.

(d) The figure or figures referred to in paragraph (b)(ii) shall be
selected as provided in Rule 8.2. Reproduction of such figure or figures on
the front page may be in a reduced form.

(e) If there is not enough room on the front page for the totality of the
abstract referred to in paragraph (b)(iii), the said abstract shall appear
on the back of the front page. The same shall apply to the translation of
the abstract when such translation is required to be published under Rule
48.3(c).

(f) If the claims have been amended under Article 19, the publication shall
contain either the full text of the claims both as filed and as amended or
the full text of the claims as filed and specify the amendments. Any
statement referred to in Article 19(1) shall be included as well, unless
the International Bureau finds that the statement does not comply with the
provisions of Rule 46.4. The date of receipt of the amended claims by the
International Bureau shall be indicated.

(g) If, at the time when publication is due, the international search
report is not yet available (for example, because of publication on the
request of the applicant as provided in Articles 21(2)(b) and 64(3)(c)(i)),
the pamphlet shall contain, in place of the international search report, an
indication to the effect that that report was not available and that either
the pamphlet (then also including the international search report) will be
republished or the international search report (when it becomes available)
will be separately published.

(h) If, at the time when publication is due, the time limit for amending
the claims under Article 19 has not expired, the pamphlet shall refer to
that fact and indicate that, should the claims be amended under Article 19,
then, promptly after such amendments, either the pamphlet (containing the
claims as amended) will be republished or a statement reflecting all the
amendments will be published. In the latter case, at least the front page
and the claims shall be republished and, if a statement under Article 19(1)
has been filed, that statement shall be published as well, unless the
International Bureau finds that the statement does not comply with the
provisions of Rule 46.4.

(i) The Administrative Instructions shall determine the cases in
which the various alternatives referred to in paragraphs (g) and (h) shall
apply. Such determination shall depend on the volume and complexity of the
amendments and/or the volume of the international application and the cost
factors.

48.3 Language

(a) If the international application is filed in English, French, German,
Japanese, or Russian, that application shall be published in the language
in which it was filed.

(b) If the international application is filed in a language other than
English, French, German, Japanese, or Russian, that application shall be
published in English translation. The translation shall be prepared under
the responsibility of the International Searching Authority, which shall be
obliged to have it ready in time to permit the communication under Article
20 by the prescribed date, or, if the international publication is due at
an earlier date than the said communication, to permit international
publication by the prescribed date. Notwithstanding Rule 16.1(a), the
International Searching Authority may charge a fee for the translation to
the applicant. The International Searching Authority shall give the
applicant an opportunity to comment on the draft translation. The
International Searching Authority shall fix a time limit reasonable under
the circumstances of the case for such comments. If there is no time to
take the comments of the applicant into account before the translation is
communicated or if there is a difference of opinion between the applicant
and the said Authority as to the correct translation, the applicant may
send a copy of his comments, or what remains of them, to the International
Bureau and each designated Office to which the translation was
communicated. The International Bureau shall publish the essence of the
comments together with the translation of the International Searching
Authority or subsequently to the publication of such translation.

(c) If the international application is published in a language other than
English, the international search report, or the declaration referred to in
Article 17(2)(a), and the abstract shall be published both in that language
and in English. The translations shall be prepared under the responsibility
of the International Bureau.

48.4 Earlier Publication on the Applicant's Request

(a) Where the applicant asks for publication under Articles 21(2)(b) and
64(3)(c)(i) and the international search report, or the declaration
referred to in Article 17(2)(a), is not yet available for publication
together with the international application, the International Bureau shall
collect a special publication fee whose amount shall be fixed in the
Administrative Instructions.


(b) Publication under Articles 21(2)(b) and 64(3)(c)(i) shall be effected
by the International Bureau promptly after the applicant has asked for it
and, where a special fee is due under paragraph (a), after receipt of such
fee.

48.5 Notification of National Publication

Where the publication of the international application by the International
Bureau is governed by Article 64(3)(c)(ii), the national Office concerned
shall, promptly after effecting the national publication referred to in the
said provision, notify the International Bureau of the fact of such
national publication.

48.6 Announcing of Certain Facts

(a) If any notification under Rule 29.1(ii) reaches the International
Bureau at a time later than that at which it was able to prevent the
international publication of the international application, the
International Bureau shall promptly publish a notice in the Gazette
reproducing the essence of such notification.

(b) The essence of any notification under Rule 29.2 or 51.4 shall be
published in the Gazette and, if the notification reaches the International
Bureau before preparations for the publication of the pamphlet have been
completed, also in the pamphlet.

(c) If the international application is withdrawn after its international
publication, this fact shall be published in the Gazette.

RULE 49

LANGUAGES OF TRANSLATIONS AND AMOUNTS OF FEES
UNDER ARTICLE 22(1) and (2)

49.1 Notification

(a) Any Contracting State requiring the furnishing of a translation or the
payment of a national fee, or both, under Article 22, shall notify the
International Bureau of:

(i) the languages from which and the language into which it requires
translation,

(ii) the amount of the national fee.

(b) Any notification received by the International Bureau under paragraph
(a) shall be promptly published by the International Bureau in the Gazette.

(c) If the requirements under paragraph (a) change later, such changes
shall be notified by the Contracting State to the International Bureau and
that Bureau shall promptly publish the notification in the Gazette. If the
change means that translation is required into a language which, before the
change, was not required, such change shall be effective only with respect
to international applications filed later than 2 months after the
publication of the notification in the Gazette. Otherwise, the effective
date of any change shall be determined by the Contracting State.

49.2 Languages

The language into which translation may be required must be an official
language of the designated Office. If there are several of such languages,
no translation may be required if the international application is in one
of them. If there are several official languages and a translation must be
furnished, the applicant may choose any of those languages. Notwithstanding
the foregoing provisions of this paragraph, if there are several official
languages but the national law prescribes the use of one such language for
foreigners, a translation into that language may be required.

49.3 Statements under Article 19

For the purposes of Article 22 and the present Rule, any statement made
under Article 19(1) shall be considered part of the international
application.

RULE 50

FACULTY UNDER ARTICLE 22(3)

50.1 Exercise of Faculty

(a) Any Contracting State allowing a time limit expiring later than the
time limits provided for in Article 22(1) or (2) shall notify the
International Bureau of the time limits so fixed.

(b) Any notification received by the International Bureau under paragraph
(a) shall be promptly published by the International Bureau in the Gazette.

(c) Notifications concerning the shortening of the previously fixed time
limit shall be effective in relation to international applications filed
after the expiration of 3 months computed from the date on which the
notification was published by the International Bureau.

(d) Notifications concerning the lengthening of the previously fixed time
limit shall become effective upon publication by the International Bureau
in the Gazette in respect of international applications pending at the time
or filed after the date of such publication, or, if the Contracting State
effecting the notification fixes some later date, as from the latter date.

RULE 51

REVIEW BY DESIGNATED OFFICES

51.1 Time Limit for Presenting the Request to Send Copies

The time limit referred to in Article 25(1)(c) shall be 2 months computed
from the date of the notification sent to the applicant under Rules
20.7(i), 24.2(b), 29.1(a)(ii), or 29.1(b).

51.2 Copy of the Notice

Where the applicant, after having received a negative determination under
Article 11(1), requests the International Bureau, under Article 25(1), to
send copies of the file of the purported international application to any
of the named Offices he has attempted to designate, he shall attach to his
request a copy of the notice referred to in Rule 20.7(i).

51.3 Time Limit for Paying National Fee and Furnishing

The time limit referred to in Article 25(2)(a) shall expire at the same
time as the time limit prescribed in Rule 51.1.

51.4 Notification to the International Bureau

Where, under Article 25(2), the competent designated Office decides that
the refusal, declaration or finding referred to in Article 25(1) was not
justified, it shall promptly notify the International Bureau that it will
treat the international application as if the error or omission referred to
in Article 25(2) had not occurred.

RULE 52

AMENDMENT OF THE CLAIMS, THE DESCRIPTION, AND
THE DRAWINGS, BEFORE DESIGNATED OFFICES

52.1 Time Limit

(a) In any designated State in which processing or examination starts
without special request, the applicant shall, if he so wishes, exercise the
right under Article 28 within one month from the fulfillment of the
requirements under Article 22, provided that, if the communication under
Rule 47.1 has not been effected by the expiration of the time limit
applicable under Article 22, he shall exercise the said right not later
than 4 months after such expiration date. In either case, the applicant may
exercise the said right at any other time if so permitted by the national
law of the said State.

