KEPPRES No. 16 Tahun 1997

Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden
ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.

Ditetapkan di Jakarta

pada tanggal 7 Mei 1997

PRESIDEN REPUBLIK INDONESIA

ttd.

SOEHARTO

Diundangkan di Jakarta
pada tanggal 7 Mei 1997
MENTERI NEGARA SEKRETARIS NEGARA
REPUBLIK INDONESIA

ttd.

MOERDIONO

LAMPIRAN
ATAS
KEPUTUSAN PRESIDEN REPUBLIK INDONESIA
NOMOR 16 TAHUN 1997

PENSYARATAN
(RESERVATION)

TERHADAP PASAL 59 PATENT COOPERATION TREATY (PCT) AND REGULATION UNDER
THE PCT.

The Republic of Indonesia does not consider itself bound by the provision of Article 59
of the Treaty, which provides:
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 unless the States application in conformity with
the Statute of the Court, unless the States concerned agree on some other method of
settlement.The Contracting States 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. The Republic of Indonesia takes the position
that for any dispute to be referred to the International Court of Justice for its
decision, the agreement of all the Parties to the dispute shall be necessary in each
individual case".

PRESIDEN REPUBLIK INDONESIA

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SOEHARTO

PATENT COOPERATION TREATY
(PCT)

DONE AT WASHINGTON ON JUNE 19, 1970,
AMENDED ON OCTOBER 2, 1979,
AND MODIFIED ON FEBRUARY 3, 1984,

AND

REGULATIONS UNDER THE PCT

(AS IN FORCE ON JANUARY 1, 1986)

World Intellectual Property Organization

GENEVA 1989

CONTENTS

Treaty ........................................ 3
Regulations ................................... 60

Editor's Note : This publication contains the consolidated text of the Patent
Cooperation Treaty (PCT) and of the Regulations under the PCT, as in force on January
1, 1986. The deletion of a provision of the text previously in force
is indicated in those cases only where it is necessary in onder to avoid gaps in the
numbering system.

Patent Cooperation Treaty

Done at Washington on June 19, 1970,
amended on October 2, 1979,
and modified on February 3, 1984

TABLE OF CONTENTS*

Preamble
Introductory Provisions

Article 1
: Establishment of a Union
Article 2
: Definitions

Chapter I : International Application and International Search

Article 3
: he International Application
Article 4
: The Request
Article 5
: The Description
Article 6
: The Claims
Article 7
: The Drawings
Article 8
: Claiming Priority
Article 9
: The Applicant
Article 10
: The Receiving Office
Article 11
: Filing Date and Effects of the International Application
Article 12 : Transmittal of the International Application to the International Bureau
and the International Searching Authority
Article 13 : Availability of Copy of the International Application to Designated
Offices
Article 14
: Certain Defects in the International Application
Article 15
: The International Search
Article 16
: The International Searching Authority
Article 17
: Procedure before the International Searching Authority
Article 18
: The International Search Report
Article 19
: Amendment of the Claims before the International Bureau
Article 20
: Communication to Designated Offices
Article 21
: International Publication
Article 22
: Copy, Translation, and Fee, to Designated Offices
Article 23
: Delaying of National Procedure
Article 24
: Possible Loss of Effect in Designated States

This Table of Contents is added for the convenience of the reader . It does not appear
in tha signed text of the Treaty.

Article 25
: Review by Designated Offices
Article 26
: Opportunity to Correct before Designated Offices
Article 27
: National Requirements
Article 28 : Amendment of the Claims, the Description, and the Drawings, before
Designated Offices
Article 29
: Effects of the International Publication
Article 30
: Confidential Nature of the International Application

Chapter II
: International Preliminary Examination
Article 31
: Demand for International Preliminary Examination
Article 32
: The International Preliminary Examining Authority
Article 33
: The International Preliminary Examination
Article 34
: Procedure before the International Preliminary Examining Authority
Article 35
: The International Preliminary Examination Report
Article 36 : Transmittal, Translation, and Communication, of the International
Preliminary Examination Report
Article 37
: Withdrawal of Demand or Election
Article 38
: Confidential Nature of the International Preliminary Examination
Article 39
: Copy, Translation, and Fee, to Elected Offices
Article 40
: Delaying of National Examination and Other Processing
Article 41 : Amendment of the Claims, the Description, and the Drawings, before
Elected Offices
Article 42
: Results of National Examination in Elected Offices

Chapter III : Common Provisions

Article 43
: Seeking Certain Kinds of Protection
Article 44
: Seeking Two Kinds of Protection
Article 45
: Regional Patent Treaties
Article 46
: Incorrect Translation of the International Application
Article 47
: Time Limits
Article 48
: Delay in Meeting Certain Time Limits
Article 49
: Right to Practice before International Authorities

Chapter IV : Technical Services

Article 50
: Patent Information Services
Article 51
: Technical Assistance
Article 52
: Relations with Other Provisions of the Treaty

Chapter V : Administrative Provisions

Article 53
: Assembly
Article 54
: Executive Committee
Article 55
: International Bureau
Article 56
: Committee for Technical Cooperation
Article 57
: Finances
Article 58
: Regulations

Chapter VI
: Disputes

Article 59
: Disputes

Chapter VII : Revision and Amendment

Article 60
: Revision of the Treaty
Article 61
: Amendment of Certain Provisions of the Treaty

Chapter VIII : Final Provicions

Article 62
: Becoming Party to the Treaty
Article 63
: Entry into Force of the Treaty
Article 64
: Reservations
Article 65
: Gradual Application
Article 66
: Denunciation
Article 67
: Signature and Languages
Article 68
: Depositary Functions
Article 69
: Notifications

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 acclerate 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 concludel 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, patens or
cerficates 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 applications or a regional patent is
involed, 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
State 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
BIRPI 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;
(vi) 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 disignated 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 regional patent,
the designation of the said State shall be treated as an indications 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 disered 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 consequece 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
The 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 porty 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 Conventions 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 Effests 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 applications 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.

(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, of
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 kept by the receiving Office (hame
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 provides 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 provides 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 this international
application to any designated Office.
(b) The applicant may, at any time, ask the International Bureau to transmit a
copy of this 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 dravings 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.
(40 If, after having accorded an international filing date to the international
application, the receiving Office finds, within the preseribed 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 in 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 an
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
compentert 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 organizations satisfying the
requirenments referred to in subparagraph (c) may be appointed as
International Searching Authority.
(b) Appointment shaal 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 Autority.
(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 shaal, as far as
effects in that State are concerned, be considered withdrawn unlass a
spacial 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 sisclosure, failure to comply with paragrahp (2) shall have no consequence in
that State.

Article 20
Communication to Designated Offices

(1)(a) The international application, together with the international seacrh report
(including any indication refferred to in Article 17(2)(b) or the declaration
referred to in Article 17(2)(a), shall becommunicated 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 my'ask the International Bureau to publish his international
applicantion any time before the expiration of the time limit referred to in
subparagraph (a). The International Bureau shall proceed accordingly, as
provides in the Regulations.
(3) The international search report or the declaration referred to in Article 17(2)(a)
shall be publishid as prescribed in the Requlations.
(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 preparatios 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 prionty
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 dhall, unless they were contained in the request,
furnish the said indications to the national Office of or acting for the State not
later than at the expiration of 20 months from the priority date.
(2) Where the International Searching Authority makes a declaration, under Article
17(2)(a), that no international search report will be established, the time limit for
performing the acts referred to in paragraph (1) of this Article shall be the same
as that provided for in paragraph (1).
(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 te provisions of paragraph (1), any designeted 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), 0r if the desination 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 promptlysend, 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
translations (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 resulf 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 interntaional 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 gualified
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 requirenments provided for by this Treaty and the Regulation
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 concening 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 applymeasures 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 patenf, 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 desifnated
State in all respects not provided for is this Treaty and the Regulations.
(4) Where the designated Office requires a translation of the international aplication,
the amendments shall be in the language of the translation.

Article 29
Affects 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 form 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
interntional 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 Artikel 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 18, 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 Regulation, of a
Contracting State bound by Chapter II, and whose internatonal 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 Contrating 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,
spacify 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 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 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 purpose of deciding whether, in that State, the claimed invention
is patentable or not.
(6) The international preliminary examination shall take consideration all the
documents cited in the international search report. It may take into consideration
any additional documents considered to be relevant in the particular case.

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 Regulation 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 Regulation, 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 decoments 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
translation 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 thet State
provides otherwise, be considered to be withdrawal of the international
application as far as that State is concerned.
(b) Withdrawal of the demand or 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 Ofits national law that the aforesaid shall
apply only in its national Office has received, within the said time limit, a
copy of the international application, together with a translation (as
precribed), 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 nonissuance of an international preliminary examination report
and on the withdrawal or nonwithdrawal 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
30 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 clains, 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 Stete
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 models, patents or certificates of addition, inventors'
certificates of addition, or utility certificates of addition, inventors, 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
choise. 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 retroctively 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 sevice 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 thet 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 of 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 it 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 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 Asembly 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 Committe 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 Commitee.
(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 assistence 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 intergovernmentsl 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 perfom 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 Organisation.
(3) A delegate may represent, and vote in 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 Article 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 and budgets prepared by the Director General.*
(11)(a) The Assemmbly shall meet in every second calender 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.
(b) The Assembly shall meet in extraordinary session upon convocation by the
Director General, at the request of the Executive Committee, or at the request
of one-fourth of the Contracting States.
(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 it to the close of the next ordinary
session of the Assembly.

(b) Members of the Executive Committee may be re-elected 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 Assemblay in respect of the draft program and
biennial budget of the Union prepared by the Director General:

(iii)
[deleted]

(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 plase as the Coordination Committee of the Organization.

(b) The Executive Committee shall meet in estraordinary 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 shaal have one vote.

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

(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 adminitted
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 staf 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 Commette, 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 specificall 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

The bud
(1) (a) The Union shall have a budget.
(b) get 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 Interntional 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 becarried 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 orgens 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 beconstituted 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 decidel by the Assebly 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 advonces 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 afficio 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 be unanimous consent, or
(ii) only af none of the Contracting States whose national Office acts as an
International Searching or Preliminary Examining Authority dissents, and,
where such Authority is an tergovernmental organization, if the Contracting
State member of that organization authorized for that purpose by the other
member States within the competent body of such organiation 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 in 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 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 adminitted as observer to any revision
conference.
(4) Article 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 or Article 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 finacial 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 of 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 in one foreign country according to the most recent annual
statistics published by the International Bureau
(iii)
the national Office of the State has received at least 10,000 applications
from nationals or residents of foreign countries according to the most
recent annual statistics published by the International Bureau.
(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 opplication designating that
state is not equated to an actual filing in that State for prior art purposes.
(b) Any State making a declaration under subparagrap (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 stetement 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 writring. 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 sixmonth 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
Regulation 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 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 sixmonth period.

