PATENT COOPERATION TREATY DONE AT WASHINGTON, JUNE 19, 1970

THE CONTRACTING STATES,

DESIRING TO MAKE A CONTRIBUTION TO THE PROGRESS OF SCIENCE AND TECHNOLOGY,

DESIRING TO PERFECT THE LEGAL PROTECTION OF INVENTIONS,

DESIRING TO SIMPLIFY AND RENDER MORE ECONOMICAL THE OBTAINING OF PROTECTION FOR INVENTIONS WHERE PROTECTION IS SOUGHT IN SEVERAL COUNTRIES,

DESIRING TO FACILITATE AND ACCELERATE ACCESS BY THE PUBLIC TO THE TECHNICAL INFORMATION CONTAINED IN DOCUMENTS DESCRIBING NEW INVENTIONS,

DESIRING TO FOSTER AND ACCELERATE THE ECONOMIC DEVELOPMENT OF DEVELOPING COUNTRIES THROUGH THE ADOPTION OF MEASURES DESIGNED TO INCREASE THE EFFICIENCY OF THEIR LEGAL SYSTEMS, WHETHER NATIONAL OR REGIONAL, INSTITUTED FOR THE PROTECTION OF INVENTIONS BY PROVIDING EASILY ACCESSIBLE INFOMATION ON THE AVAILABILITY OF TECHNOLOGICAL SOLUTIONS APPLICABLE TO THEIR SPECIAL NEEDS AND BY FACILITATING ACCESS TO THE EVER EXPANDING VOLUME OF MODERN TECHNOLOGY,

CONVINCED THAT COOPERATION AMONG NATIONS WILL GREATLY FACILITATE THE ATTAINMENT OF THESE AIMS,

HAVE CONCLUDED THE PRESENT TREATY.

INTRODUCTORY PROVISONS

ARTICLE 1 ESTABLISHMENT OF A UNION

(1) THE STATES PARTY TO THIS TREATY (HEREINAFTER CALLED "THE CONTRACTING STATES") CONSTITUTE A UNION FOR COOPERATION IN THE FILING, SEARCHING, AND EXAMINATION, OF APPLICATIONS FOR THE PROTECTION OF INVENTIONS, AND FOR RENDERING SPECIAL TECHNICAL SERVICES.  THE UNION SHALL BE KNOWN AS THE INTERNATIONAL PATENT COOPERATION UNION.

(2) NO PROVISION OF THIS TREATY SHALL BE INTERPRETED AS DIMINISHING THE RIGHTS UNDER THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY OF ANY NATIONAL OR RESIDENT OF ANY COUNTRY PARTY TO THAT CONVENTION.

ARTICLE 2 DEFINITIONS

FOR THE PURPOSES OF THIS TREATY AND THE REGULATIONS AND UNLESS EXPRESSLY STATED OTHERWISE:

(I) "APPLICATION" MEANS AN APPLICATION FOR THE PROTECTION OF AN INVENTION; REFERENCES TO AN "APPLICATION" SHALL BE CONSTRUED AS REFERENCES TO APPLICATIONS FOR PATENTS FOR INVENTIONS, INVENTORS' CERTIFICATES, UTILITY CERTIFICATES, UTILITY MODELS, PATENTS OR CERTIFICATES OF ADDITION, INVENTORS' CERTIFICATES OF ADDITION, AND UTILITY CERTIFICATES OF ADDITION;

(II) REFERENCES TO A "PATENT" SHALL BE CONSTRUED AS REFERENCES TO PATENTS FOR INVENTIONS, INVENTORS' CERTIFICATES, UTILITY CERTIFICATES, UTILITY MODELS, PATENTS OR CERTIFICATES OF ADDITION, INVENTORS' CERTIFICATES OF ADDITION, AND UTILITY CERTIFICATES OF ADDITION;

(III) "NATIONAL PATENT" MEANS A PATENT GRANTED BY A NATIONAL AUTHORITY;