(b) In any designated State in which the national law provides that
examination starts only on special request, the time limit within or the
time at which the applicant may exercise the right under Article 28 shall
be the same as that provided by the national law for the filing of
amendments in the case of the examination, on special request, of national
applications, provided that such time limit shall not expire prior to, or
such time shall not come before, the expiration of the time limit
applicable under paragraph (a).


PART C

RULES CONCERNING CHAPTER II OF THE TREATY

RULE 53

THE DEMAND

53.1 Form

(a) The demand shall be made on a printed form.

(b) Copies of printed forms shall be furnished free of charge by the
receiving Offices to the applicants.

(c) The particulars of the forms shall be prescribed by the Administrative
Instructions.

(d) The demand shall be submitted in two identical copies.

53.2 Contents

(a) The demand shall contain:

(i) a petition,

(ii) indications concerning the applicant and the agent if there is
an agent,

(iii) indications concerning the international application to which
it relates,

(iv) election of States.

(b) The demand shall be signed.


53.3 The Petition

The petition shall be to the following effect and shall preferably be
worded as follows: "Demand under Article 31 of the Patent Cooperation
Treaty: The undersigned requests that the international application
specified below be the subject of international preliminary examination
according to the Patent Cooperation Treaty."
53.4 The Applicant

As to the indications concerning the applicant, Rules 4.4 and 4.16 shall
apply, and Rule 4.5 shall apply mutatis mutandis.

53.5 The Agent

If an agent is designated, Rules 4.4, 4.7, and 4.16 shall apply, and Rule
4.8 shall apply mutatis mutandis.

53.6 Identification of the International Application

The international application shall be identified by the name of the
receiving Office with which the international application was filed, the
name and address of the applicant, the title of the invention, and, where
the international filing date and the international application number are
known to the applicant, that date and that number.

53.7 Election of States

The demand shall name, among the designated States, at least one
Contracting State bound by Chapter II of the Treaty as elected State.

53.8 Signature

The demand shall be signed by the applicant.

RULE 54

THE APPLICANT ENTITLED TO MAKE A DEMAND

54.1 Residence and Nationality

The residence or nationality of the applicant shall, for the purposes of
Article 31(2), be determined according to Rules 18.1 and 18.2.

54.2 Several Applicants: Same for All Elected States

If all the applicants are applicants for the purposes of all elected
States, the right to make a demand under Article 31(2) shall exist if at
least one of them is

(i) a resident or national of a Contracting State bound by Chapter II
and the international application has been filed as provided in Article
31(2)(a), or

(ii) a person entitled to make a demand under Article 31(2)(b) and
the international application has been filed as provided in the decision of
the Assembly.

54.3 Several Applicants: Different for Different Elected States

(a) For the purposes of different elected States, different applicants may
be indicated, provided that, in respect of each elected State, at least one
of the applicants indicated for the purposes of that State is


(i) a resident or national of a Contracting State bound by Chapter II
and the international application has been filed as provided in Article
31(2)(a), or,

(ii) a person entitled to make a demand under Article 31(2)(b) and
the international application has been filed as provided in the decision of
the Assembly.
(b) If the requirement under paragraph (a) is not fulfilled in respect of
any elected State, the election of that State shall be considered not to
have been made.

54.4 Change in the Person or Name of the Applicant

Any change in the person or name of the applicant shall, on the request of
the applicant or the receiving Office, be recorded by the International
Bureau, which shall notify the interested International Preliminary
Examining Authority and the elected Offices accordingly.

RULE 55

LANGUAGES (INTERNATIONAL PRELIMINARY EXAMINATION)

55.1 The Demand

The demand shall be in the language of the international application or,
when a translation is required under Rule 55.2, in the language of that
translation.

55.2 The International Application

(a) If the competent International Preliminary Examining Authority is not
part of the same national Office or intergovernmental organization as the
competent International Searching Authority, and if the international
application is in a language other than the language, or one of the
languages, specified in the agreement concluded between the International
Bureau and the International Preliminary Examining Authority competent for
the international preliminary examination, the latter may require that the
applicant submit a translation of that application.

(b) The translation shall be submitted not later than the later of the
following two dates:

(i) the date on which the time limit under Rule 46.1 expires,

(ii) the date on which the demand is submitted.

(c) The translation shall contain a statement that, to the best of the
applicant's knowledge, it is complete and faithful. This statement shall be
signed by the applicant.

(d) If the provisions of paragraphs (b) and (c) are not complied with, the
International Preliminary Examining Authority shall invite the applicant to
comply with them within 1 month from the date of the invitation. If the
applicant fails to do so, the demand shall be considered as if it had not
been submitted and the International Preliminary Examining Authority shall
notify the applicant and the International Bureau accordingly.

RULE 56

LATER ELECTIONS

56.1 Elections Submitted Later Than the Demand


The election of States not named in the demand shall be effected by a
notice signed and submitted by the applicant, and shall identify the
international application and the demand.

56.2 Identification of the International Application

The international application shall be identified as provided in Rule 53.6.
56.3 Identification of the Demand

The demand shall be identified by the date on which it was submitted and by
the name of the International Preliminary Examining Authority to which it
was submitted.

56.4 Form of Later Elections

The later election shall preferably be made on a printed form furnished
free of charge to applicants. If it is not made on such a form, it shall
preferably be worded as follows: "In relation to the international
application filed with... on...under No. ...by... (applicant)(and the
demand for international preliminary examination submitted on...to...), the
undersigned elects the following additional State(s) under Article 31 of
the Patent Cooperation Treaty: ..."

56.5 Language of Later Elections

The later election shall be in the language of the demand.

RULE 57

THE HANDLING FEE

57.1 Requirement to Pay

Each demand for international preliminary examination shall be subject to
the payment of a fee for the benefit of the International Bureau ("handling
fee").

57.2 Amount

(a) The amount of the handling fee shall be US $14.00 or 60 Swiss francs
augmented by as many times the same amount as the number of languages into
which the international preliminary examination report must, in application
of Article 36(2), be translated by the International Bureau.

(b) Where, because of a later election or elections, the international
preliminary examination report must, in application of Article 36(2), be
translated by the International Bureau into one or more additional
languages, a supplement to the handling fee shall be payable and shall
amount to US $14.00 or 60 Swiss francs for each additional language.

57.3 Mode and Time of Payment

(a) Subject to paragraph (b), the handling fee shall be collected by the
International Preliminary Examining Authority to which the demand is
submitted and shall be due at the time the demand is submitted.

(b) Any supplement to the handling fee under Rule 57 2(b) shall be
collected by the International Bureau and shall be due at the time the
later election is submitted.

(c) The handling fee shall be payable in the currency prescribed by the
International Preliminary Examining Authority to which the demand is
submitted, it being understood that, when transferred by that Authority to
the International Bureau, it shall be freely convertible into Swiss
currency.

(d) Any supplement to the handling fee shall be payable in Swiss currency.

57.4 Failure to Pay (Handling Fee)

(a) Where the handling fee is not paid as required by Rules 57.2(a) and
57.3(a) and (c), the International Preliminary Examining Authority shall
invite the applicant to pay the fee within 1 month from the date of the
invitation.

(b) If the applicant complies with the invitation within the prescribed
time limit, the demand shall be considered as if it had been received on
the date on which the International Preliminary Examining Authority
receives the fee, unless, under Rule 60.1(b), a later date is applicable.

(c) If the applicant does not comply with the invitation within the
prescribed time limit, the demand shall be considered as if it had not been
submitted.

57.5 Failure to Pay (Supplement to the Handling Fee)

(a) Where the supplement to the handling fee is not paid as required by
Rules 57.2(b) and 57.3(b) and (d) the International Bureau shall invite the
applicant to pay the supplement within 1 month from the invitation.

(b) If the applicant complies with the invitation within the prescribed
time limit, the later election shall be considered as if it had been
received on the date on which the International Bureau receives the
supplement, unless, under Rule 60.2(b), a later date is applicable.

(c) If the applicant does not comply with the invitation within the
prescribed time limit, the later election shall be considered as if it had
not been submitted.

57.6 Refund

In no case shall the handling fee, including any supplement thereto, be
refunded.

RULE 58

THE PRELIMINARY EXAMINATION FEE

58.1 Right to Ask for a Fee

(a) Each International Preliminary Examining Authority may require that the
applicant pay a fee ("preliminary examination fee") for its own benefit for
carrying out the international preliminary examination and for performing
all other tasks entrusted to International Preliminary Examining
Authorities under the Treaty and these Regulations.

(b) The amount and the due date of the preliminary examination fee, if any,
shall be fixed by the International Preliminary Examining Authority,
provided that the said due date shall not be earlier than the due date of
the handling fee.