Article 67
Signature Languages

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

Regulations*
under the Patent Cooperation Treaty
(as in force on January 1, 1986)

TABLE OF CONTENTS **

Part A: Introductory Rules
Rule 1 Abbreviated Expressions

1.1
Meaning of Abbreviated Expressions

Rule 2
Interpretation of Certain Words

2.1
Applicant

2.2
Agent

2.3
Signature

Part B: Rules Concerning Chapter 1 of the Treaty
Rule 3
The Request (form)

3.1
Printed Form

3.2
Availability of Forms

3.3
Check List

3.4
Particulars

Rule 4
The Request (Contents)

4.1
Mandatory and Optional Contents; Signature

4.2
The Petition

4.3
Title of the Invention

4.4
Names and Addresses

4.5
The Applicant

4.6
The Inventor

4.7
The Agent

4.8
Representation of Several Applicants Not Having a Common Agent

4.9
Designation of States

4.10 Priority Claim

4.11 Reference to Earlier Search

4.12 Choice of Certain Kinds of Protection

4.13 Identification of Parent Application or Parent Grant

4.14 Continuation or Continuation-in-Part

4.15 Signature

4.16 Transliteration or Translation of Certain Words

4.17 Additional Matter

Rule 5
The Description

5.1
Manner of the Description

Rule 6
The Claims

6.1
Number and Numbering of Claims

6.2
References to Other Parts of the International Application

6.3
Manner of Claiming

6.4
Dependent Claims

6.5
Utility Models

Rule 7
The Drawings

7.1
Flow Sheets and Diagrams

7.2
Time Limit

Rule 8
The Abstract

8.1
Contents and Form of the Abstract

8.2
Figure

8.3
Guiding Principles in Drafting

Rule 9
Expression, Etc., Not to Be Used

9.1
Definition

9.2
Noting of Lock of Compliance

9.3
Reference to Article 21(6)

Rule 10
Terminology and Signs

10.1 Terminologi and Signs

10.2 Consistency

Rule 11
Physical Requirements of the International Application

11.1 Number of Copies

11.2 Fitness for Reproduction

11.3 Material to Be Used

11.4 Separate Sheets, Etc.

11.5 Size of Sheets

11.6 Margins

11.7 Numbering of Sheets

11.8 Mumbering of Lines

11.9 Writing of Text Matter

11.10 Drawing, formulae, and Tables, in Text Matter

11.11 Words in Drawings

11.12 Alterations, Etc.

11.13 Special Requirements for Drawings

11.14 Later Documents

Rule 12
Language of the International Application

12.1 Admitted Languages

12.2 Language of Changes in the International Application
Rule 13
Unity of Invention

13.1 Requirement

13.2 Claims of Different Categories

13.3 Claims of One ad the Same Category

13.4 Dependent Claims

13.5 Utility Models

Rule 13his
Microbiological Inventions

13his.1
Definition

13his 2
References (General)

13his 3
References : Contents; Failure to Include Reference or Indication

13his 4
References : Time of Furnishing Indications
13his 5
References and Indications for the Purposes of One or More
Designated States; Different Deposits for Different Designated
States; Deposits with Depositary Institutions Other Than Those
Notified

13his 6
Furnishing of Samples

13his 7
National Reguirements: Notification and Publication
Rule 14
The Transmittal Fee

14.1 The Transmittal Fee

Rule 15
The International Fee

15.1 Basic Fee and Designation Fee

15.2 Amounts

15.3 Mode of Payment

15.4 Time of Payment

15.5 [Deleted]

15.6 Refund

Rule 16
The Search Fee

16.1 Right to Ask for a Fee

16.2 Refund

16.3 Partial Refund

Rule 16his
Advancing Fees by the International Bureau

16his 1
Guarantee by the International Bureau

16his 2
Obligations of the Applicant, Etc.

Rule 17
The Priority Document

17.1 Obligation to Submit Copy of Earlier National Application

17.2 Availability of Copies

Rule 18
The Applicant

18.1 Residence

18.2 Nationality

18.3 Several Applicants: Same for All Designated States

18.4 Several Applicants: Different for Different Designated States

Rule 19
The Competent Receiving Office

19.1 Where to File

19.2 Several Applicants

19.3 Publication of Fact of Delegation of Duties of Receiving Office

Rule 20
Receipt of the International Application

20.1 Date and Number

20.2 Receipt on Different Days

20.3 Corrected International Application

20.3 his Manner of Carrying Out Corrections

20.4 Determination under Article 11(1)

20.5 Positive Determination

20.6 Invitation to Correct

20.7 Negative Determination

20.8 Error by the Receiving Office

20.9 Certified Copy for the Applicant

Rule 21
Preparation of Copies

21.1 Responsibility of the Receiving Office

Rule 22
Transmital of the Record Copy

22.1 Procedure

22.2 [Deleted]

22.3 Time Limit under Article 12(3)

Rule 23
Transmital of the Search Copy

23.1 Procedure

Rule 24
Receipt of the Record Copy by the International Bureau

24.1 [Deleted]

24.2 Notification of Receipt of the Record Copy

Rule 25
Receipt of the Search Copy by the International Searching Authority

25.1 Notification of Receipt of the Search Copy

Rule 26
Checking by, and Correcting before, the Receiving Office of Certain
Elements of the International Application

26.1 Time Limit for Check

26.2 Time Limit for Correction

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

26.3 his Invitation to Correct Defects under Article 14(1)(b)

26.4 Procedure

26.5 Decostion of the Receiving Office

26.6 Missing Decing

Rule 27
Lack of Payment of Fees

27.1 Fees

Rule 28
Defects Noted by the International Bureau

28.1 Note on Certain Defects

Rule 29
International Applications or Designations Considered Withdrawn under
Article 14(1), (3) or (4)

29.1 Finding by Receiving Office

29.2 [Deleted]

29.3 Calling Certain Facts to the Attention of the Receiving Office

29.4 Notification of Intent to Make Declaration under Article 14(4)

Rule 30
Time Limit under Article 14(4)

30.1 Time Limit

Rule 31
Copies Required under Article 13

31.1 Request for Copies

31.2 Preparation of Copies

Rule 32
Withdrawal of the International Application or of Designations
32.1 Withdrawals

Rule 32
his Withdrawal of the Priority Claim

his.1 Withdrawals

Rule 33
Relevant Prior Art for the International Search

33.1 Relevant Prior Art for the International Search

33.2 Fields to Be Covered by the International Search

33.3 Orientation of the International Search

Rule 34
Minimum Documentation

34.1 Definition

Rule 35
The Competent International Searching Authority

35.1 When Only One International Searching Authority Is Competent

35.2 When Several International Searching Authorities Are Competent

Rule 36
Minimum Requirements for International Searching Authorities

36.1 Definition of Minimum Requirements

Rule 37
Missing or Defective Title

37.1 Lack of Title

37.2 Establishment of Title

Rule 38
Missing Abstract

38.1 Lack of Abstract

38.2 Establishment of Abstract

Rule 39
Subject Matter under Article 17(2)(a)(i)

39.1 Definition

Rule 40
Lack of Unity of Invention (International Search)

40.1 Invitation to Pay

40.2 Additional Fees

40.3 Time Limit

Rule 41
Earlier Search Other Than International Search

41.1 Obligation to Use Results; Refund of Fee

Rule 42
Time Limit for International Search

42.1 Time Limit for International Search

Rule 43
The International Search Report

43.1 Identifications

43.2 Dates

43.3 Classification

43.4 Language

43.5 Citations

43.6 Fields Searched

43.7 Remarks Concerning Unity of Invention

43.8 Signature

43.9 No Other Matter

43.10 Form

Rule 44
Transmittal of the International Search Report, Etc.

44.1 Copies of Report or Declaration

44.2 Title or Abstract

44.3 Copies of Cited Documents

Rule 45
Translation of the International Search Report

45.1 Languages

Rule 46
Amendment of Claims before the International Bureau

46.1 Time Limit

46.2 [Deleted]

46.3 Language of Amendments

46.4 Statement

46.5 Form of Amendments

Rule 47
Communication to Designated Offices

47.1 Procedure

47.2 Copies

47.3 Languages

Rule 48
International Publication

48.1 Form

48.2 Contents

48.3 Languages

48.4 Earlier Publication on the Applicant's Request

48.5 Notification of National Publication

48.6 Announcing of Certain Facts

Rule 49
Copy, Translation and Fee under Article 22

49.1 Notification

49.2 Languages

49.3 Statements under Article 19: Indications under Rule 13his.4

49.4 Use of National Form

49.5 Contents of and Physical Requirements for the Translation

Rule 50
Faculty under Article 22(3)

50.1 Exercise of Faculty

Rule 51
Review by Designated Offices

51.1 Time Limit for presenting the Request to Send Copies

51.2 Copy of the Notice

51.3 Time Limit for Paying National Fee and Furnishing Translation

Rule 51
his Certain National Requirements Allowed-under Article 27(1),(2),(6)
and (7)

his.1 Certain National Requirements

his 2 Opportunity to Comply with National Requirements

Rule 52
Amendment of the Claims, the Description, and the Drawings, before
Designated Offices

52.1 Time Limit

Part C: Rules Concerning Chapter II of the Treaty
Rule 53
The Demand

53.1 Form

53.2 Contents

53.3 The Petition

53.4 The Applicant

53.5 The Agent

53.6 Identification of the International Application

53.7 Election of States

53.8 Signature

Rule 54
The Applicant Entitled to Make a Demand

54.1 Residence and Nationality

54.2 Several Applicants: Same for All Elected States

54.3 Several Applicants: Different for Different Elected States

54.4. Applicant Not Entitled to Make a Demand or an Election

Rule 55
Languages (International Preliminary Examination)

55.1 The Demand

Rule 56
Later Elections

56.1 Elections Submitted Later Than the Demand

56.2 Identification of the International Application

56.3 Identification of the Demand

56.4 Form of Later Elections

56.5 Language of Later Elections

Rule 57
The Handling Fee

57.1 Requirement to Pay

57.2 Amonts of the Handling Fee and the Supplement to the Handling Fee

57.3 Time and Mode of Payment

57.4 Failure to Pay (Handling Fee)

57.5 Failure to Pay (Supplement to the Handling Fee)

57.6 Refund

Rule 58
The Preliminary Examination Fee

58.1 Right to Ask for a Fee

58.2 Failure to Pay

58.3 Refund

Rule 59
The Competent International Preliminary Examining Authority

59.1 Demands under Article 31(2)(a)

59.2 Demands under Article 31(2)(b)

Rule 60
Certain Defects in the Demand or Elections

60.1 Defects in the Demand

60.2 Defects in Later Elections

Rule 61
Notification of the Demand and Elections

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

61.2 Notifications to the Elected Offices

61.3 Information for the Applicant

Rule 62
Copy for the International Preliminary Examining Authority

62.1 [Deleted]

62.2 Amendments

Rule 63
Minimum Requirements for International Preliminary Examining
Authorities

63.1 Definition of Minimum Requirements

Rule 64
Prior Art for International Preliminary Examination

64.1 Prior Art

64.2 Non-Written Disclosures

64.3 Certain Published Documents

Rule 65
Inventive Step or Non-Obviousness

65.1 Approach to Prior Art

65.2 Relevant Date

Rule 66
Procedure before the International Preliminary Examining Authority

66.1 Basis of the International Preliminary Examination

66.2 First Written Opinion of the International Preliminary Examining
Authority

66.3 Formal Response to the International Preliminary Examining Authority

66.4 Additional Opportunity for Submitting Amendments or Arguments

66.5 Amendment

66.6 Informal Communications with the Applicant

66.7 Priority Document

66.8 Form of Amendments

66.9 Language of Amendments

Rule 67
Subject Matter under Article 34(4)(a)(i)