(IV) "REGIONAL PATENT" MEANS A PATENT GRANTED BY A NATIONAL OR AN INTERGOVERNMENTAL AUTHORITY HAVING THE POWER TO GRANT PATENTS EFFECTIVE IN MORE THAN ONE STATE;

(V) "REGIONAL APPLICATION" MEANS AN APPLICATION FOR A REGIONAL PATENT;

(VI) REFERENCES TO A "NATIONAL APPLICATION" SHALL BE CONSTRUED AS REFERENCES TO APPLICATIONS FOR NATIONAL PATENTS AND REGIONAL PATENTS, OTHER THAN APPLICATIONS FILED UNDER THIS TREATY;

(VII) "INTERNATIONAL APPLICATION" MEANS AN APPLICATION FILED UNDER THIS TREATY;

(VIII) REFERENCES TO AN "APPLICATION" SHALL BE CONSTRUED AS REFERENCES TO INTERNATIONAL APPLICATIONS AND NATIONAL APPLICATIONS;

(IX) REFERENCES TO A "PATENT" SHALL BE CONSTRUED AS REFERENCES TO NATIONAL PATENTS AND REGIONAL PATENTS;

(X) REFERENCES TO "NATIONAL LAW" SHALL BE CONSTRUED AS REFERENCES TO THE NATIONAL LAW OF A CONTRACTING STATE OR, WHERE A REGIONAL APPLICATION OR A REGIONAL PATENT IS INVOLVED, TO THE TREATY PROVIDING FOR THE FILING OF REGIONAL APPLICATIONS OR THE GRANTING OF REGIONAL PATENTS;

(XI) "PRIORITY DATE," FOR THE PURPOSES OF COMPUTING TIME LIMITS, MEANS:

(A) WHERE THE INTERNATIONAL APPLICATION CONTAINS A PRIORITY CLAIM UNDER ARTICLE 8, THE FILING DATE OF THE APPLICATION WHOSE PRIORITY IS SO CLAIMED;

(B) WHERE THE INTERNATIONAL APPLICATION CONTAINS SEVERAL PRIORITY CLAIMS UNDER ARTICLE 8, THE FILING DATE OF THE EARLIEST APPLICATION WHOSE PRIORITY IS SO CLAIMED;

(C) WHERE THE INTERNATIONAL APPLICATION DOES NOT CONTAIN ANY PRIORITY CLAIM UNDER ARTICLE 8, THE INTERNATIONAL FILING DATE OF SUCH APPLICATION;

(XII) "NATIONAL OFFICE" MEANS THE GOVERNMENT AUTHORITY OF A CONTRACTING STATE ENTRUSTED WITH THE GRANTING OF PATENTS; REFERENCES TO A "NATIONAL OFFICE" SHALL BE CONSTRUED AS REFERRING ALSO TO ANY INTERGOVERNMENTAL AUTHORITY WHICH SEVERAL STATES HAVE ENTRUSTED WITH THE TASK OF GRANTING REGIONAL PATENTS, PROVIDED THAT AT LEAST ONE OF THOSE STATES IS A CONTRACTING STATE, AND PROVIDED THAT THE SAID STATES HAVE AUTHORIZED THAT AUTHORITY TO ASSUME THE OBLIGATIONS AND EXERCISE THE POWERS WHICH THIS TREATY AND THE REGULATIONS PROVIDE FOR IN RESPECT OF NATIONAL OFFICES;

(XIII) "DESIGNATED OFFICE" MEANS THE NATIONAL OFFICE OF OR ACTING FOR THE STATE DESIGNATED BY THE APPLICANT UNDER CHAPTER I OF THIS TREATY;

(XIV) "ELECTED OFFICE" MEANS THE NATIONAL OFFICE OF OR ACTING FOR THE STATE ELECTED BY THE APPLICANT UNDER CHAPTER II OF THIS TREATY;