(c) The preliminary examination fee shall be payable directly to the
International Preliminary Examining Authority. Where that Authority is a
national Office, it shall be payable in the currency prescribed by that
Office, and where the Authority is an intergovernmental organization, it
shall be payable in the currency of the State in which the
intergovernmental organization is located or in any other currency which is
freely convertible into the currency of the said State.

RULE 59

THE COMPETENT INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

59.1 Demands under Article 31(2)(a)

For demands made under Article 31(2)(a), each Contracting State bound by
the provisions of Chapter II shall, in accordance with the terms of the
applicable agreement referred to in Article 32(2) and (3), inform the
International Bureau which International Preliminary Examining Authority is
or which International Preliminary Examining Authorities are competent for
the international preliminary examination of international applications
filed with its national Office, or, in the case provided for in Rule
19.1(b), with the national Office of another State or an intergovernmental
organization acting for the former Office, and the International Bureau
shall promptly publish such information. Where several International
Preliminary Examining Authorities are competent, the provisions of Rule
35.2 shall apply mutatis mutandis.

59.2 Demands under Article 31(2)(b)

As to demands made under Article 31(2)(b), the Assembly, in specifying the
International Preliminary Examining Authority competent for international
applications filed with a national Office which is an International
Preliminary Examining Authority, shall give preference to that Authority;
if the national Office is not an International Preliminary Examining
Authority, the Assembly shall give preference to the International
Preliminary Examining Authority recommended by that Office.

RULE 60

CERTAIN DEFECTS IN THE DEMAND OR ELECTIONS

60.1 Defects in the Demand

(a) If the demand does not comply with the requirements specified in Rules
53 and 55, the International Preliminary Examining Authority shall invite
the applicant to correct the defects within 1 month from the date of the
invitation.

(b) If the applicant complies with the invitation within the prescribed
time limit, the demand shall be considered as if it had been received on
the date on which the International Preliminary Examining Authority
receives the correction,or, when the handling fee is received under Rule
57.4(b) at a later date, on that date.

(c) If the applicant does not comply with the invitation within the
prescribed time limit, the demand shall be considered as if it had not been
submitted.

(d) If the defect is noticed by the International Bureau, it shall bring
the defect to the attention of the International Preliminary Examining
Authority, which shall then proceed as provided in paragraphs (a) to (c).

60.2 Defects in Later Elections

(a) If the later election does not comply with the requirements of Rule 56,
the International Bureau shall invite the applicant to correct the defects
within 1 month from the date of the invitation.

(b) If the applicant complies with the invitation within the prescribed
time limit, the later election shall be considered as if it had been
received on the date on which the International Bureau receives the
correction, or, where the supplement to the handling fee is received under
Rule 57.5(b) at a later date, on that date.

(c) If the applicant does not comply with the invitation within the
prescribed time limit, the later election shall be considered as if it had
not been submitted.

60.3 Attempted Elections

If the applicant has attempted to elect a State which is not a designated
State or which is not bound by Chapter II, the attempted election shall be
considered not to have been made, and the International Bureau shall notify
the applicant accordingly.

RULE 61

NOTIFICATION OF THE DEMAND AND ELECTIONS

61.1 Notifications to the International Bureau, the Applicant, and the
International Preliminary Examining Authority

(a) The International Preliminary Examining Authority shall indicate on
both copies of the demand the date of receipt or, where applicable, the
date referred to in Rule 60.1(b). The International Preliminary Examining
Authority shall promptly send the original copy to the International
Bureau. It shall keep the other copy in its files.

(b) The International Preliminary Examining Authority shall promptly inform
the applicant in writing of the date of receipt of the demand. Where the
demand has been considered under Rules 57.4(c) or 60.1(c) as if it had not
been submitted, the International Preliminary Examining Authority shall
notify the applicant accordingly.

(c) The International Bureau shall promptly notify the International
Preliminary Examining Authority and the applicant of the receipt, and the
date of receipt, of any later election. That date shall be the actual date
of receipt by the International Bureau or, where applicable, the date
referred to in Rule 60.2(b). Where the later election has been considered
under Rules 57.5(c) or 60.2(c) as if it had not been submitted, the
International Bureau shall notify the applicant accordingly.

61.2 Notifications to the Elected Offices

(a) The notification provided for in Article 31(7) shall be effected by the
International Bureau.

(b) The notification shall indicate the number and filing date of the
international application, the name of the applicant, the name of the
receiving Office, the filing date of the application whose priority is
claimed (where priority is claimed), the date of receipt by the
International Preliminary Examining Authority of the demand, and--in the
case of later elections--the date of receipt by the International Bureau of
the later election.

(c) The notification shall be sent to the elected Office promptly after the
expiration of the 18th month from the priority date, or, if the
international preliminary examination report is communicated earlier, then,
at the same time as the communication of that report. Elections effected
after such notification shall be notified promptly after they have been
effected.

61.3 Information for the Applicant


The International Bureau shall inform the applicant in writing that it has
effected the notification referred to in Rule 61.2 At the same time, it
shall indicate to him, in respect of each elected State, any applicable
time limit under Article 39(1)(b).

RULE 62

COPY FOR THE INTERNATIONAL
PRELIMINARY EXAMINING AUTHORITY

62.1 The International Application

(a) Where the competent International Preliminary Examining Authority is
part of the same national Office or intergovernmental organization as the
competent International Searching Authority, the same file shall serve the
purposes of international search and international preliminary examination.

(b) Where the competent International Searching Authority is not part of
the same national Office or intergovernmental organization as the competent
International Preliminary Examining Authority, the International Bureau
shall, promptly upon receipt of the international search report or, if the
demand was received after the international search report, promptly upon
receipt of the demand, send a copy of the international application and the
international search report to the said Preliminary Examining Authority. In
cases where, instead of the international search report, a declaration
under Article 17(2)(a) has issued, references in the preceding sentence to
the international search report shall be considered references to the said
declaration.

62.2 Amendments

(a) Any amendment filed under Article 19 shall be promptly transmitted by
the International Bureau to the International Preliminary Examining
Authority. If, at the time of filing such amendments, a demand for
international preliminary examination has already been submitted, the
applicant shall, at the same time as he files the amendments with the
International Bureau, also file a copy of such amendments with the
International Preliminary Examining Authority.

(b) If the time limit for filing amendments under Article 19 (see Rule
46.1) has expired without the applicant's having filed amendments under
that Article, or if the applicant has declared that he does not wish to
make amendments under that Article, the International Bureau shall notify
the International Preliminary Examining Authority accordingly.

RULE 63

MINIMUM REQUIREMENTS FOR INTERNATIONAL
PRELIMINARY EXAMINING AUTHORITIES

63.1 Definition of Minimum Requirements

The minimum requirements referred to in Article 32(3) shall be the
following:

(i) the national Office or intergovernmental organization must have
at least 100 full-time employees with sufficient technical qualifications
to carry out examinations;

(ii) that Office or organization must have at its ready disposal at
least the minimum documentation referred to in Rule 34, properly arranged
for examination purposes;

(iii) that Office or organization must have a staff which is capable
of examining in the required technical fields and which has the language
facilities to understand at least those languages in which the minimum
documentation referred to in Rule 34 is written or is translated.

RULE 64

PRIOR ART FOR INTERNATIONAL PRELIMINARY EXAMINATION

64.1 Prior Art

(a) For the purposes of Article 33(2) and (3), everything made available to
the public anywhere in the world by means of written disclosure (including
drawings and other illustrations) shall be considered prior art provided
that such making available occurred prior to the relevant date.

(b) For the purposes of paragraph (a), the relevant date will be:

(i) subject to item (ii), the international filing date of the
international application under international preliminary examination;

(ii) where the international application under international
preliminary examination validly claims the priority of an earlier
application, the filing date of such earlier application.

64.2 Non-Written Disclosures

In cases where the making available to the public occurred by means of an
oral disclosure, use, exhibition or other non-written means ("non-written
disclosure") before the relevant date as defined in Rule 64.1(b) and the
date of such non-written disclosure is indicated in a written disclosure
which has been made available to the public after the relevant date, the
non-written disclosure shall not be considered part of the prior art for
the purposes of Article 33(2) and (3). Nevertheless, the international
preliminary examination report shall call attention to such non-written
disclosure in the manner provided for in Rule 70.9.

64.3 Certain Published Documents

In cases where any application or any patent which would constitute prior
art for the purposes of Article 33(2) and (3) had it been published prior
to the relevant date referred to in Rule 64.1 was published, as such, after
the relevant date but was filed earlier than the relevant date or claimed
the priority of an earlier application which had been filed prior to the
relevant date, such published application or patent shall not be considered
part of the prior art for the purposes of Article 33(2) and (3).
Nevertheless, the international preliminary examination report shall call
attention to such application or patent in the manner provided for in Rule
70.10.