67.1 Definition

Rule 68
Lack of Unity of Invention (International Preliminary Examination)

68.1 No Invitation to Restrict or Pay

68.2 Invitation to Restrict or Pay

68.3 Additional Fees

68.4 Procedure in the Case of Insufficient Restriction of the Claims

68.5 Main Invention

Rule 69
Time Limit for International Preliminary Examination

69.1 Time Limit for International Preliminary Examination

Rule 70
The International Preliminary Examination Report

70.1 Definition

70.2 Basis of the Report

70.3 Identifications

70.4 Dates

70.5 Classification

70.6 Statement under Article 35(2)

70.7 Citations under Article 35(2)

70.8 Explanations under Article 35(2)

70.9 Non-Written Disclosures

70.10 Certain Published Documents

70.11 Mention of Amendments

70.12 Mention of Certain Defects

70.13 Remarks Concerning Unity of Invention

70.14 Signature

70.15 Form

70.16 Annexes of the Report

70.17 Languages of the Report and the Annexes

Rule 71
Transmittal of the International Preliminary Examination Report

71.1 Recipients

71.2 Copies of Cited Documents

Rule 72
Translation of the International Preliminary Examination Report

72.1 Languages

72.2 Copies of Translations for the Applicant

72.3 Observations on the Translation

Rule 73
Communication of the International Preliminary Examination Report

73.1 Preparation of Copies

73.2 Time Limit for Communication

Rule 74
Translations of Annexes of the International Preliminary Examination
Report and Transmittal Thereof

74.1 Contents of Translation and Time Limit for Transmittal Thereof

Rule 75
Withdrawal of the Demand, or of Elections

75.1 Withdrawals

75.2 [Deleted]

75.3 [Deleted]

75.4 Faculty under Article 37(4)(b)

Rule 76
Copy, Translation and Fee under Article 39(1); Translation of Priority
Document

76.1 [Deleted]

76.2 [Deleted]

76.3 [Deleted]

76.4 Time Limit for Translation of Priority Document

76.5 Application of Rules 22.1(g), 49 and 51his

Rule 77
Faculty under Article 39(1)(b)

77.1 Exercise of Faculty

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
78.2 Time Limit Where Election Is Effected after Expiration of 19 Months from
Priority Date

78.3 Utility Models

Part D: Rules Concerning Chapter III of the Treaty
Rule 79
Calendar

79.1 Expressing Dates

Rule 80
Computation of Time Limits

80.1 Periods Expressed in Years

80.2 Periods Expressed in Months

80.3 Periods Expressed in Days

80.4 Local Dates

80.5 Expiration on a Non-Working Day

80.6 Date of Documents

80.7 Fund .....

Rule 81
Computation of Time Limits

80.1 Periods Expressed in Years

81.2 Decision by the Assembly

81.3 Voting by Correspondence

Rule 82
Irregularities in the Mail Service

82.1 Delay or Doss in Mail

82.2 Interruption in the Mail Service

Rule 82
his
Excuse by the Designated or Elected State of Dalays in Meeting
Certain Time Limits

his.1 Meaning of "Time Limit" in Article 48(2)
his 2 Reinstatement of Rights and Other Provisions to Which Article
48(2) Applies

Rule 82
ter
Rectification of Errors Made by the Receiving Office or by the
International Bureau
ter.1 Errors Concerning the International Filing Date and the Priority
Claim

Rule 83
Right to Practice before International Authorities

83.1 Proof of Right

83.2 Information

Part E: Rules Concerning Chapter V of the Treaty
Rule 84
Expenses of Delegations

84.1 Expenses Borne by Governments

Rule 85
Absence of Quorum in the Assembly

85.1 Voting by Correspondence

Rule 86
The Gazette

86.1 Contents

86.2 Languages

86.3 Frequency

86.4 Sale

86.5 Title

86.6 Further Details

Rule 87
Copies of Publications

87.1 International Searching and Preliminary Examining Authorities

87.2 National Offices

Rule 88
Amendment of the Regulations

88.1 Requirement of Unanimity

88.2 [Deleted]

88.3 Requirement of Absence of Opposition by Certain States

88.4 Procedure

Rule 89
Administrative Instructions

89.1 Scope

89.2 Source

89.3 Publication and Entry into Force

Part F: Rules Concerning Several Chapters of the Treaty
Rule 90
Representation

90.1 Definitions

90.2 Efects

90.3 Appointment

90.4 Revocation

Rule 91
Obvious Errors in Documents

91.1 Rectification

Rule 92
Correspondence

92.1 Need for Letter and for Signature

92.2 Languages

92.3 Mailings by National Offices and Intergovernmental Organizations

92.4 Use of Telegraph, Teleprinter, Etc.

Rule 92
his
Recording of Changes in Certain Indications in the Request or the
Demand

his 1 Recording of Changes by the International Bureau

Rule 93
Keeping of Records and Files

93.1 The Receiving Office

93.2 The International Bureau

93.3 The International Searching and Preliminary Examining Authorities

93.4 Reproductions

Rule 94
Furnishing of Copies by the International Bureau and the International

Preliminary Examining Authority

94.1 Obligation To Furnish

Rule 95
Availibility of Translations

95.1 Furnishing of Copies of Translations

Rule 96
The Schedule of Fees

96.1 Schedule of Fees Annexed to Regulations

Schedule of Fees

PART A
Introductory Rules

Rule 1
Abbreviated Exprssions
1.1 Meaning of Abbreviated Expressions

(a) In these Regulation, 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 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
Whenever 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), acopy of a general power of attorney. a priority
document, a document relating to the payment of fees, and any other
document (to be specified in the check list);
(iii) the number of that figure or 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, international-type or other
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.

(i) 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,
(ii) a request to the receiving Office to transmit the priority document to
the International Bureau where the application whose priority is claimed
was filed with the national Office or intergovernmental authority which
is the receiving Office.

(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) Addreses ahall be indicated in such a way as to satisfy the customary
requirements for prompt postal delivey 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 telegraphie and teleprinter address and
telephone number of the agent or common representative or, in the
absence of the designation of an agent or common representative in the
request, of the applicant first named in the request.
(d) For each applicant, inventor, or agent, anly one address may be indicated,
except that, if no agent has been appointed to represent the applicant, or
all of them if more than one, the applicant or, if there is more than one
applicant, the common representative, may indicate, in addition to any
other address give in the request, an address to which notifications shall be
sent.
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.

(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.

(c)
The request may, for different designated State, indicate diferent
persons as inventors where, in this repect, 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 parson, 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 requwst
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
angent representing all the applicants and it does not comply with the
requirenment of designating one of the applicants as provided in
paragraph (a), the common representative shall be the applicant first
named in the request who is entitled to file an international application
with the receiving Office with which the international application was
filed (Rule 19.1)(a)).
4.9
Designation of States
Contracting States shall be designated in the request by ther names.
4.10 Priority Claim

(a)
The declaration referred to in Article 8(1) shall be made in the requesr;
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 earlien application is not a regional or an international
application, the country in which it was filed; when the eartier
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 consedered not to have been made except where,
resulting from an obvious error, the indication of the said country
or the said date is missing or is erroneous; whenever the identity
or correct identity of the said country, or the said date or the
correct date, may be established on the basis of the copy of the
earlier application which reaches the receiving Iffice before it
transmits the record copy to the International Bureau, the error
shall be considered as an obvious error.

(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 or to
the receiving Office prior to the expiration of the 16th month from the
priority date, it shall be considered by all designated States to have
furnished in time.

(d) If the filing date of the erlier application as indicated in the request does
not fall within the period of one year preceding the international filing
date, 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 erroncously, for the correction of the
date so indicated. If the applicant fails to act accordingly within one month
from the date of the invitation, the daclaration made under Article 8(1)
shall be cancelled ex officio.

(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 Search
If an international or international type search has been requested on an
application under Article 15(5) or if the applicant wishes the International
Searching Authority to base the international search report wholly or in part on
the results of a search, other than an international or international-type search,
made by the national Office or intergovernmental organization which is the
International Searching Authority competent for the international application,
the request shall contain a reference to that fact. Such reference shall either
identify the application (or ist translation, as the case may be) in respect of
which the earlier search was made by indicating country, date and number, or
the said search by indicating, where applicable, date and number of the
request for such search.
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 sace 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 Patent 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 appication or the parent patent, parent invento's
certificate, or parent uitility certificate to which the patent or certificate of
addition, inventor's certificate of addition, or utility certificate of addition, if
granted, relates. For the purposses 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
dasignated 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 characterers 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 Additional Matter

(a)
The request shall contain no matter other than that specified in Rules
4.1 to 4.16, provided that the Administrative Instructions may permit,
but cannot make mandatory, the inclusion in the request of any
additional matter specified in the Administrative Instructions.

(b)
If the request contains matter other than that specified in Rules 4.1 to
4.16 or permitted under paragraph (a) by the Administative Instructions,
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 inventions, 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 effct 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 understtod 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 mathod 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 protestion 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 prof art.

(ii)
a charsclening 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 clains shall not server as a basis for any other
multiple dependent claim. Where the national law of the national Office
acting as International Searching Authority does not allow multiple
dependent claims to be drafted in a manner different from that provided
for in the preceding two sentences, failure to use that manner of
claiming may result in an indication under Article 17(2)(b) in the
international search report. Failure to use the said manner of claiming
shall have no effect in a designated State if the manner of claiming
actually used satisfies the national law of that State.

(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 concidered.

(c)
All dependent claim 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 two 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 two months
from the date of the written invitation reguiring 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 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
Figure

(a)
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, subject to paragraph (b), indicate the figure or figures
which should accompany the abstract when the latter is published by the
International Bureau. In such case, the abstract shall be accompanied by
the figure or figures so indicated by the International Searching
Authority. Otherwise, the abstract shall, subject to paragraph (b), be
accompanied by the figure or figures suggested by the applicant.

(b)
If the International Searching Authority finds that none of the figures of
the drawings is useful for the understanding of the abstract, it shall
notify the International Bureau accordingly. In such case, the abstract,
when published by the International Bureau, shall not be accompanied by
any figure of the drawings even where the applicant has made a
suggestion under Rule 3.3(a)(iii).
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 particylar 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
Nothing of Lock 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 Internasional
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 Celsius, or also expressed in
degrees Celsius, if first expresses in a different manner.

(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 reguire that the international application and
any of the documents referred to in 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 not be folded.

(d) Subject to Rule 11.10(d) and 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: 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: 4 cm

left side : 4 cm

right side : 3 cm

bottom : 3 cm

(c)
On sheets containing drawings, the surfase 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 it 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 midde, 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.

(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 calor, satisfying
the requirements specified in Rule 11.2.

(e)
As far as the spacing of the typing and the size of the characters are
comcerned, 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.