(XV) "RECEIVING OFFICE" MEANS THE NATIONAL OFFICE OR THE INTERGOVERNMENTAL ORGANIZATION WITH WHICH THE INTERNATIONAL APPLICATION HAS BEEN FILED;

(XVI) "UNION" MEANS THE INTERNATIONAL PATENT COOPERATION UNION;

(XVII) "ASSEMBLY" MEANS THE ASSEMBLY OF THE UNION;

(XVIII) "ORGANIZATION" MEANS THE WORLD INTELLECTUAL PROPERTY ORGANIZATION;

(XIX) "INTERNATIONAL BUREAU" MEANS THE INTERNATIONAL BUREAU OF THE ORGANIZATION AND, AS LONG AS IT SUBSISTS, THE UNITED INTERNATIONAL BUREAUX FOR THE PROTECTION OF INTELLECTUAL PROPERTY (BIRPI);

(XX) "DIRECTOR GENERAL" MEANS THE DIRECTOR GENERAL OF THE ORGANIZATION AND, AS LONG AS 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;

(IV) BE SUBJECT TO THE PAYMENT OF THE PRESCRIBED FEES.

ARTICLE 4 THE REQUEST

(1) THE REQUEST SHALL CONTAIN:

(I) A PETITION TO THE EFFECT THAT THE INTERNATIONAL APPLICATION BE PROCESSED ACCORDING TO THIS TREATY;

(II) THE DESIGNATION OF THE CONTRACTING STATE OR STATES IN WHICH PROTECTION FOR THE INVENTION IS DESIRED ON THE BASIS OF THE INTERNATIONAL APPLICATION ("DESIGNATED STATES"); IF FOR ANY DESIGNATED STATE A REGIONAL PATENT IS AVAILABLE AND THE APPLICANT WISHES TO OBTAIN A REGIONAL PATENT RATHER THAN A NATIONAL PATENT, THE REQUEST SHALL SO INDICATE; IF, UNDER A TREATY CONCERNING A REGIONAL PATENT, THE APPLICANT CANNOT LIMIT HIS APPLICATION TO CERTAIN OF THE STATES PARTY TO THAT TREATY, DESIGNATION OF ONE OF THOSE STATES AND THE INDICATION OF THE WISH TO OBTAIN THE REGIONAL PATENT SHALL BE TREATED AS DESIGNATION OF ALL THE STATES PARTY TO THAT TREATY; IF, UNDER THE NATIONAL LAW OF THE DESIGNATED STATE, THE DESIGNATION OF THAT STATE HAS THE EFFECT OF AN APPLICATION FOR A REGIONAL PATENT, THE DESIGNATION OF THE SAID STATE SHALL BE TREATED AS AN INDICATION OF THE WISH TO OBTAIN THE REGIONAL PATENT;

(III) THE NAME OF AND OTHER PRESCRIBED DATE CONCERNING THE APPLICANT AND THE AGENT (IF ANY);

(IV) THE TITLE OF THE INVENTION;

(V) THE NAME OF AND OTHER PRESCRIBED DATE CONCERNING THE INVENTOR WHERE THE NATIONAL LAW OF AT LEAST ONE OF THE DESIGNATED STATES REQUIRES THAT THESE INDICATIONS BE FURNISHED AT THE TIME OF FILING A NATIONAL APPLICATION.  OTHERWISE, THE SAID INDICATIONS MAY BE FURNISHED EITHER IN THE REQUEST OR IN SEPARATE NOTICES ADDRESSED TO EACH DESIGNATED OFFICE WHOSE NATIONAL LAW REQUIRES THE FURNISHING OF THE SAID INDICATIONS BUT ALLOWS THAT THEY BE FURNISHED AT A TIME LATER THAN THAT OF THE FILING OF A NATIONAL APPLICATION.

(2) EVERY DESIGNATION SHALL BE SUBJECT TO THE PAYMENT OF THE PRESCRIBED FEE WITHIN THE PRESCRIBED TIME LIMIT.