RULE 65

INVENTIVE STEP OR NON-OBVIOUSNESS

65.1 Approach to Prior Art

For the purposes of Article 33(3), the international preliminary
examination shall take into consideration the relation of any particular
claim to the prior art as a whole. It shall take into consideration the
claims's relation not only to individual documents or parts thereof taken
separately but also its relation to combinations of such documents or parts
of documents, where such combinations are obvious to a person skilled in
the art.

65.2 Relevant Date

For the purposes of Article 33(3), the relevant date for the consideration
of inventive step (non-obviousness) is the date prescribed in Rule 64.1.

RULE 66

PROCEDURE BEFORE THE INTERNATIONAL
PRELIMINARY EXAMINING AUTHORITY

66.1 Basis of the International Preliminary Examination

Before the international preliminary examination starts, the applicant may
make amendments according to Article 34(2)(b) and the international
preliminary examination shall initially be directed to the claims, the
description, and the drawings, as contained in the international
application at the time the international preliminary examination starts.

66.2 First Written Opinion of the International Preliminary Examining
Authority

(a) If the International Preliminary Examining Authority

(i) considers that the international application has any of the
defects described in Article 34(4),

(ii) considers that the international preliminary examination report
should be negative in respect of any of the claims because the invention
claimed therein does not appear to be novel, does not appear to involve an
inventive step (does not appear to be non-obvious), or does not appear to
be industrially applicable,

(iii) notices that there is some defect in the form or contents of
the international application under the Treaty or these Regulations,

(iv) considers that any amendment goes beyond the disclosure in the
international application as filed, or

(v) wishes to accompany the international preliminary examination
report by observations on the clarity of the claims, the description, and
the drawings, or the question whether the claims are fully supported by the
description,

the said Authority shall notify the applicant accordingly in writing.

(b) The notification shall fully state the reasons for the opinion of the
International Preliminary Examining Authority.

(c) The notification shall invite the applicant to submit a written reply
together, where appropriate, with amendments or corrections.

(d) The notification shall fix a time limit for the reply. The time limit
shall be reasonable under the circumstances. It shall normally be 2 months
after the date of notification. In no case shall it be shorter than 1 month
after the said date. It shall be at least 2 months after the said date
where the international search report is transmitted at the same time as
the notification. In no case shall it be more than 3 months after the said
date.

66.3 Formal Response to the International Preliminary Examining Authority

(a) The applicant may respond to the invitation referred to in Rule 66.2(c)
of the International Preliminary Examining Authority by making amendments
or corrections or--if he disagrees with the opinion of that Authority--by
submitting arguments, as the case may be, or do both.

(b) Any response shall be submitted directly to the International
Preliminary Examining Authority.

66.4 Additional Opportunity for Amendment or Correction

(a) If the International Preliminary Examining Authority wishes to issue
one or more additional written opinions, it may do so, and Rules 66.2 and
66.3 shall apply.
(b) On the request of the applicant, the International Preliminary
Examining Authority may give him one or more additional opportunities to
submit amendments or corrections.

66.5 Amendment

Any change, other than the rectification of obvious errors of
transcription, in the claims, the description, or the drawings, including
cancellation of claims, omission of passages in the description, or
omission of certain drawings, shall be considered an amendment.

66.6 Informal Communications with the Applicant

The International Preliminary Examining Authority may, at any time,
communicate informally, over the telephone, in writing, or through personal
interviews, with the applicant. The said Authority shall, at its
discretion, decide whether it wishes to grant more than one personal
interview if so requested by the applicant, or whether it wishes to reply
to any informal written communication from the applicant.

66.7 Priority Document

(a) If the International Preliminary Examining Authority needs a copy of
the application whose priority is claimed in the international application,
the International Bureau shall, on request, promptly furnish such copy,
provided that, where the request is made before the International Bureau
has received the priority document under Rule 17.1(a), the applicant shall
furnish such copy to the International Bureau and directly to the
International Preliminary Examining Authority.

(b) If the application whose priority is claimed is in a language other
than the language or one of the languages of the International Preliminary
Examining Authority, the applicant shall furnish, on invitation, a
translation in the said language or one of the said languages.

(c) The copy to be furnished by the applicant under paragraph (a) and the
translation referred to in paragraph (b) shall be furnished not later than
by the expiration of 2 months from the date of the request or invitation.
If they are not furnished within that time limit, the international
preliminary examination report shall be established as if the priority had
not been claimed.

66.8 Form of Corrections and Amendments

(a) The applicant shall be required to submit a replacement sheet for every
sheet of the international application which, on account of a correction or
amendment, differs from the sheet originally filed. The letter accompanying
the replacement sheets shall draw attention to the differences between the
replaced sheets and the replacement sheets. To the extent that any
amendment results in the cancellation of an entire sheet, that amendment
shall be communicated in a letter.

(b) The International Preliminary Examining Authority shall mark on each
replacement sheet the international application number, the date on which
it was received, and the stamp identifying the said Authority. It shall
keep in its files any replaced sheet, the letter accompanying the
replacement sheet or sheets, and any letter referred to in the last
sentence of paragraph (a).

RULE 67

SUBJECT MATTER UNDER ARTICLE 34(4)(a)(i)

67.1 Definition
No International Preliminary Examining Authority shall be required to carry
out an international preliminary examination on an international
application if, and to the extent to which, its subject matter is any of
the following:

(i) scientific and mathematical theories,

(ii) plant or animal varieties or essentially biological processes
for the production of plants and animals, other than microbiological
processes and the products of such processes,

(iii) schemes, rules or methods of doing business, performing purely
mental acts or playing games,

(iv) methods for treatment of the human or animal body by surgery or
therapy, as well as diagnostic methods,

(v) mere presentations of information,

(vi) computer programs to the extent that the International
Preliminary Examining Authority is not equipped to carry out an
international preliminary examination concerning such programs.

RULE 68

LACK OF UNITY OF INVENTION
(INTERNATIONAL PRELIMINARY EXAMINATION)

68.1 No Invitation to Restrict or Pay

Where the International Preliminary Examining Authority finds that the
requirement of unity of invention is not complied with and chooses not to
invite the applicant to restrict the claims or to pay additional fees, it
shall establish the international preliminary examination report, subject
to Article 34(4)(b), in respect of the entire international application,
but shall indicate, in the said report, that, in its opinion, the
requirement of unity of invention is not fulfilled and shall specify the
reasons for which the international application is not considered as
complying with the requirement of unity of invention.

68.2 Invitation to Restrict or Pay

Where the International Preliminary Examining Authority finds that the
requirement of unity of invention is not complied with and chooses to
invite the applicant, at his option, to restrict the claims or to pay
additional fees, it shall specify at least one possibility of restriction
which, in the opinion of the International Preliminary Examining Authority,
would be in compliance with the applicable requirement, and shall specify
the amount of the additional fees and the reasons for which the
international application is not considered as complying with the
requirement of unity of invention. It shall, at the same time, fix a time
limit, with regard to the circumstances of the case, for complying with the
invitation; such time limit shall not be shorter than 1 month, and it shall
not be longer than 2 months, from the date of the invitation.

68.3 Additional Fees

(a) The amount of the additional fee due for international preliminary
examination under Article 34(3)(a) shall be determined by the competent
International Preliminary Examining Authority.

(b) The additional fee due for international preliminary examination under
Article 34(3)(a) shall be payable direct to the International Preliminary
Examining Authority.
(c) Any applicant may pay the additional fee under protest, that is,
accompanied by a reasoned statement to the effect that the international
application complies with the requirement of unity of invention or that the
amount of the required additional fee is excessive. Such protest shall be
examined by a three-member board or other special instance of the
International Preliminary Examining Authority, or any competent higher
authority, which, to the extent that it finds the protest justified, shall
order the total or partial reimbursement to the applicant of the additional
fee. On the request of the applicant, the text of both the protest and the
decision thereon shall be notified to the elected Offices as an annex to
the international preliminary examination report.

(d) The three-member board, special instance or competent higher authority,
referred to in paragraph (c), shall not comprise any person who made the
decision which is the subject of the protest.

68.4 Procedure in the Case of Insufficient Restriction of the Claim

If the applicant restricts the claims but not sufficiently to comply with
the requirement of unity of invention, the International Preliminary
Examining Authority shall proceed as provided in Article 34(3)(c).

68.5 Main Invention

In case of doubt which invention is the main invention for the purposes of
Article 34(3)(c), the invention first mentioned in the claims shall be
considered the main invention.