(d)
Tables and chemical or mathematical formulae may be placed sideways
on the sheet if they cannot be presented satisfactorily in an upright
position thereon; sheets on which tables or chemical or mathematical
formulae are presented sideways shall be so presented that the tops of
the tables of formulase are at the left side of the sheet.
11.11 Words in Drawings

(a)
The drawings shall not contain text matter, expet 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 blok
schematic or flow sheet diagrams, a few short catchwords 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 ceasonably free from erasutes and shall be free from
alterations, ....... with this Rule may be authorized of the suthentionts of the
suntent is not in question and the requirements for good reproducton are not in
jeopardy
11.13 Special Requirements for Drawings

(a)
Drawings shall be executed in durable, black suffictently 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. Where the figures are not arranged in an upright position,
they shall be presented sideways with the top of the figures at the left
side of the sheet.

(k)
The different figures shall be numbered in arabic numerals concecutively
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 interntional
application.

Rule 12
Language of the International Application

12.1 Admitted Languages

(a) 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.

(b) If the international application is filed in a language other than the
language in which it is to be published, the request may, notwithstanding
paragraph (a), be filed in the language of publication.

(c) * Subject to paragraph (d), where the offcial language of the receiving
Office is one of the languages referred to in Rule 48.3(a) but is languge not
specified in the agreement referred to in paragraph (a), the international
application may be filed in the said official language. If the international
application is filed in the said official language, the search copy transmittes
to the International Searching Authority under Rule 23.1 shall be
accompanied by a translation into the language, or one of the languages,
specified in the agreement refeement to in paragraph (a); such translation
shall be prepared under the responsibility of the receiving Office.

(d) * Paragraph (c) shall apply only where the International Searching
Authority has declared, in a notification addressed to the International
Bureau, that it accepts to search international applications on the basis of
the translation referred to in paragraph (c).
12.2 Language of Changes in the International Application
Any changes in the international application, such a amendments and
corrections, shall, subject to Rules 46.3 and 66.9, be in the same language as
the said application.

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").
* Paragraphs (c) and (d) of Rule 12.1 will become applicable at the same time
that the PCT will enter into force in respect of the country which, among the
Spanish-speaking countries, is the first to ratify or accede to the PCT.
13.2 Claims of Diflerent Categortes
Rule 13.1 shall be construed as permitting, is particular, one of the following
the possibilities:

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

(ii) in addition to an independent claim for a gevin process the inclesion in the
same international application of an independent claim for an apparatus or
means specifially designed for carrying out the said process, or

(iii) in addition to an independent claim for a given product, the inclusion in the
same international application of an independent claim for a process
specially adapted for the manufacture of the product, and the inclusion in
the same international application of an independent claim for an
apparatus or means specifically designed for carrying out the 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 permetted 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 unility models once the processing of the international
application has started in that State,
provided that the applicant shall be
allowed at least two 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 13 his
Microbiological Inventions

13his. 1 Definition
For the purposes of this Rule, "reference to a deposited microorganism" means
particulars given in an international application with respect to the deposit of a
microorganism with a depositary institution or the microorganism so deposited.

13his. 2 References (General)
Any reference to a deposited microorganism shall be made in accordance with
this Rule and, if so made, shall be considered as satisfying the requirements of
the national law of each designated, State.
13his. 3 References: Contents; Failure to Include Reference or Indication

(a) A reference to a deposited microorganism shall indicate.

(i) the name and address of the depositary institution with which the
deposit was made;

(ii) the date of deposit of the microorganism with that institution;

(iii) the accession number given to the deposit by that institution; and

(iv)any additional matter of which the International Bureau has been
notified pursuant to Rule 13his.7(a)(i), provided that the requirement to
indicate that matter was published in the Gazette in accordance with
Rule 13his.7(c) at least two months before the filing of the international
application.

(b) Failure to include a reference to a deposited microorganism or failure to
include, in a reference to a deposited microorganism, an indication in
accordance with paragraph (a), shall have no consequence in any designated
State whose national law does not require such reference or such indication
in a national application.

13his.4 References; Time of Furnishing Indications
If any of the indications referred to in Rule 13his.3(a) is not included in a
reference to a deposited microorganism in the international application as filed
but is furnished by the applicant to the International Bureau within 16 months
after the priority date, the indication shall be considered by any designated
Office to have been furnihed in time unless its national law requires the
indication to be furnished at an earlier time in the case of a national
application and the International Bureau has been notified of such requirement
pursuant to Rule 13his.7(a)(ii),
provided that the International Bureau has
published such requirement in the Gazette in accordance with Rule 13his.7(c)
at least two months before the filing of the international application. In the
event that the applicant makes a request for early publication under Article
21(2)(b), however, any designated Office may consider any indication not
furmished by the time such request is made as not having been furnished in
time. Irrespective of whether the applicable time limit under the preceding
sentences has been observed, the International Bureau shall notify the
applicant and the designated Offices of the date on which it has received any
indication not included in the international application as filed. The
International Bureau shall indicate that date in the international publication of
the international application if the indication has been furnished to it before
the completion of technical preparations for international publication.

13his.5 References and Indications for the Purposes of One More
Designated States. Different Deposits for Different Designated State: Deposits
with Depositary Institutions Other Than Those Notified

(a) A reference to a deposited microorganism shall be considered to be made
for the purposes of all designated States, unless it is expressly made for
the purposes of certain of the designated States only; the same applies to
the indications included in the reference.

(b) References to different deposits of the microorganim may be made for
different designated States,

(c) Any designated Office shall be entitled to disregard a deposit made with a
depositary institution other than one notified by it under Rule 13his.7(b).

13his.6 Furnishing of Samples
(a)
Where the international application contains a reference to a deposited
microorganism, the applicant shall, upon the request of the International
Searching Authority or the International Preliminary Examining Authority,
authorize and assure the furnishing of a sample of that microorganism by the
depositary institution to the said Authority, provided that the said Authority has
notified the International Bureau that it may require the furnishing of samples
and that such samples will be used solely for the purposes of internatonal
search or international preliminary examination, as the case may be, and such
notification has been published in the Gazette.
b)
Pursuant to Articles 23 and 40, no furnishing of samples of the deposited
microorganism to which a reference is made in an international application
shall., except with the authorization of the applicant, take place before the
expiration of the applicable time limits after which national processing may
start under the said Articles. However, where the applicant performs the acts
referred to in Articles 22 or 39 after international publication but before the
expiration of the said time limits, the furnishing of samples of the deposited
microorganism may take place, once the said acts have been performed.
Notwithstanding the previous provision, the furnishing of samples of the
deposited microorganism may take place under the national law applicable for
any designated Office as soon as, under that law, the international publication
has the effexts of the compulsory national publication of an unexamined
national application.

13his.7 National Requirements: Notification and Publication
(a)
Any national Office may the International Bureau of any requirement of the
national law.

(i)
that any matter specified in the notification, in addition to those
referred to in Rule 13his.3(a)(i), (ii) and (iii), is required to be included in
a reference to a deposited microorganism in a national application;

(ii)
that one or more of the indications referred to in Rule 13his.3(a) are
required to included in a national application as filed or are required to
be furnished as a time specified in the notification which is earlier than
16 months after the priority date.
(b)
Each national Office shall notify the International Bureau of the depositary
institutions with which the national law permits deposits of microorganisms to
be made for the purposes of pateht procedure before that Office or, if the
national law does not provide for or permit such deposits, of that fact.
(c)
The International Bureau shall promptly publish in the Gazette requirements
notified to it under paragraph (a) and information notified to it under paragraph
(b).

Rule 14
The Transmital 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 Bereau and the competent International
Searching Autority, 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) to be collected by the receiving Office
and consisting of.
(i)
a basic fee, and
(ii)
as many designation fees as there are national patents and regional patents
sought by the applicant in the international application, except that, where
Article 44 applies in respect of a designation, only one designation fee shall be
due.
15.2 Amounts
(a)
The amounts of the basis fee and of the designation fee are as set out in the
Schedule of Fees.
(b)
The amounts of the basic fee and of the designation fee shall be established,
for each receiving Office whice, under Rule 15.3, prescribes the payment of
those fees in a currency or currencies other than Swiss currency, by the
Director General after consultation with that Office and in the currency or
currencies prescribed by that Office (prescribed currency). The amounts in each
prescribed currency shall be the equivalent, in round figures, of the amounts in
Swiss currency set out in the Schedule of Fees. They shall be published in the
Gazette.
(c)
Where the amunts of the fees set out in the Schedule of Fees are changed the
corresponding amounts in the prescribed currencies shall be applied from the
same date as the amounts set out in the amended Schedule of Fees.
(d)
Where the exchange rate between Swiss currency and any prescribed currency
becomes different from the exchange rate last applied, the Director General
shall establish new amounts in the prescribed currency according to directives
given by the Assembly. The newly established amounts shall become applicable
two months after the date of their publication in the Gazette, provided that
the interested Office and the Director General may agree on a date dalling
during the said two-month period in which case the said amounts shall become
applicable for that Office from that date.
15.3 Mode of Payment

The international fee shall be payable in the currency or currencies prescribed
by the receiving Office, it being understood that, when transferred by the
receiving Office to the International Bureau, the amount transferred shall be
feely convertible into Swiss currency.
15.4 Time of Payment
(a)
The basic fee shall be paid within one mont from the date of receipt of the
international application.
(b)
The designation fee shall be paid:

(i)
where the international application does not contain a priority claim
under Article 8, within one year from the date of receipf of the
international application.

(ii)
where the international application contains a priority claim under
Article 8, within one year from the priority date or within one mont from
the date of receipt of the international application if that mont expires
after the expiration of one year from the priority date.
(c)
Where the basic fee or the designation fee is paid later than the date on which
the international application was received and where the amount of that fee is,
in the currency in which it is payable, higher on the date of payment (the
higher amont) than it was on the date on which the international application
was received ("the lower amount").

(i)
the lower amount shall be due if the fee is paid within one mont from
the date of receipt of the interntional application.

(ii)
the higher amount shall be due if the fee is paid later than one month
from the date of receipt of the international application.
(d)
If on February 3, 1984, paragraphs (a) and (b) are not compatible with the
national law applied by the receiving Office and as long as they continue to be
not compatible with that law, the basic fee shall be paid on the date of receipt
of the international application and the designation fee shall be paid within one
year from the priority date.
15.5 [Deleted]
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 Authoritties by the Treaty and these Requlations.

(b)
The search fee shall be collected by the receiving Office. The said shall
be payable in the currency or currencies prescribed by that Office (the
receiving Office currency), it being understood that, if any receiving
Office currency is not that, or one of those, in which the International
Searching Autority has fixed the said fee (the fixed currency or
currencies), it shall, when transferred by the receiving Office to the
International Searching Autority, be freely convertible into the currency
of the State in which the International Searching Authority has its
headquarters (the headquarters currency). The amount of the search fee
in any receiving Office currency, other than the fixed currency or
currencies, shall be established by the Director General after
consultation with that Office. The amounts so established shall be the
equivalents, in round figures, of the amount established by the
International Searching Authority in the headquarters currency They shall
be published in the Gazette.