(3) UNLESS THE APPLICANT ASKS FOR ANY OF THE OTHER KINDS OF PROTECTION REFERRED TO IN ARTICLE 43, DESIGNATION SHALL MEAN THAT THE DESIRED PROTECTION CONSISTS OF THE GRANT OF A PATENT BY OR FOR THE DESIGNATED STATE.  FOR THE PURPOSES OF THIS PARAGRAPH, ARTICLE 2(II) SHALL NOT APPLY.

(4) FAILURE TO INDICATE IN THE REQUEST THE NAME AND OTHER PRESCRIBED DATA CONCERNING THE INVENTOR SHALL HAVE NO CONSEQUENCE IN ANY DESIGNATED STATE WHOSE NATIONAL LAW REQUIRES THE FURNISHING OF THE SAID INDICATIONS BUT ALLOWS THAT THEY BE FURNISHED AT A TIME LATER THAN THAT OF THE FILING OF A NATIONAL APPLICATION.  FAILURE TO FURNISH THE SAID INDICATIONS IN A SEPARATE NOTICE SHALL HAVE NO CONSEQUENCE IN ANY DESIGNATED STATE WHOSE NATIONAL LAW DOES NOT REQUIRE THE FURNISHING OF THE SAID INDICATIONS.

ARTICLE 5 THE DESCRIPTION

THE DESCRIPTION SHALL DISCLOSE THE INVENTION IN A MANNER SUFFICIENTLY CLEAR AND COMPLETE FOR THE INVENTION TO BE CARRIED OUT BY A PERSON SKILLED IN THE ART.

ARTICLE 6 THE CLAIMS

THE CLAIM OR CLAIMS SHALL DEFINE THE MATTER FOR WHICH PROTECTION IS SOUGHT.  CLAIMS SHALL BE CLEAR AND CONCISE.  THEY SHALL BE FULLY SUPPORTED BY THE DESCRIPTION.

ARTICLE 7 THE DRAWINGS

(1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2)(II), DRAWINGS SHALL BE REQUIRED WHEN THEY ARE NECESSARY FOR THE UNDERSTANDING OF THE INVENTION.

(2) WHERE, WITHOUT BEING NECESSARY FOR THE UNDERSTANDING OF THE INVENTION, THE NATURE OF THE INVENTION ADMITS OF ILLUSTRATION BY DRAWINGS:

(I) THE APPLICANT MAY INCLUDE SUCH DRAWINGS IN THE INTERNATIONAL APPLICATION WHEN FILED,

(II) ANY DESIGNATED OFFICE MAY REQUIRE THAT THE APPLICANT FILE SUCH DRAWINGS WITH IT WITHIN THE PRESCRIBED TIME LIMIT.

ARTICLE 8 CLAIMING PRIORITY

(1) THE INTERNATIONAL APPLICATION MAY CONTAIN A DECLARATION, AS PRESCRIBED IN THE REGULATIONS, CLAIMING THE PRIORITY OF ONE OR MORE EARLIER APPLICATIONS FILED IN OR FOR ANY COUNTRY PARTY TO THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

(2)(A) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (B), THE CONDITIONS FOR, AND THE EFFECT OF, ANY PRIORITY CLAIM DECLARED UNDER PARAGRAPH (1) SHALL BE AS PROVIDED IN ARTICLE 4 OF THE STOCKHOLM ACT OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

(B) THE INTERNATIONAL APPLICATION FOR WHICH THE PRIORITY OF ONE OR MORE EARLIER APPLICATIONS FILED IN OR FOR A CONTRACTING STATE IS CLAIMED MAY CONTAIN THE DESIGNATION OF THAT STATE.  WHERE, IN THE INTERNATIONAL APPLICATION, THE PRIORITY OF ONE OR MORE NATIONAL APPLICATIONS FILED IN OR FOR A DESIGNATED STATE IS CLAIMED, OR WHERE THE PRIORITY OF AN INTERNATIONAL APPLICATION HAVING DESIGNATED ONLY ONE STATE IS CLAIMED, THE CONDITIONS FOR, AND THE EFFECT OF, THE PRIORITY CLAIM IN THAT STATE SHALL BE GOVERNED BY THE NATIONAL LAW OF THAT STATE.