RULE 69

TIME LIMIT FOR INTERNATIONAL PRELIMINARY EXAMINATION

69.1 Time Limit for International Preliminary Examination

(a) All agreements concluded with International Preliminary Examining
Authorities shall provide for the same time limit for the establishment of
the international preliminary examination report. This time limit shall not
exceed:

(i) 6 months after the start of the international preliminary
examination,

(ii) in cases where the International Preliminary Examining Authority
issues an invitation to restrict the claims or pay additional fees (Article
34(3)), 8 months after the start of the international preliminary
examination.

(b) International preliminary examination shall start upon receipt, by the
International Preliminary Examining Authority:

(i) under Rule 62.2(a), of the claims as amended under Article 19, or


(ii) under Rule 62.2(b), of a notice from the International Bureau
that no amendments under Article 19 have been filed within the prescribed
time limit or that the applicant has declared that he does not wish to make
such amendments, or

(iii) of a notice, after the international search report is in the
possession of the International Preliminary Examining Authority, from the
applicant expressing the wish that the international preliminary
examination should start and be directed to the claims as specified in such
notice, or

(iv) of a notice of the declaration by the International Searching
Authority that no international search report will be established (Article
17(2)(a)).

(c) If the competent International Preliminary Examining Authority is part
of the same national Office or intergovernmental organization as the
competent International Searching Authority, the international preliminary
examination may, if the International Preliminary Examining Authority so
wishes, start at the same time as the international search, In such a case,
the international preliminary examination report shall be established,
notwithstanding the provisions of paragraph (a), no later than 6 months
after the expiration of the time limit allowed under Article 19 for
amending the claims.

RULE 70

THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT

70.1 Definition

For the purposes of this Rule, "report" shall mean international
preliminary examination report.

70.2 Basis of the Report

(a) If the claims have been amended, the report shall issue on the claims
as amended.

(b) If, pursuant to Rule 66.7(c), the report is established as if the
priority had not been claimed, the report shall so indicate.

(c) If the International Preliminary Examining Authority considers that any
amendment goes beyond the disclosure in the international application as
filed, the report shall be established as if such amendment had not been
made, and the report shall so indicate. It shall also indicate the reasons
why it considers that the amendment goes beyond the said disclosure.

70.3 Identifications

The report shall identify the International Preliminary Examining Authority
which established it by indicating the name of such Authority, and the
international application, by indicating the international application
number, the name of the applicant, the name of the receiving Office, and
the international filing date.

70.4 Dates

The report shall indicate:

(i) the date on which the demand was submitted, and

(ii) the date of the report; that date shall be the date on which the
report is completed.

70.5 Classification

(a) The report shall repeat the classification given under Rule 43.3 if the
International Preliminary Examining Authority agrees with such
classification.

(b) Otherwise, the International Preliminary Examining Authority shall
indicate in the report the classification, at least according to the
International Patent Classification, which it considers correct.

70.6 Statement under Article 35(2)

(a) The statement referred to in Article 35(2) shall consist of the words
"YES" or "NO," or their equivalent in the language of the report, or some
appropriate sign provided for in the Administrative Instructions, and shall
be accompanied by the citations, explanations and observations, if any,
referred to in the last sentence of Article 35(2).

(b) If any of the three criteria referred to in Article 35(2) (that is,
novelty, inventive step (non-obviousness), industrial applicability) is not
satisfied, the statement shall be negative. If, in such a case, any of the
criteria, taken separately, is satisfied, the report shall specify the
criterion or criteria so satisfied.

70.7 Citations under Article 35(2)

(a) The report shall cite the documents considered to be relevant for
supporting the statements made under Article 35(2).

(b) The provisions of Rule 43.5(b) and (e) shall apply also to the report.

70.8 Explanations under Article 35(2)

The Administrative Instructions shall contain guidelines for cases in which
the explanations referred to in Article 35(2) should or should not be given
and the form of such explanations. Such guidelines shall be based on the
following principles:

(i) explanations shall be given whenever the statement in relation to
any claim is negative;

(ii) explanations shall be given whenever the statement is positive
unless the reason for citing any document is easy to imagine on the basis
of consultation of the cited document;

(iii) generally, explanations shall be given if the case provided for
in the last sentence of Rule 70.6(b) obtains.

70.9 Non-Written Disclosures

Any non-written disclosure referred to in the report by virtue of Rule 64.2
shall be mentioned by indicating its kind, the date on which the written
disclosure referring to the non-written disclosure was made available to
the public, and the date on which the non-written disclosure occurred in
public.

70.10 Certain Published Documents

Any published application or any patent referred to in the report by virtue
of Rule 64.3 shall be mentioned as such and shall be accompanied by an
indication of its date of publication, of its filing date, and its claimed
priority date (if any). In respect of the priority date of any such
document, the report may indicate that, in the opinion of the International
Preliminary Examining Authority, such date has not been validly claimed.

70.11 Mention of Amendments or Correction of Certain Defects

If, before the International Preliminary Examining Authority, amendments or
corrections have been made, this fact shall be indicated in the report.

70.12 Mention of Certain Defects

If the International Preliminary Examining Authority considers that, at the
time it prepares the report:
(i) the international application contains any of the defects
referred to in Rule 66.2(a)(iii), it shall include this opinion and the
reasons therefor in the report;

(ii) the international application calls for any of the observations
referred to in Rule 66.2(a)(v), it may include this opinion in the report
and, if it does, it shall also indicate in the report the reasons for such
opinion.

70.13 Remarks Concerning Unity of Invention

If the applicant paid additional fees for the international preliminary
examination, or if the international application or the international
preliminary examination was restricted under Article 34(3), the report
shall so indicate. Furthermore, where the international preliminary
examination was carried out on restricted claims (Article 34(3)(a)), or on
the main invention only (Article 34(3)(c)), the report shall indicate what
parts of the international application were and what parts were not the
subject of international preliminary examination.

70.14 Signature

The report shall be signed by an authorized officer of the International
Preliminary Examining Authority.

70.15 Form

The physical requirements as to the form of the report shall be prescribed
by the Administrative Instructions.

70.16 Attachment of Corrections and Amendments

If the claims, the description, or the drawings, were amended or any part
of the international application was corrected before the International
Preliminary Examining Authority, each replacement sheet marked as provided
in Rule 66.8(b) shall be attached to the report as an annex thereto.
Replacement sheets superseded by later replacement sheets shall not be
attached. If the amendment is communicated in a letter, a copy of such
letter shall also be annexed to the report.

70.17 Languages of the Report and the Annexes

(a) The report shall be in the language in which the international
application to which it relates is published.

(b) Any annex shall be both in the language in which the international
application to which it relates was filed and also, if it is different, in
the language in which the international application to which it relates is
published.

RULE 71


TRANSMITTAL OF THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

71.1 Recipients

The International Preliminary Examining Authority shall, on the same day,
transmit one copy of the international preliminary examination report and
its annexes, if any, to the International Bureau, and one copy to the
applicant.

71.2 Copies of Cited Documents
(a) The request under Article 36(4) may be presented any time during 7
years from the international filing date of the international application
to which the report relates.

(b) The International Preliminary Examining Authority may require that the
party (applicant or elected Office) presenting the request pay to it the
cost of preparing and mailing the copies. The level of the cost of
preparing copies shall be provided for in the agreements referred to in
Article 32(2) between the International Preliminary Examining Authorities
and the International Bureau.

(c) Any International Preliminary Examining Authority not wishing to send
copies direct to any elected Office shall send a copy to the International
Bureau and the International Bureau shall then proceed as provided in
paragraphs (a) and (b).

(d) Any International Preliminary Examining Authority may perform the
obligations referred to in (a) to (c) through another agency responsible to
it.

RULE 72

TRANSLATION OP THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

72.1 Languages

(a) Any elected State may require that the international preliminary
examination report, established in any language other than the official
language, or one of the official languages, of its national Office, be
translated into English, French, German, Japanese, Russian, or Spanish.

(b) Any such requirement shall be notified to the International Bureau,
which shall promptly publish it in the Gazette.

72.2 Copies of Translations for the Applicant

The International Bureau shall transmit a copy of each translation of the
international preliminary examination report to the applicant at the same
time as it communicates such translation to the interested elected Office
or Offices.

72.3 Observations on the Translation

The applicant may make written observations on what, in his opinion, are
errors of translation in the translation of the international preliminary
examination report and shall send a copy of any such observations to each
of the interested elected Offices and a copy to the International Bureau.

RULE 73

COMMUNICATION OF THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

73.1 Preparation of Copies

The International Bureau shall prepare the copies of the documents to be
communicated under Article 36(3)(a).

73.2 Time Limit for Communication

The communication provided for in Article 36(3)(a) shall be effected as
promptly as possible.