(c)
Where the amount of the search fee in the headquarters currency is
changed, the corresponding amounts in the receiving Office currencies,
other than the fixed currency or currencies, shall be applied from the
same date as the changed amount in the headquarters currency.

(d)
Where the exchange rate between the headquarters currency and any
receiving Office currency, other than the fixed currency or currencies,
becomes different from the exchange rate last applied, the Director
General shall establish the new amount in the said receiving Office
currency according to directives given by the Assembly. The newly
established amount shall become applicable two months after its
publication in the Gazette, provided that any interested receiving Office
and the Director General may agree on a date falling during the said
two-month period in which case the said amount shall become applicable
for that Office from that date.

(e)
Where, in respect of the payment of the search fee in a receiving Office
currency, other than the fixed currency or currencies, the amount
actually received by the International Searching Authority in the
headquarters currency is less than that fixed by it, the difference will be
paid to the International Searching Authority by the International
Bureau, whereas, if the amount actually received is more, the difference
will belong to the International Bureau.

(f)
As to the time of payment of the search fee, the provisions of Rule 15.4
relating to the basic fee 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 Rejund
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 Autority, that Authority shall refund the
search fee paid in connection with 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 16his

Advancing Fees by the International Bureau
16his.1 Guarantee by the International Bureau

(a)
Where, by the time they are due under Rule 14.1(b), Rule 15.4(a) and
Rule 16.1(f), the receiving Office finds that in respect of an international
application no fees were paid to it by the applicant, or that the amount
paid to it by the applicant is less than what is necessary to cover the
transmittal fee, the basic fee and the search fee, the receiving Office
shall charge the amount required to cover those fees, or the missing part
thereof, to the International Bureau and shall consider the said amount
as if it had been paid by the applicant at the due time.

(b)
Where, by the time they are due under Rule 15.4(b), the receiving Office
finds that in tespect of an international application the payment made
by the applicant is insufficient to cover the designation fees necessary to
cover all the designations, the receiving Office shall charge the amount
required to cover those fees to the International Bureau and shall
consider that amount as if it had been paid by the applicant at the due
time.

(c)
The International Bureau shall transfer from time to time to each
receiving Office an amount which is expected to be necessary for
covering any charges that the receiving Office has to make under
paragraphs (a) and (b). The amount and the time of such transfers shall
be determined by each receiving Office according to its own wish. The
charging of any amount under paragraphs (a) and (b) shall not require
any advance notice to, or any agreement by, the International Bureau.
16his.2 Obligations of the Apllicant, Etc.

(a)
The International Bureau shall promptly notify the applicant of any
amount by which it was charged under Rule 16his.1(a) and (b) and shall
invite him to pay to it, within one month from the date of the
notification, the said amount augmented by a surcharge of 50%, provided
that the sucharge will not be less, and will not be more, than the
amounts indicated in the Schedule of Fees. The notification may refer to
the charges made both under Rule 16his.1(a) and (b) or, at the discretion
of the International Bureau, there may be two separate notifications,
one referring to charges made under Rule 16his.1(a), the other referring
to charges made under Rule 16his.1(b).

(b)
If the applicant fails to pay, within the said time limit, to the
International Bureau the amount claimed, or pays less than what is
needed to cover the transmittal fee, the basic fee, the search fee, one
designation fee and the surcharge, the International Bureau shall notify
the receiving Office accordingly and the receiving Office shall declare
the international application withdrawn under Article 14(3)(a) and the
receiving Office and the International Bureau shall proceed as provided
in Rule 29.

(c)
if the applicant pays, within the said time limit, to the International
Bureau an amount which is more than what is needed to cover the fees
and surcharge referred to in paragraph (b) but less than what is needed
to cover all the designations maintained, the International Bureau shall
notify the receiving Office accordingly and the receiving Office shall
apply the amount paid in excess of what is needed to cover the fees and
surcharge referred to in paragraph (b) in an order which shall be
established as follows:

(i)
where the applicant indicates to which designation or designations
the amount is to be applied, it shall be applied accordingly but, if
the amount received is insufficient to cover the designations
indicated, it shall be applied to as many designations as are
covered by it in the order chosen by the applicant in indicating
the designations;

(ii)
to the extent that the applicant has not given the indications
under item (i), the amount or the balance thereof shall be applied
to the designations in the order in which they appear in the
international application;

(iii)
where the designation of a State is for purposes of a regional
patent and provided that the required designation fee is, under
the preceding provisions, available for that designation, the
designation of any further States for which the same regional
patent is sought shall be considered as covered by that fee.
The receiving Office shall declare any designation not covered by
the amount paid withdrawn under Article 14(3)(b) and the
receiving Office and the International Bureau shall proceed as
pravided in Rule 29.

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 internatioanl application, a copy ao 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 or to the receiving Office 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)
Where the priority document is issued by the receiving Office, the
applicant may, instead of submitting the priority document, request the
receiving Office to transmit the priority document to the International
Bureau Such request shall be made not later than the expiration of the
applicable time limit referred to under paragraph (a) and may be
subjected by the receiving Office to the payment of a fee.

(c)
If the requirements of neither of the two preceding paragraphs are
complied with, any designated State may disregard the priority claim.
17.2 Availability of Capies

(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 o fthe 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 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 be 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
richt to file an international application shall wxist if at least one of them is
untitled to file an international application according to Article 9.
18.4 Several Applicants: Different for Different Designated States

(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 thar 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 ther State
is a person who, under the national law of that State, is qualified to file
a national application.

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
puroses, 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 teceiving 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 concent of the said national Office or
intergovernmental organization.
19.2 Several Applicants
If there are several applicants, the requirements of Rule 19.1 shall be
considered to be met if the national Office with which the international
application is filed is the national Office of or acting for a Contracting State of
which at least one of the applicants is a resident or national.
19.2 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 re ceived.

(b)
The place on each sheet where the date or number shall be marked, and
other details, shall be specefied in the Adminisistrative 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 eithin 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.
20.3his Manner of Carrying Out Corrections
The Administrative Instructions prescribe the manner in which corrections
required under Article 11(2)(a) shall be presented by the applicant and the
manner in which they shall be entered in the file of the international
application.
20.4 Determination under Article 11(1)

(a)
Promptly after receipt of the papers purpoting 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 spece 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 official language of the
receiving Office.

(b)
The copy whose request sheet hat 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. At the
same time, it shall send to the International Bureau a copy of the
notification sent to the applicant, except where it has already sent, or is
sending at the same time, the record copy to the International Bureau
under Rule 22.1(a).
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 diling the correction. The time limit shall not be less than 10
days, and shall not exceed one month, from the date of the invitation. If
such time limit expires after the expiration of one 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 invitations 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 interntaional 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 applicants 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 of 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 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 five days prior to the expiration of the 13th month
from the priority date.

(b) If the International Bureau has received a copy of the notification under
Rule 20.5(c) but is not, by the expiration of 13 months from the priority
date, in possession of the record copy, it shall remind the receiving Office
that it should transmit the record copy to the International Bureau
promptly.

(c) If the International Bureau has received a copy of the notification under
Rule 20.5(c) but is not, by the expiration of 14 months from the priority
date, in possession of the record copy, it shall notify the applicant and the
receiving Office accordingly.

(d) After the expiration of 14 months from the priority date, the applicant
may request the receiving Office to certify a copy of his international
application as filed and may transmit such certified copy to the
International Bureau.

(e) Any certification under paragraph (d) shall be free of charge and may be
refused only on any of the following grounds:

(i)
the copy which the receiving Office has been requested to certify is
not identical with the international application as filed;

(ii) prescriptions concerning national security prevent the international
aplication from being treated as such;

(iii) the receiving Office has already transmitted the record copy to the
International Bureau and that Bureau has informed the receiving
Office that it has received the record copy.

(f)
Unless the International Bureau has received the record copy, or until it
receives the record copy certified under paragraph (e) and received by the
International Bureau shall be considered to be the record copy.

(g) If, by the expiration of the time limit applicable under Article 22, the
applicant has performed the acts referred to in that Article but the
designated Office has not been informed by the International Bureau of
the receipt of the record copy, the designated Office shall inform the
International Bureau. If the International Bureau is not in possession of the
record copy, it shall promptly notify the applicant and the receiving Office
unless it has already notified them under paragraph (c).
22.2 [Deleted]
22.3 Time Limit under Article 12(3)
The time limit referred to in Article 12(3) shall be three months from the date
of the notification sent by the International Bureau to the applicant under Rule
22.1(c) or (g).

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.

(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 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.

Rule 24
Receipt of the Record Copy by the International Bureau

24.1 [Deleted]
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 claimated. 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 by, and Correcting before, the Receiving
Office of 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 coon as possible, preferably within one month from the
receipt of the international application

(b) If the receiving Office issues an invatation 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 Correctinon
The time limit referred to in Article 14(1)(b) shall be reasonable under the
circumstances and shall be fixed in each case by the receiving Office. If shall
not be less than one month from the date of the invitation to correct. It may be
extended by the receiving Office at any time before a decision is taken.

26.3 Checking of physical Requirements under Article 14(1)(a)(v)
The physical requirements referred to in Rule 11 shall be checked only to the
extent that compliance therewith is necessary for the purpose of reasonably
uniform international publication.

26.3his Invitation to Correct Defects under Article 14(1)(b)
The receiving Office shall not be required to issue the invitation to correct a
defect under Article 14(1)(a)(v) where the physical requirements referred to in
Rule 11 are complied with to the extent 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) to (d) [Deleted]

26.5 Decision of the Receiving Office

(a) The receiving Office shall decide whether the applicant has submitted the
correction within the time limit under Rule 26.2 and, if the correction has
been submitted within that time limit, whether the international
application so corrected is or is not to be considered withdrawn, provided
that no international application shall be considered withdrawn for lack of
compliance with the physical requirements referred to in Rule 11 if it
complies with those requirements to the extent necessary for the purpose
of reasonably uniform international publication.

(b) [Deleted]

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 internationl fee (Rule
15.1(ii).

Rule 28
Defects Noted by the International Bureau

28.1 Note on Certain Defects

(a) If, in the opinion of the International Bureau, the international application
contains any of the defects referred to in Article 14(1)(a)(i), (ii) or (v), the
International Bureau 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 in turn notify the interested
national Office.
29.2 [Deleted]
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 one 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 four 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 indidual
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 defore 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 of 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 to the receiving Office. In the case of Rule 4.8(b),
the notice shall require the signature of all the applicants.

(d) [Deleted]

(e) There shall be no international publication of the international application
or of the designation, as the case may be, if the notice effecting
withdrawal reaches the International Bureau before the technical
preparations for publication have been completed.

Rule 32his
Withdrawal of the Priority Claim

32his.1Withdrawals

(a) The applicant may withdraw the priority claim made in the international
application under Article 8(1) at any time before the international
publication of the international application.

(b) Where the international application contains more than one priority claim,
the applicant may exercise the right provided for in paragraph (a) in
respect of one or more or all of them.

(c) Where the withdrawal of the priority claim, or, in the case of more than
one such claim, the withdrawal of any of them, causes a change in the
priority date of the international application, any time limit which is
computed from the original priority date and which has not already
expired shall be computed from the priority date resulting from that
change. In the case of the time limit of 18 months referred to in Article
21(2)(a), the International Bureau may nevertheless proceed with the
international publication on the basis of the said time limit as computed
from the original priority date if the notice effecting withdrawal reaches
the International Bureau during the period of 15 days preceding the
expiration of that time limit.

(d) For any withdrawal under paragraph (a), the provisions of Rule 32.1(c)
shall apply mutatis mutandis.

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 in 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.

(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, German or
Spanish 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
Offenlegungsschrift as an Auslegeshrift) 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 utily certificate (France)
only.

(e)* Any International Searching Authority whose official language, or one of
whose official languages, is not Japanese, Russian or Spanish is entitled
not to include in its documentation those patent documents of Japan and
the Soviet Union as well as those patent documents in the Spanish
language, 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 six
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.
* The words printed in italics in paragraphs (c)(vi) and (e) of Rule 34.1 will become
applicable at the same time that the PCT will enter into force in respect of the
country which, among the Spanish-speaking countries, is the first to ratify or accede
to the PCT.

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 requiremens 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 techinical qualification 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 iself
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 itselt 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
one 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 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
Intenational Searching Authority or any competent higher outhority,
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 thre-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
Earlier Search Other Than International 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) or to a search other than an international or international-type
search, 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) or in a communication addressed to and
published in the Gazette by the International Bureau, if the international search
report could wholly or partly be based on the results of the said search.

Rule 42
Time Limit for International Search

42.1 Time Limit for International Search
The time limit for establishing the international search report or the
declaration referred to in Article 17(2)(a) shall be three months from the
receipt of the search copy by the International Searching Authority, or nine
months from the priority date, whichever time limit expires later.

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.

(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 State,
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 report shall indicate what parts of the international
application were and what parts were not searched

43.8 Signaiwre
The international search report shall be signed by an authonzed 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 Bureaue and to the applicant.
44.33 Copies of Cited Documents

(a) The request referred to in Article 20(3) may be presented any time during
seven 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 two 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 16 months from the
priority date, whichever time limit expires later, provided that any amendment
made under Article 19 which is received by the International Bureau after the
expiration of the applicable time limit shall be considered to have been
received by that Bureau on the last day of that time limit if it reaches it before
the technical preparations for international publication have been completed.
46.2 [Deleted]
46.3 Language of Amendments
If the international application has been filed in a language other than the
language in which it is published, any amendment made under Article 19 shall
be in the language of publication.
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. The statement
shall be identified as such by a headings, preferebly by using the words
"Statement under Article 19(1)" or their equivalent in the language of the
statement.

(b) The statement shall contain no disparaging comments on the international
search report or the relevance of citations contained in that report.
Reference to citations, relevant to a given claim, contained in the
international search report may be made inly in connection with an
amendment of that claim.
46.5 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) and (c) [Deleted]

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
publication of the international application and, in any event, by the end
of the 19th month after the priority date. Any amendment received by the
International Bureau within the time limit under Rule 46.1 which was not
included in the communication shall be communicated promptly to the
designated Offices by the International Bureau, and the latter shall notify
the applicant accordingly.

(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. Each designated Office shall be informed, separately
from the communication, about the sending and the date of mailing of the
notice. The notice shall be accepted by all designated Offices as
conclusive evidence that communication has duly taken place on the date
specified in the notice.

(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 provides 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.

(c) Except to the extent that any designated Office notifies the International
Bereau otherwise, copies of the pamphlet under Rule 48 may be used for
the purposes of the communication of the international application under
Article 20.
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); the publication of the
international search report in the pamphlet shall, however, not be
required to include the part of the international search report which
contains only matter referred to in Rule 43 already appearing on the
front page of the pamphlet,

(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,

(vii) any request for rectification referred to in the third sentence of Rule
91.1(f).

(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 Instructons.

(ii) a figure or figures where the international application contains
drawings, unless Rule 8.2(b) applies.

(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 refferred 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 translation is required to be published under Rule 48.3(c).

(f)
If 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 of the completion of the technical preparation for
international publication, 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 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 of the completion of the tecnical preparations for
international publication, 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 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 Languages

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

(b)* If the international application is filed in a language other than English,
French, German, Japanese, Russian or Spanish, 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 international publication by the
prescribed date, or, where Article 64(3)(b) applies, to permit the
communication under Article 20 by the end of the 19th month after the
priority 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.

* The words printed in italics will become applicable at the same time
that the PCT will enter into force in respect of the country which, among the
Spanishspeaking countries is the first to ratify or accede to the PCT.

(c) If the international application is published in a language other than
English, the international search report to the extent that it is published
under Rule 48.2(1)v), or the declaration referred to in Article 17(2)(a), the
title of the invention, the abstract and any text matter pertaining to the
figures accompanying 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 Article 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(a)(ii) reaches the International Bureau
at a time later than that at whish it as 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) [Deleted]

(c) If the international application or the designation of any designated State
is withdrawn under Rule 32.1, or
if the priority claim is withdrawn under
Rule 32his.1. after the technical preparations for international publication
have been completed, this fact shall be published in the Gazette.

Rule 49
Copy, Translation and Fee under Article 22
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 repuires
translation.

(ii) the amount of the national fee.

(ahis) Any Contracting State not requiring the furnishing, under
Article 22, by the applicant of a copy of the international application (even
though the communication of the copy of the international application by the
International Bureau under Rule 47 has not taken place by the expiration of the
time limit applicable under Article 22) shall notify the International Bureau
accordingly.

(after) Any Contracting State which, pursuant to Article 24(2),
maintains, if it is a designated State, the effect provided for in Article 11(3)
even though a copy of the international application is not furnished by the
applicant by the expiration of the time limit applicable under Article 22 shall
notify the International Bureau accordingly.

(b) Any notification received by the International Bureau under paragraphs
(a),(ahis) or (ater) shall 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 two 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: Indications under Rule 13his.4
For the purposes of Article 22 and the present Rule, any statement made under
Article 19(1) and any indication furnished under Rule 13his.4 shall, subject to
Rule 49.5(c) and (h), be considered part of the international application.
49.4 Use of National Form
No applicant shall be required to use a national form when performing the acts
referred to in Article 22.
49.5 Contents of and Physical Requirements for Translation

(a) For the purposes of Article 22, the translation of the international
application shall contain the description, the claims, any text matter of
the drawings and the abstract. If required by the designated Office, the
translation shall also, subject to paragraphs (b) and (e),

(i)
contain the request.

(ii) if the claims have been amended under Article 19, contain both the
claims as filed and the claims as amended, and

(iii) be accompanied by a copy of the drawings.

(b) Any designated Office requiring the furnishing of a translation of the
request shall furnish copies of the request form in the language of the
translation free of charge to the applicants. The form and contents of the
request form in the language of the translation shall not be different from
those of the request under Rules 3 and 4; in particular, the request form in
the language of the translation shall not ask for any information that is not
in the request as filed. The use of the request form in the language of the
translation shall be optional.

(c) Where the applicant did not furnish a translation of any statement made
under Article 19(1), the designated Office may disregard such statement.

(d) If any drawing contains text matter, the translation of that text matter
shall be furnished either in the form of a copy of the original drawing with
the translation pasted on the original text matter or in the form of a
drawing executed a new.

(e) Any designated Office requiring under paragraph (a) the furnishing of a
copy of the drawings shall, where the applicant failed to furnish such copy
within the time limit applicable under Article 22,

(i)
invite the applicant to furnish such copy within a time limit which
shall be reasonable under the circumstances and shall be fixed in the
invitation, or

(ii) disregard the said drawing if such invitation, on
February 3, 1984,
is not compatible with the national law applied by that Office and as
long as it continues to be not compatible with that law.

(f)
The expression "Fig." does not require translation into any language.

(g) Where any copy of the drawings or any drawing executed anew which has
been furnished under paragraph (d) or (e) does not comply with the
physical requirements referred to in Rule 11, the designated Office may
invite the applicant to correct the defect within a time limit which shall
be reasonable under the circumstances and shall be fixed in the invitation.

(h) Where the applicant did not furnish a translation of any indication
furnished under Rule 13his.4, the designated Office shall invite the
applicant to furnish such translation, if it deems it to be necessary, within
a time limit which shall be reasonable under the circumstances and shall
be fixed in the invitation.

(i)
Information on any requirement and practice of designated Offices under
the second sentence of paragraph (a) shall be pulished by the International
Bureau in the Gazette.

(j)
No designated Office shall require that the translation of the international
application comply with physical requirements other than those prescribed
for the international application as filed.

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 paragraph (a) shall
be promptly published by the International Bureau in the Gezette.

(c) Notifications concerning the shortening of the previously fixed time limit
shall be effective in relation to international applications filed after the
expiration of three 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 two 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 designated, 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 Translation
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.

Rule 51his

Certain National Requirements Allowed under Article 27(1),(2),(6) and (7)
51his.1 Certain National Requirements Allowed
(a)
The documents referred to in Article 27(2)(ii), or the evidence referred to in
Article 27(6), which the applicant may be required to furnish under the national
law applicable by the designated Office include, in particular:

(i)
any document relating to the identity of the inventor.

(ii) any document relating to any transfer or assignament of the right to the
application.

(iii) any document containing an oath or declaration by the inventor alleging
his inventorship,

(iv) any document containing a declaration by the applicant designating the
inventor or alleging the right to the application,

(v) any document containing any proof of the right of the applicant to claim
priority where he is different from the applicant having filed the earlier
application the priority of which is claimed,

(vi) any evidence concerning non-prejudicial disclosures or exceptions to lack
of novelty, such as disclosures resulting from abuse, disclosures at certain
exhibitions and disclosures by the applicant during a certain period of
time.
(b)
The national law applicable by the designated Office may, in accordance with
Article 27(7), require that

(i)
the applicant be represented by an agent having the right to represent
applicants before that Office and/or have an address in the desifnated
State for the purpose of receiving notifications,

(ii) the agent, if any, representing the applicant be duly appointed by the
applicant.
(c)
The national law applicable by the designated Office may, in accordance with
Article 27(1), require that the international application, the translation thereof
or any document relating thereto be furnished in more than one copy.
(d)
The national law applicable by the designated Office may, in accordance with
Article 27(2)(ii), require that the translation of the international application
furnished by the applicant under Article 22 be verified by the applicant or the
person having translated the international application in a statement to the
effect that, to the best of his knowledge, the translation is complete and
faithful.

51his.2 Opportunity to Comply with National Requirements
(a)
Where any of the requirements referred to in Rule 51his.1, or any other
requirement of the national law applicable by the designated Office which that
Office may apply under Article 27(1),(2),(6) or (7), is not already fulfilled during
the same period within which the requirements under Article 22 must be
complied with, the applicant shall have an opportunity to comply with the
requirement after the expiration of that period.
(b)
The national law applicable by the designated Office may, in accordance with
Article 27(2)(ii), require that applicant, upon invitation by the designated
Office, furnish a certification of the translation of the international application
by a public authority or a sworn translator, if the designated Office deems such
certification to be necessary under the circumstances, within a time limit shall
be reasonable under the circumstances and shall be fixed in the invitation.
(c)
If, on February 3, 1984, paragraph (a) is, with respect to the requirements
referred to in Rule 51his.1(a)(iii) and (vi), (b)(i) and (d), not compatible with
the national law applied by the designated Office and as long as it continues to
be not compatible with that law, the applicant shall have no opportunity to
comply with any of the requirements after the expiration of the time limit
applicable under Article 22. Information on such national laws shall be
published by the International Bureau in the Gazette.