RULE 74

TRANSLATIONS OF ANNEXES OF THE INTERNATIONAL
PRELIMINARY EXAMINATION REPORT AND TRANSMITTAL THEREOF

74.1 Time Limit

Any replacement sheet referred to in Rule 70.16, or any amendment referred
to in the last sentence of that Rule which was filed prior to the
furnishing of the translation of the international application required
under Article 39, or, where the furnishing of such translation is governed
by Article 64(2)(a)(i), which was filed prior to the furnishing of the
translation of the international application required under Article 22,
shall be translated and transmitted together with the furnishing under
Article 39 or, where applicable, under Article 22, or,if filed less than 1
month before such furnishing or if filed after such furnishing, 1 month
after it has been filed.

RULE 75

WITHDRAWAL OF THE DEMAND, OR OF ELECTIONS

75.1 Withdrawals

(a) Withdrawal of the demand or all the elections may be effected prior to
the expiration of 25 months from the priority date except as to any elected
State in which national processing or examination has already started.
Withdrawal of the election of any elected State may be effected prior to
the date on which examination and processing may start in that State.

(b) Withdrawal shall be effected by a signed notice from the applicant to
the International Bureau. In the case of Rule 4.8(b), the notice shall
require the signature of all the applicants.

75.2 Notification of Elected Offices

(a) The fact that the demand or all elections have been withdrawn shall be
promptly notified by the International Bureau to the national Offices of
all States which, up to the time of the withdrawal, were elected States and
had been informed of their election.

(b) The fact that any election has been withdrawn and the date of receipt
of the withdrawal shall be promptly notified by the International Bureau to
the elected Office concerned, except where it has not yet been informed
that it had been elected.

75.3 Notification of the International Preliminary Examining Authority

The fact that the demand or all elections have been withdrawn shall be
promptly notified by the International Bureau to the International
Preliminary Examining Authority if, at the time of the withdrawal, the
latter had been informed of the existence of the demand.

75.4 Faculty under Article 37(4)(b)

(a) Any Contracting State wishing to take advantage of the faculty provided
for in Article 37(4)(b) shall notify the International Bureau in writing.

(b) The notification under paragraph (a) shall be promptly published by the
International Bureau in the Gazette, and shall have effect in respect of
international applications filed more than 1 month after the publication
date of the relevant issue of the Gazette.

RULE 76

LANGUAGES OF TRANSLATIONS AND AMOUNTS OF FEES
UNDER ARTICLE 39(1); TRANSLATION OP PRIORITY DOCUMENT

76.1 Notification

(a) Any Contracting State requiring the furnishing of a translation or the
payment of a national fee, or both, under Article 39(1), shall notify the
International Bureau of:

(i) the languages from which and the language into which it requires
translation,

(ii) the amount of the national fee.

(b) Any notification received by the International Bureau under paragraph
(a) shall be published by the International Bureau in the Gazette.

(c) If the requirements under paragraph (a) change later, such changes
shall be notified by the Contracting State to the International Bureau and
that Bureau shall promptly publish the notification in the Gazette. If the
change means that translation is required into a language which, before the
change, was not required, such change shall be effective only with respect
to a demand submitted later than 2 months after the publication of the
notification in the Gazette. Otherwise, the effective date of any change
shall be determined by the Contracting State.

76.2 Languages

The language into which translation may be required must be an official
language of the elected Office. If there are several of such languages, no
translation may be required if the international application is in one of
them. If there are several official languages and a translation must be
furnished, the applicant may choose any of those languages. Notwithstanding
the foregoing provisions of this paragraph, if there are several official
languages but the national law prescribes the use of one such language for
foreigners, a translation into that language may be required.

76.3 Statements under Article 19

For the purposes of Article 39 and the present Rule, any statement made
under Article 19(1) shall be considered as part of the international
application.

76.4 Time Limit for Translation of Priority Document

The applicant shall not be required to furnish to any elected Office a
certified translation of the priority document before the expiration of the
applicable time limit under Article 39.

RULE 77

FACULTY UNDER ARTICLE 39(1)(b)

77.1 Exercise of Faculty

(a) Any Contracting State allowing a time limit expiring later than the
time limit provided for in Article 39(1)(a) shall notify the International
Bureau of the time limit so fixed.

(b) Any notification received by the International Bureau under paragraph
(a) shall be promptly published by the International Bureau in the Gazette.

(c) Notifications concerning the shortening of the previously fixed time
limit shall be effective in relation to demands submitted after the
expiration of 3 months computed from the date on which the notification was
published by the International Bureau.

(d) Notifications concerning the lengthening of the previously fixed time
limit shall become effective upon publication by the International Bureau
in the Gazette in respect of demands pending at the time or submitted after
the date of such publication, or, if the Contracting State effecting the
notification fixes some later date, as from the latter date.

RULE 78

AMENDMENT OF THE CLAIMS, THE DESCRIPTION,
AND THE DRAWINGS, BEFORE ELECTED OFFICES

78.1 Time Limit Where Election Is Effected Prior to Expiration of 19
Months from Priority Date

(a) Where the election of any Contracting State is effected prior to the
expiration of the 19th month from the priority date, the applicant shall,
if he so wishes, exercise the right under Article 41 after the transmittal
of the international preliminary examination report under Article 36(1) has
been effected and before the time limit applicable under Article 39
expires, provided that, if the said transmittal has not taken place by the
expiration of the time limit applicable under Article 39, he shall exercise
the said right not later than on such expiration date. In either case, the
applicant may exercise the said right at any other time if so permitted by
the national law of the said State.

(b) In any elected State in which the national law provides that
examination starts only on special request, the national law may provide
that the time limit within or the time at which the applicant may exercise
the right under Article 41 shall, where the election of any Contracting
State is effected prior to the expiration of the 19th month from the
priority date, be the same as that provided by the national law for the
filing of amendments in the case of the examination, on special request, of
national applications, provided that such time limit shall not expire prior
to, or such time shall not come before, the expiration of the time limit
applicable under Article 39.

78.2 Time Limit Where Election Is Effected After Expiration of 19 Months
From Priority Date

Where the election of any Contracting State has been effected after the
expiration of the 19th month from the priority date and the applicant
wishes to make amendments under Article 41, the time limit for making
amendments under Article 28 shall apply.

78.3 Utility Models

The provisions of Rules 6.5 and 13.5 shall apply, mutatis mutandis, before
elected Offices. If the election was made before the expiration of the 19th
month from the priority date, the reference to the time limit applicable
under Article 22 is replaced by a reference to the time limit applicable
under Article 39.


PART D

RULES CONCERNING CHAPTER III OF THE TREATY

RULE 79

CALENDAR

79.1 Expressing Dates

Applicants, national Offices, receiving Offices, International Searching
and Preliminary Examining Authorities, and the International Bureau, shall,
for the purposes of the Treaty and the Regulations, express any date in
terms of the Christian era and the Gregorian calendar, or, if they use
other eras and calendars, they shall also express any date in terms of the
Christian era and the Gregorian calendar.

RULE 80

COMPUTATION OF TIME LIMITS

80.1 Periods Expressed in Years

When a period is expressed as one year or a certain number of years,
computation shall start on the day following the day on which the relevant
event occurred, and the period shall expire in the relevant subsequent year
in the month having the same name and on the day having the same number as
the month and the day on which the said event occurred provided that if the
relevant subsequent month has no day with the same number the period shall
expire on the last day of that month.

80.2 Periods Expressed in Months

When a period is expressed as one month or a certain number of months,
computation shall start on the day following the day on which the relevant
event occurred, and the period shall expire in the relevant subsequent
month on the day which has the same number as the day on which the said
event occurred, provided that if the relevant subsequent month has no day
with the same number the period shall expire on the last day of that month.

80.3 Periods Expressed in Days

When a period is expressed as a certain number of days, computation shall
start on the day following the day on which the relevant event occurred,
and the period shall expire on the day on which the last day of the count
has been reached.

80.4 Local Dates

(a) The date which is taken into consideration as the starting date of the
computation of any period shall be the date which prevails in the locality
at the time when the relevant event occurred.

(b) The date on which any period expires shall be the date which prevails
in the locality ln which the required document must be filed or the
required fee must be paid.

80.5 Expiration on a Non-Working Day


If the expiration of any period during which any document or fee must reach
a national Office or intergovernmental organization falls on a day on which
such Office or organization is not open to the public for the purposes of
the transaction of official business, or on which ordinary mail is not
delivered in the locality in which such Office or organization is situated,
the period shall expire on the next subsequent day on which neither of the
said two circumstances exists.

80.6 Date of Documents

Where a period starts on the day of the date of a document or letter
emanating from a national Office or intergovernmental organization, any
interested party may prove that the said document or letter was mailed on a
day later than the date it bears, in which case the date of actual mailing
shall, for the purposes of computing the period, be considered to be the
date on which the period starts.

80.7 End of Working Day

(a) A period expiring on a given day shall expire at the moment the
national Office or intergovernmental organization with which the document
must be filed or to which the fee must be paid closes for business on that
day.

(b) Any Office or organization may depart from the provisions of paragraph
(a) up to midnight on the relevant day.

(c) The International Bureau shall be open for business until 6 p.m.

RULE 81

MODIFICATION OF TIME LIMITS FIXED IN THE TREATY

81.1 Proposal

(a) Any Contracting State or the Director General may propose a
modification under Article 47(2).

(b) Proposals made by a Contracting State shall be presented to the
Director General.

81.2 Decision by the Assembly

(a) When the proposal is made to the Assembly, its text shall be sent by
the Director General to all Contracting States at least 2 months in advance
of that session of the Assembly whose agenda includes the proposal.

(b) During the discussion of the proposal in the Assembly, the proposal may
be amended or consequential amendments proposed.

(c) The proposal shall be considered adopted if none of the Contracting
States present at the time of voting votes against the proposal.

81.3 Voting by Correspondence

(a) When voting by correspondence is chosen, the proposal shall be included
in a written communication from the Director General to the Contracting
States, inviting them to express their vote in writing.

(b) The invitation shall fix the tine limit within which the reply
containing the vote expressed in writing must reach the International
Bureau. That time limit shall not be less than 3 months from the date of
the invitation.


(c) Replies must be either positive or negative. Proposals for amendments
or mere observations shall not be regarded as votes.

(d) The proposal shall be considered adopted if none of the Contracting
States opposes the amendment and if at least one-half of the Contracting
States express either approval or indifference or abstention.

RULE 82

IRREGULARITIES IN THE MAIL SERVICE

82.1 Delay or Loss in Mail

(a) Subject to the provisions of Rule 22.3, any interested party may offer
evidence that he has mailed the document or letter 5 days prior to the
expiration of the time limit. Except in cases where surface mail normally
arrives at its destination within 2 days of mailing, or where no airmail
service is available, such evidence may be offered only if the mailing was
by Airmail. In any case, evidence may be offered only if the mailing was by
mail registered by the postal authorities.

(b) If such mailing is proven to the satisfaction of the national Office or
intergovernmental organization which is the addressee, delay in arrival
shall be excused, or, if the document or letter is lost in the mail,
substitution for it of a new copy shall be permitted, provided that the
interested party proves to the satisfaction of the said Office or
organization that the document or letter offered in substitution is
identical with the document or letter lost.

(c) In the cases provided for in paragraph (b), evidence of mailing within
the prescribed time limit, and, where the document or letter was lost, the
substitute document or letter as well, shall be submitted within 1 month
after the date on which the interested party noticed--or with due diligence
should have noticed--the delay or the loss, and in no case later than 6
months after the expiration of the time limit applicable in the given case.

82.2 Interruption in the Mail Service

(a) Subject to the provisions of Rule 22.3, any interested party may offer
evidence that on any of the 10 days preceding the day of expiration of the
time limit the postal service was interrupted on account of war,
revolution, civil disorder, strike, natural calamity, or other like reason,
in the locality where the interested party resides or has his place of
business or is staying.

(b) If such circumstances are proven to the satisfaction of the national
Office or intergovernmental organization which is the addressee, delay in
arrival shall be excused, provided that the interested party proves to the
satisfaction of the said Office or organization that he effected the
mailing within 5 days after the mail service was resumed. The provisions of
Rule 82.1(c) shall apply mutatis mutandis.

RULE 83

RIGHT TO PRACTICE BEFORE INTERNATIONAL AUTHORITIES

83.1 Proof of Right

The International Bureau, the competent International Searching Authority,
and the competent International Preliminary Examining Authority, may
require the production of proof of the right to practice referred to in
Article 49.

83.2 Information

(a) The national Office or the intergovernmental organization which the
interested person is alleged to have a right to practice before shall, upon
request, inform the International Bureau, the competent International
Searching Authority, or the competent International Preliminary Examining
Authority, whether such person has the right to practice before it.

(b) Such information shall be binding upon the International Bureau, the
International Searching Authority, or the International Preliminary
Examining Authority, as the case may be.

PART E

RULES CONCERNING CHAPTER V OF THE TREATY

RULE 84

EXPENSES OF DELEGATIONS

84.1 Expenses Borne by Governments

The expenses of each Delegation participating in any organ established by
or under the Treaty shall be borne by the Government which has appointed
it.

RULE 85

ABSENCE OF QUORUM IN THE ASSEMBLY

85.1 Voting by Correspondence

In the case provided for in Article 53(5)(b), the International Bureau
shall communicate the decisions of the Assembly (other than those
concerning the Assembly's own procedure) to the Contracting States which
were not represented and shall invite them to express in writing their vote
or abstention within a period of 3 months from the date of the
communication. If, at the expiration of that period, the number of
Contracting States having thus expressed their vote or abstention attains
the number of Contracting States which was lacking for attaining the quorum
in the session itself, such decisions shall take effect provided that at
the same time the required majority still obtains.

RULE 86

THE GAZETTE

86.1 Contents

The Gazette referred to in Article 55(4) shall contain:

(i) for each published international application, data specified by
the Administrative Instructions taken from the front page of the pamphlet
published under Rule 48, the drawing (if any) appearing on the said front
page, and the abstract,

(ii) the schedule of all fees payable to the receiving Offices, the
International Bureau, and the International Searching and Preliminary
Examining Authorities,

(iii) notices the publication of which is required under the Treaty
or these Regulations,

(iv) information, if and to the extent furnished to the International
Bureau by the designated or elected Offices, on the question whether the
requirements provided for in Articles 22 or 39 have been complied with in
respect of the international applications designating or electing the
Office concerned,

(v) any other useful information prescribed by the Administrative
Instructions, provided access to such information is not prohibited under
the Treaty or these Regulations.

86.2 Languages

(d) The Gazette shall be published in an English-language edition and a
French-language edition. It shall also be published in editions in any
other language, provided the cost of publication is assured through sales
or subventions.

(b) The Assembly may order the publication of the Gazette in languages
other than those referred to in paragraph (a).

86.3 Frequency

The Gazette shall be published once a week.

86.4 Sale

The subscription and other sale prices of the Gazette shall be fixed in the
Administrative Instructions,

86.5 Title

The title of the Gazette shall be "Gazette of International Patent
Applications," and Gazette des Demandes internationales de brevets,"
respectively.

86.6 Further Details

Further details concerning the Gazette may be provided for in the
Administrative Instructions.

RULE 87

COPIES OF PUBLICATIONS

87.1 International Searching and Preliminary Examining Authorities

Any International Searching or Preliminary Examining Authority shall have
the right to receive, free of charge, two copies of every published
international application, of the Gazette, and of any other publication of
general interest published by the International Bureau in connection with
the Treaty or these Regulations.

87.2 National Offices

(a) Any national Office shall have the right to receive, free of charge,
one copy of every published international application, of the Gazette, and
of any other publication of general interest published by the International
Bureau in connection with the Treaty or these Regulations.

(b) The publications referred to in paragraph (a) shall be sent on special
request, which shall be made, in respect of each year, by November 30 of
the preceding year. If any publication is available in more than one
language, the request shall specify the language in which it is desired.

RULE 88

AMENDMENT OF THE REGULATIONS

88.1 Requirement of Unanimity

Amendment of the following provisions of these Regulations shall require
that no State having the right to vote in the Assembly vote against the
proposed amendment:

(i) Rule 14.1 (Transmittal Fee),
(ii) Rule 22.2 (Transmittal of the Record Copy; Alternative
Procedure),
(iii) Rule 22.3 (Time Limit Under Article 12(3)),
(iv) Rule 33 (Relevant Prior Art for International Search),
(v) Rule 64 (Prior Art for International Preliminary Examination),
(vi) Rule 81 (Modification of Time Limits Fixed in the Treaty),
(vii) the present paragraph (i.e., Rule 88.1).

88.2 Requirement of Unanimity During a Transitional Period

During the first 5 years after the entry into force of the Treaty,
amendment of the following provisions of these Regulations shall require
that no State having the right to vote in the Assembly vote against the
proposed amendment:

(i) Rule 5 (The Description),
(ii) Rule 6 (The Claims),
(iii) the present paragraph (i.e., Rule 88.2).