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 Articel 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 four 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.

(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 ander Article 11 of the Patent Cooperation Treaty. The under
signed 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 Stetes, 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 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)
[Deleted]
54.4 Applicant Not Entitled to Make a Demand or an Election

(a)
If the applicant does not have the right or, in the case of several
applicants, if none of them has the right to make a demand under Article
31(2), the demand shall be considered not to have been submitted.

(b)
If the requirement under Rule 54.3(a) is not fulfilled in respect of any
elected State, the election of that State shall be considered not to have
been made.

Rule 55
Languages (International Preliminary Examination)
55.1 The Demand
The demand shall be in the language of the international application or, if the
international application has been filed in a language other than the language
in which it is published, in the language of publication.

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 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

(a)
Each demand for international preliminary examination shall be subject
to the payment of a fee for the benefit of the International Bureau
("handling fee") to be collected by the International Preliminary
Examining Authority to which the demand is submitted.

(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 collected by the
International Bureau.
57.2 Amounts of the Handling Fee and the Supplement to the Handling Fee

(a)
The amount of the handling fee is as set out in the Schedule of Fees. The
amount payable in any particular case shall be the amount as so set out,
increased 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)
The amount of the supplement to the handling fee is as set out in the
Schedule of Fees. The amount payable in any particular case shall be the
amount as so set out, multiplied by the number of additional languages
referred to in Rule 57.1(b).

(c)
The amount of the handling fee shall be established, for each
International Preliminary Examining Authority which, under Rule 57.3(c),
prescribes the payment of the handling fee in a currency or currencies
other than Swiss currency, by the Director General after consultation
with that Authority and in the currency or currencies prescribed by that
Authority (prescribed currency). The amount in each prescribed currency
shall be the equivalent, in round figures, of the amount of the handing
fee in Swiss currency currency set out in the Schedule of Fees.

The amounts in the prescribed currencies shall be published in the
Gazette.

(d)
Where the amount of the handling fee set out in the Schedule of Fees in
changed, the corresponding amounts in the prescribed currencies shall
be applied from the same date as the amount set out in the amended
Schedule of Fees.

(e)
Where the exchange rate between Swiss cureency and any prescribed
currency becomes different from the exchange rate last applied, the
Director General shall establish the new amount in the prescribed
currency according to directives given by the Assembly. The newly
established amount shall become applicable two months after its
publication in the Gazette, provided that the interested International
Preliminary Examining Authority and the Director General may agree on a
date falling during the said two-month period in which case the said
amount shall become applicable for that Authority from that date.
57.3 Time and Mode of Payment

(a)
The handling fee shall be due at the time the demand is submitted.

(b)
Any supplement to the handling fee shall be due at the time the later
election is submitted.

(c)
The handling fee shall be payable in the currency or currencies
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, the International
Preliminary Examining Authority shall invite the applicant to pay the fee
within one month from the date of the invitation.

(b)
If the applicant complies with the invitation within the one-month time
limit, the handling fee shall be considered as if it had been paid on the
due 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.
57.5 Failure to Pay (Supplement to the Handling Fee)

(a)
Where the supplement to the handling fee is not paid as required, the
International Bureau shall invite the applicant to pay the supplement
within one month from the date of the invitation.

(b)
If the applicant complies with the invitation within the one-month time
limit, the supplement to the handling fee shall be consedered as if it had
been paid on the due 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.
57.6 Refund
In no case shall the handling fee, or the supplement to the handling fee, 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 od 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.
58.2 Failure to Pay

(a)
Where the preliminary examination fee fixed by the International
Preliminary Examining Authority under Rule 58.1(b) is not paid as
required under that Rule, the International Preliminary Examining
Authority shall invite the applicant to pay the fee or the missing part
thereof within one month from the date of the invitation.

(b)
If the applicant complies with the invitation within the prescribed time
limit, the preliminary examination fee will be considered as if it had
been paid on the due 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.
58.3 Refund
The International Preliminary Examining Authorities shall inform the
International Bureau of the extent, if any, to which, and the conditions, if any,
under which, they will refund any amount paid as a preliminary examination fee
where the demand is considered as if it had not been submitted, and the
International Bureau shall promptly publish such information.

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
Prelimiary 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 Dafects in the Demand ro Elections

60.1 Defects in the Demand

(a)
If the demand does not comply with the requirements specified in Rule
53 and 55, the International Preliminary Examining Authority shall invite
the applicant to correct the defects within one 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
actual filing date, provided that the demand as submitted contained at
least one election and permitted the international application to be
identifed; otherwise, the demand shall be considered as if it had been
received on the date on which the International Preliminary Examining
Authority receives the correction.

(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 one 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 actual filing date, provided that the later election as submitted
contained at least one election and permitted the international
application to be identified, otherwise, the later election shall be
considered as if it had been received on the date on which the
Internationla Bureau receives the correction.

prescribed time limit, the later election shall be considered as if it had

not been submitted.

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 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 demand to the International Bureau, and shall prepare
and keep a 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 54.4(a), 57.4(c), 58.2(c) or
60.1(c) as if it had not been submitted or where an election has been
considered under Rule 54.4(b) as if it had not been made, the
International Preliminary Examining Authority shall notify the applicant
and the International Bureau 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 has been considered under
Rule 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 [Deleted]
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 consdered 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 disiclosure 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 reffered 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 claim'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 there 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. Where the national law
of the national Office acting as International Preliminary
Examining Authority does not allow multiple dependent claims to
be drafted in a manner different from that provided for in the
second and third sentences of Rule 6.4(a), the International
Preliminary Examining Authority may, in case of failure to use that
manner of claiming, apply Article 34(4)(b). In such case, it shall
notify the applicant accordingly in writing.

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

(d)
The notification shall fix a time limit for the reply. The time limit shall
be reasonable under the circumstances. It shall normally be two months
after the date of notification. In no case shall it be shorter than one
month after the said date. It shall be at least two 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 three months
after the said date.
66.3 Formal Response to the International Preliminary Examining Authority

(a)
The applicant may repond to the invitation referred to in Rule 66.2(c) of
the
International
Preliminary
Examining
Authority
by
making
amendments 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 Submitting Amendments or Arguments

(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 orguments.
66.5 Amendment

Any change, other than the rectification of obvious errors, 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. If
that copy is not furnished to the International Preliminary Examining
Authority because the applicant failed to comply with the requirements
of Rule 17.1, the international preliminary examination report may be
established as if the priority had not been claimed.

(b)
If the application whose priority is claimed in the international
application is in a language other than the language or one of the
languages of the International Priliminary Examining Authority, that
Authority may invite the applicant to furnish a translation in the said
language or one of the said languages within two months from the date
of the invitation. If the translation is not furnished within that time limit,
the international preliminary examination report may be established as if
the priority had not been claimed.
66.8 Form of Amendments

(a)
The applicant shall be required to submit a replacement sheet for every
sheet of the international application which, on account of an
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)
[Deleted]

66.9 Language of Amendments

If the international application has been filed in a language other than the
language in which it is published, any amendment, as well as any letter
referred to in Rule 66.8(a), shall be submitted in the language of publication.

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 presentation 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 inventions 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 fess, 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 one
month, and it shall not be longer than two 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
protestjustified, 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 Claims
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)
The time limit for establishing the international preliminary examination
report shall be:

(i)
28 months from the priority date if the demand was filed prior to
the expiration of 19 months from the priority date;

(ii)
nine months from the start of the international preliminary
examination if the demand was filed after the expiration of 19
months from the priority date.

(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 six months after the expirarion 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 calims have been amended, the report shall issue on the claims as
amended.

(b)
If, pursuant to Rule 66.7(a) or (b), 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 betond 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 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
If, before the Internatonal Preliminary Examining Authority, amendments have
been made, this fact shall be indicated in the report. Where any amendment
has resulted in the cancellation of an entire sheet, this fact shall also be
specified 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 dafects 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 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 Annexes of the Report
If the claims, the description, or the drawings, were amended before the
International Preliminary Examining Authority, each replacement sheet under
Rule 66.8(a) shall be annexed to the report. Replacement sheets superseded by
later replacement sheets and letters under Rule 66.8(a) shall not be annexed.
70.17 Languages of the Report and the Annexes

(a)
The report and any annex shall be in the language in which the
international application to which they relate is published.

(b)
[Deleted]

Rule 71
Transmital of the International
Preliminary Examination Report

71.1 Recipients

The International Preliminary Examining Authority shall, on the same day,
transmit one copy of the internationalpreliminary examination repot 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 seven
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
const 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 asend
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 of 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 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
Communications of the International
Preliminary Examination Report

73.1 Preparation of Coptes
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 communucation 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 Contents of Translation and Time Limit for Transmittal Thereof
Where the furnishing of a translation of the international application is required
by the elected Office under Article 39(1), the applicant shall, within the time
limit applicable under Article 39(1), transmit a translation of any replacement
sheet referred to in Rule 70.16 which is annexed to the international
preliminary examination report. The same time limit shall apply where the
furnishing of a translation of the international application to the elected Office
must, because of a declaration made under Article 64(2)(a)(i), be effected
within the time limit applicable under Article 22.

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 30 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 and 75.3 [Deleted]
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 one month after the
publication date of the relevant issue of the Gazette.

Rule 76
Copy, Translation and Fee under Article 39(1);
Translation of Priority Document

76.1, 76.2 and 76.3 [Deleted]
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.
76.5 Application of Rules 22.1(g), 49 and 51his
Rules 22.1(g), 49 and 51his shall apply, provided that:

(i)
any reference in the said Rules to the designated Office or to the
designated State shall be construed as a reference to the elested Office or to
the elected State, respectively;

(ii)
any reference in the said Rules to Article 22 shall be construed as a
reference to Article 39(1);
(iii) the words international applications filed in Rule 49.1(c) shall be replaced by
the words a demand submitted.
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 three 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 ate

(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 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 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, 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 in 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 minth and the day on which the said event occurred, provided that if the
relevant subswquent 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 in 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

(a)
Where a period starts on the day of the date od a document or letter
emanating from a national Office or intergovernmental organization, any
interested party may prove that the said document or latter was mailed
on a day later than the date it bears, in which case the date od actual
mailing shall, for the purposes of computing the period, be considered to
be the date in which the period starts. Irrespective of the date in which
such a document or letter was mailed, if the applicant offers to the
national Office or intergovernmental organization evidence which
satisfies the national Office or intergovernment organization that the
document or letter was received more than seven days after the date it
bears, the national Offece or intergovernmental organization shall treat
the period starting from the date of the document or letter as expiring
later by an additional number of days which is equal to the number of
days which the document or letter was received later than seven days
after the date it bears.

(b)
[Deleted]
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 midniht on the relevant day.