88.3 Requirement of Absence of Opposition by Certain States

Amendment of the following provisions of these Regulations shall require
that no State referred to in Article 58(3)(a)(ii) and having the right to
vote in the Assembly vote against the proposed amendment:

(i) Rule 34 (Minimum Documentation),
(ii) Rule 39 (Subject Matter Under Article 17(2)(a)(i)),
(iii) Rule 67 (Subject Matter Under Article 34(4)(a)(i)),
(iv) the present paragraph (i.e., Rule 88.3).

88.4 Procedure

Any proposal for amending a provision referred to in Rules 88.1, 88.2 or
88.3, shall, if the proposal is to be decided upon in the Assembly, be
communicated to all Contracting States at least 2 months prior to the
opening of that session of the Assembly which is called upon to make a
decision on the proposal.

RULE 89

ADMINISTRATIVE INSTRUCTIONS

89.1 Scope

(a) The Administrative Instructions shall contain provisions:

(i) concerning matters in respect of which these Regulations
expressly refer to such Instructions,

(ii) concerning any details in respect of the application of these
Regulations.

(b) The Administrative Instructions shall not be in conflict with the
provisions of the Treaty, these Regulations, or any agreement concluded by
the International Bureau with an International Searching Authority, or an
International Preliminary Examining Authority.

89.2 Source

(a) The Administrative Instructions shall be drawn up and promulgated by
the Director General after consultation with the receiving Offices and the
International Searching and Preliminary Examining Authorities.

(b) They may be modified by the Director General after consultation with
the Offices or Authorities which have a direct interest in the proposed
modification.
(c) The Assembly may invite the Director General to modify the
Administrative Instructions, and the Director General shall proceed
accordingly.

89.3 Publication and Entry Into Force

(a) The Administrative Instructions and any modification thereof shall be
published in the Gazette.

(b) Each publication shall specify the date on which the published
provisions come into effect. The dates may be different for different
provisions, provided that no provision may be declared effective prior to
its publication in the Gazette.


PART F

RULES CONCERNING SEVERAL CHAPTERS OF THE TREATY

RULE 90

REPRESENTATION

90.1 Definitions

For the purposes of Rule 90.2 and Rule 90.3:

(i) "agent" means any of the persons referred to in Article 49;

(ii) "common representative" means the applicant referred to in Rule
4.8.

90.2 Effects

(a) Any act by or in relation to an agent shall have the effect of an act
by or in relation to the applicant or applicants having appointed the
agent.

(b) Any act by or in relation to a common representative or his agent shall
have the effect of an act by or in relation to all the applicants.

(c) If there are several agents appointed by the same applicant or
applicants, any act by or in relation to any of the several agents shall
have the effect of an act by or in relation to the said applicant or
applicants.

(d) The effects described in paragraphs (a), (b), and (c), shall apply to
the processing of the international application before the receiving
Office, the International Bureau, the International Searching Authority,
and the International Preliminary Examining Authority.


90.3 Appointment

(a) Appointment of any agent or of any common representative within the
meaning of Rule 4.3(a), if the said agent or common representative is not
designated in the request signed by all applicants, shall be effected in a
separate signed power of attorney (i.e., a document appointing an agent or
a common representative).

(b) The power of attorney may be submitted to the receiving Office or the
International Bureau. Whichever of the two is the recipient of the power of
attorney submitted shall immediately notify the other and the interested
International Searching Authority and the interested International
Preliminary Examining Authority.

(c) If the separate power of attorney is not signed as provided in
paragraph (a), or if the required separate power of attorney is missing, or
if the indication of the name or address of the appointed person does not
comply with Rule 4.4, the power of attorney shall be considered
non-existent unless the defect is corrected.

90.4 Revocation

(a) Any appointment may be revoked by the persons who have made the
appointment or their successors in title.

(b) Rule 90.3 shall apply, mutatis mutandis, to the document containing the
revocation.

RULE 91

OBVIOUS ERRORS OF TRANSCRIPTION

91.1 Rectification

(a) Subject to paragraphs (b) to (g), obvious errors of transcription in
the international application or other papers submitted by the applicant
may be rectified.

(b) Errors which are due to the fact that something other than what was
obviously intended was written in the international application or other
paper shall be regarded as obvious errors of transcription. The
rectification itself shall be obvious in the sense that anyone would
immediately realize that nothing else could have been intended than what is
offered as rectification.

(c) Omissions of entire elements or sheets of the international
application, even if clearly resulting from inattention, at the stage, for
example, of copying or assembling sheets, shall not be rectifiable.

(d) Rectification may be made on the request of the applicant. The
authority having discovered what appears to be an obvious error of
transcription may invite the applicant to present a request for
rectification as provided in paragraphs (e) to (g).

(e) No rectification shall be made except with the express authorization:

(i) of the receiving Office if the error is in the request,

(ii) of the International Searching Authority if the error is in any
part of the international application other than the request or in any
paper submitted to that Authority,

(iii) of the International Preliminary Examining Authority if the
error is in any part of the international application other than the
request or in any paper submitted to that Authority, and

(iv) of the International Bureau if the error is in any paper, other
than the international application or amendments or corrections to that
application, submitted to the International Bureau.

(f) The date of the authorization shall be recorded in the files of the
international application.

(g) The authorization for rectification referred to in paragraph (e) may be
given until the following events occur:

(i) in the case of authorization given by the receiving Office and
the International Bureau, the communication of the international
application under Article 20;

(ii) in the case of authorization given by the International
Searching Authority, the establishment of the international search report
or the making of a declaration under Article 17(2)(a);

(iii) in the case of authorization given by the International
Preliminary Examining Authority, the establishment of the international
preliminary examination report,

(h) Any authority, other than the International Bureau, which authorizes
any rectification shall promptly inform the International Bureau of such
rectification.

RULE 92

CORRESPONDENCE

92.1 Need for Letter and for Signature

(a) Any paper submitted by the applicant in the course of the international
procedure provided for in the Treaty and these Regulations, other than the
international application, itself, shall, if not itself in the form of a
letter, be accompanied by a letter identifying the international
application to which it relates. The letter shall be signed by the
applicant.

(b) If the requirements provided for in paragraph (a) are not complied
with, the paper shall be considered not to have been submitted.

92.2 Languages

(a) Subject to the provisions of paragraphs (b) and (c), any letter or
document submitted by the applicant to the International Searching
Authority or the International Preliminary Examining Authority shall be in
the same language as the international application to which it relates.

(b) Any letter from the applicant to the International Searching Authority
or the International Preliminary Examining Authority may be in a language
other than that of the international application, provided the said
Authority authorizes the use of such language.

(c) When a translation is required under Rule 55.2, the International
Preliminary Examining Authority may require that any letter from the
applicant to the said Authority be in the language of that translation,

(d) Any letter from the applicant to the International Bureau shall be in
English or French.

(e) Any letter or notification from the International Bureau to the
applicant or to any national Office shall be in English or French.

92.3 Mailings by National Offices and Intergovernmental Organizations

Any document or letter emanating from or transmitted by a national Office
or an intergovernmental organization and constituting an event from the
date of which any time limit under the Treaty or these Regulations
commences to run shall be sent by registered air mail, provided that
surface mail may be used instead of air mail in cases where surface mail
normally arrives at its destination within 2 days from mailing or where air
mail service is not available.

RULE 93

KEEPING OF RECORDS AND FILES

93.1 The Receiving Office

Each receiving Office shall keep the records relating to each international
application or purported international application, including the home
copy, for at least 10 years from the international filing date or, where no
international filing date is accorded, from the date of receipt.

93.2 The International Bureau

(a) The International Bureau shall keep the file, including the record
copy, of any international application for at least 30 years from the date
of receipt of the record copy.

(b) The basic records of the International Bureau shall be kept
indefinitely.

93.3 The International Searching and Preliminary Examining Authorities

Each International Searching Authority and each International Preliminary
Examining Authority shall keep the file of each international application
it receives for at least 10 years from the international filing date.

93 4 Reproductions

For the purposes of this Rule, records, copies and files shall also mean
photographic reproductions of records, copies, and files, whatever may be
the form of such reproductions (microfilms or other).

RULE 94

FURNISHING OF COPIES BY THE INTERNATIONAL
BUREAU AND THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

94.1 Obligation to Furnish

At the request of the applicant or any person authorized by the applicant,
the International Bureau and the International Preliminary Examining
Authority shall furnish, subject to reimbursement of the cost of the
service, copies of any document contained in the file of the applicant's
international application or purported international application.

RULE 95

AVAILABILITY OF TRANSLATIONS

95.1 Furnishing of Copies of Translations

(a) At the request of the International Bureau, any designated or elected
Office shall provide it with a copy of the translation of the international
application furnished by the applicant to that Office.

(b) The International Bureau may, upon request and subject to reimbursement
of the cost, furnish to any person copies of the translations received
under paragraph (a).