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 two 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 time limit within which the reply containing
the vote expressed in writing must reach the International Bureau. That
time limit shall not be less than three 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)
Any interested party may offer evidence that he has mailed the
document or letter five days prior to the erpiration of the time limit
Except in cases where surface mail normaily artives at to destination
within two 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 satesfaction 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 as the evidence concerning its
identity with the document or letter lost shall be submitted within one
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 six months after the expiration of the time limit applicable in the
given case.
82.2 Interruption in the Mail Service

(a)
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 plece 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
artival shall be excused, provided that the interested party proves to the
satisfaction of the said Office or organization that he effected the
mailing within five days after the mail service was resumed. The
provisions of Rule 82.1(c) shall apply mutatis mutandis.

Rule 82his
Excuse by the Designated or
Elected State of Delays in
Meeting Certain Time Limits

82bis.1
Meaning of "Time Limit" in Article 48(2)
The reference to "any time limit" in Article 48(2) shall be construed as
comprising a reference:

(i)
to any time limit fixed in the Treaty or these Regulation;

(ii)
to any time limit fixed by the receiving Office, the International
Searching Authority, the International Preliminary Examining Authority or
the International Bureau or applicable by the receiving Office under its
national law;

(iii)
to any time limit fixed by, or in the national law applicable by, the
designated or elected Office, for the performance of any act by the
applicant before that Office.
82bis.2Reinstatement of Rights and Other Provisions to Which Article 48(2) Applies
The provisions of the national law which is referred to in Article 48(2)
concerning the excusing, by the designated or elected State, of any delay in
meeting any time limit are those provisions which provide for reinstatement of
rights, restoration, restitutio in integrum or further processing in spete of
non-compliance with a time limit, and any other provision providing for the
extension of time limits or for excusing delays in meeting time limits.

Rule 82ter
Rectification of Errors Made by the
Receiving Office or by the
International Bureau

82ter.1Errors Concerning the International Filing Date and the Priority Claim
If the applicant proves to the satisfaction of any designated or elected Office
that the international filing date is incorrect due to an error made by the
receiving Office or that the declaration made under Article 8(1) has been
erroneously cancelled or corrected by the receiving Office or the International
Bureau, and if the error is an error such that, had it been made by the
designated or elected Office itself, that Office would rectify it under the
national law national law or national practice, the said Office shall recify the
error and shall treat the international application as if it had been accorded the
rectified international filing date or as if the declaration under Article 8(1) had
not been cancelled or corrected, as the case may be.

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 three 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 Article 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 informations is not prohibited under the
Treaty or these Regulations.
86.2 Languages

(a)
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 assures 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

(a)
Subject to paragraph (b), the Gazette shall be published once a week.

(b)
For a transitional period after the entry into force of the Treaty
terminating upon a date fixed by the Assembly, the Gazette may be
published at such times as the Director General considers appropriate
having regard to be published.
86.4 Sale

(a)
Subject to paragraph (b), the subsreiption and other sale prices of the
Gazette shall be fixed in the Administrative Instructions.

(b)
For a transitional period after the entry into force of the Treaty
terminating upon a date fixed by the Assembly, the Gazette may be
distributed on such terms as the Director General considers appropriate
having regard to the number of international applications and the
amount of other material published therein.
86.5 Title
The ritle 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 Gezette 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 ageinst 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 [Deleted]
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),
88.4 Procedure
Any proposal for amending a provision referred to in Rule 88.1 or 88.3 shall, if
the proposal is to be decided upon in the Assembly, be communicated to all
Contracting States at least two months prior to the opening or 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 confict 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 Authoriries 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 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 Prelimimary Examining Authority.
90.3 Appointment

(a)
Appointment of any agent, or of any common representative within the
meaning of Rule 4.8(a), shall be effected by each applicant, at his
choice, either by signing the request in which the agent or common
representative is designated or by a separate power of attorney (i.e., a
document appointing an agent or common representative).

(b)
The power of attorney may be submitted 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, or if the required
separate power of attorney is missing, or if the indication of the name or
addres 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.

(d)
A general power of attorney may be deposited with the receiving Office
for purposes of the processing of the international application as defined
in Rule 90.2(d). Reference may be made in the request to such general
power of attorney, provided that a copy thereof is attached to the
request by the applicant.
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 in Documents

91.1 Rectification

(a)
Subject to paragraphs (b) to (gquater), obvious errors 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. The rectification itself shall be
obvious in the sense that anyone would immediately realize that nothing
elese 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 may
invite the applicant to present a request for rectification as provided in
paragraphs (e) to (gquater).

Rule 26.4

(a)
shall apply mutatis mutandis to the manner in which rectifications
shall be requested.

(e)
No rectification shall be made except with the express
authorization:

(i)
of the receiving Office if the error is 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)
Any authority which authorizes or refuses any rectification
shall promptly notify the applicant of the authorization or
refusal and, in the case of refusal, of the reasons therefor.
The authority which authorizes a rectification shall
promptly notify the International Bureau accordingly.
Where the authorization of the rectification was refused,
the International Bureau shall, upon request made by the
applicant prior to the time relevant under paragraph
(gbis),(gter) or (gquater) and subject to the payment of a
special fee whose amount shall be fixed in the
Administrative
Instructions,
publish
the
request
for
rectification together with the international application. A
copy of the request for rectification shall be included in the
communication under Article 20 where a copy of the
pamphlet is not used for that communication or where the
international application is not published by virtue of
Article 64(3).

(g)
the authorization for rectification referred to in
paragraph
(e)
shall,
subject
to
paragraphs
(gbis),(gter) and (gquater), be effective:

(i)
where it is given by the receiving Office or by
the International Searching Authority, if its
notification
to
the
International
Bureau
reaches that Bureau before the expitation of
17 months from the priority date;

(ii)
where it is given by the International
Preliminary Examining Authority if it is given
before the establishment of the international
preliminary examination report;

(iii)
where it is given by the International Bureau,
if it is given before the expiration of 17
months from the priority date.
(gbis) If the notification made under paragraph (g)(i) reaches the International Bureau,
or if the rectification made under paragraph (g)(iii) is authorized by the International
Bureau, after the expiration of 17 months from the priority date but before the
technical preparations for international publication have been completed, the
authorization shall be effective and the rectification shall be incorporated in the said
publication.
(gter) Where the applicant has asked the International Bureau to publish his
international application before the expiration of 18 months from the priority date,
any notification made under paragraph (g)(i) must reach, and any rectification made
under paragrap (g)(iii) must be authorized by, the International Bureau, in order for
the authorization to be effective, not later than at the time of the completion of the
technical preparations for international publication.
(gquater) Where the international application is publication is not published by virtue
of Article 64(3), any notification made under paragraph (g)(i) must reach, and any
rectification made under paragraph (g)(iii) must be authorized by, the International
Bureau, in order for the authorization to be effective, not later than at the time of
the communication of the international application under Article 20.

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 latter shall be signed by the
applicant.

(b)
If the requirements provided for in paragraph (a) are not complied with,
the applicant shall be informed as to the non-compliance and invited to
remedy the omission within a time limit fixed in the invitation. The time
limit so fixed shall be reasonable in the circumstances; even where the
time limit so fixed expires later than the time limit applying to the
furnishing of the paper (or even if the latter time limit has already
expired), it shall not be less than 10 days and not more than one month
form the mailing of the invitation. If the omission is remedied within the
time limit fixed in the invitation, the omission shall be disregarded;
otherwise, the applicant shall be informed that the paper has been
disregarded.

(c)
Where non-compliance with the requirements provided for in paragraph
(a) has been overlooked and the paper taken into account in the
international procedure, the non-compliance shall be disregarded.
92.2 Languages

(a)
Subject to Rules 55.1 and 66.9 and to paragraph (b) of this Rule, 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 latter form the applicant to the International Searching Authority or
the International Preliminary Examining Authority may be in a laenguage
other than that of the international application, provided the said
Authority authorizes the use of such language.

(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 two days from mailing or where air mail service is not
available.
92.4 Use of Telegraph, Teleprinter, Etc:

(a)
Notwithstanding the provisions of Rule 11.14 and 92.1(a), but subject to
paragraph (b), below, any document (including any drawing) subsequent
to the international application may be sent by telegraph or teleprinter
or other like means of communication producing a printed or written
document. Any such document so sent shall be considered to have been
submitted in a from compying with the requirements of the said Rules on
the day on which it was communicated by the means mentioned above,
provided that, within 14 days after being so communicated, its contents
are furnished in that form, otherwise, the telegraphic, teleprinter or
other communication shall be considered not to have been made.

(b)
Each nation Office or intergovernmental organization shall promptly
notify the International Bureau of any means referred to in paragraph (a)
by which it is prepared to receive ducoments referred to in that
paragraph. The International Bureau shall publish the information so
received in the Gazette as well as information concerning the means
referred to in paragrap (a) by which the International Bureau is prepared
to receive any such document. Paragraph (a) shall apply with respect to
any national Office or intergovernmental organization only to the extent
the said information has been so published with respect to it. The
International Bureau shall publish, from time to time, in the Gazette,
changes in the information previously published,
Rule 92hbis
Recording of Changes in Certain Indications in
the Request or the Demand

92bis.1
Recording of Changes by the International Bureau

(a)
The International Bureau shall, on the request of the applicant or the
receiving Office, record changes in the following indications appearing in
the request or demand:

(i)
person, name, residence, nationality or address, of the applicant,

(ii)
person, name or address of the agent, the common representative
or the inventor.

(b)
The International Bureau shall not record the requested change if the
request for recording is received by it after the expiration:

(i)
of the time limit referred to in Article 22(1), where Article 39(1) is
not applicable with respect to any Contracting State;

(ii)
of the time limit referred to in Article 39(1)(a), where Article
39(1) is applicable with respect to at least one Contracting State.

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).

Rule 96
The Secberdule of Fees

96.1 Schedule of Fees Annexed to Regulations
The amounts of the fees referred to in Rules 15 and 57 shall be expressed in
Swiss currency. They shall be specified in the Schedule of Fees which is annexed
to these Regulation and forms an integral part thereof.

SCHEDULE OF FEES

Fees Amounts
1.
Basic Fee:

(Rule 15.2(a))

if the international

application contains
not 706 Swiss francs

more than 30 sheets

if the international 706 Swiss francs plus

application contains
14 Swiss francs for

more than 30 sheets
each sheet in excess

of 30 sheets

2.
Designation Fee:

171. Swiss francs per

(Rule 15.2(a)
designation for which

the fee is due, with a

maximum of 1,710

Swiss francs, any such

designation in excess

of 10 being free of

charge

3.
Handing Fee:
216 Swiss francs

(Rule 57.2(a))

4.
Supplement to the 216 Swiss francs

handling Fee:

(Rule 57.2(b))

Surcharges
5.
Surcharge for late Minimum : 268 Swiss francs

payment:

Maximum : 674 Swiss francs

(Rule 16bis.2(a))

Keputusan Presiden Nomor 16 Tahun 1997 tentang PENGESAHAN PATENT COOPERATION TREATY (PCT) AND REGULATION UNDER THE PCT

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