ARTICLE 9 THE APPLICANT

(1) ANY RESIDENT OR NATIONAL OF A CONTRACTING STATE MAY FILE AN INTERNATIONAL APPLICATION.

(2) THE ASSEMBLY MAY DECIDE TO ALLOW THE RESIDENTS AND THE NATIONALS OF ANY COUNTRY PARTY TO THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY WHICH IS NOT PARTY TO THIS TREATY TO FILE INTERNATIONAL APPLICATIONS.

(3) THE CONCEPTS OF RESIDENCE AND NATIONALITY, AND THE APPLICATION OF THOSE CONCEPTS IN CASES WHERE THERE ARE SEVERAL APPLICANTS OR WHERE THE APPLICANTS ARE NOT THE SAME FOR ALL THE DESIGNATED STATES, ARE DEFINED IN THE REGULATIONS.

ARTICLE 10 THE RECEIVING OFFICE

THE INTERNATIONAL APPLICATION SHALL BE FILED WITH THE PRESCRIBED RECEIVING OFFICE, WHICH WILL CHECK AND PROCESS IT AS PROVIDED IN THIS TREATY AND THE REGULATIONS.

ARTICLE 11 FILING DATE AND EFFECTS OF THE INTERNATIONAL APPLICATION

(1) THE RECEIVING OFFICE SHALL ACCORD AS THE INTERNATIONAL FILING DATE THE DATE OF RECEIPT OF THE INTERNATIONAL APPLICATION, PROVIDED THAT THAT OFFICE HAS FOUND THAT, AT THE TIME OF RECEIPT:

(I) THE APPLICANT DOES NOT OBVIOUSLY LACK, FOR REASONS OF RESIDENCE OR NATIONALITY, THE RIGHT TO FILE AN INTERNATIONAL APPLICATION WITH THE RECEIVING OFFICE,

(II) THE INTERNATIONAL APPLICATION IS IN THE PRESCRIBED LANGUAGE,

(III) THE INTERNATIONAL APPLICATION CONTAINS AT LEAST THE FOLLOWING ELEMENTS:

(A) AN INDICATION THAT IT IS INTENDED AS AN INTERNATIONAL APPLICATION,

(B) THE DESIGNATION OF AT LEAST ONE CONTRACTING STATE,

(C) THE NAME OF THE APPLICANT, AS PRESERIBED.

(D) A PART WHICH ON THE FACE OF IT APPEARS TO BE A DESCRIPTION,

(E) A PART WHICH ON THE FACE OF IT APPEARS TO BE A CLAIM OR CLAIMS.

(2)(A) IF THE RECEIVING OFFICE FINDS THAT THE INTERNATIONAL APPLICATION DID NOT, AT THE TIME OF RECEIPT, FULFILL THE REQUIREMENTS LISTED IN PARAGRAPH (1), IT SHALL, AS PROVIDED IN THE REGULATIONS, INVITE THE APPLICANT TO FILE THE REQUIRED CORRECTION.

(B) IF THE APPLICANT COMPLIES WITH THE INVITATION, AS PROVIDED IN THE REGULATIONS, THE RECEIVING OFFICE SHALL ACCORD AS THE INTERNATIONAL FILING DATE THE DATE OF RECEIPT OF THE REQUIRED CORRECTION.

(3) SUBJECT TO ARTICLE 64(4), ANY INTERNATIONAL APPLICATION FULFILLING THE REQUIREMENTS LISTED IN ITEMS (I) TO (III) OF PARAGRAPH (1) AND ACCORDED AN INTERNATIONAL FILING DATE SHALL HAVE THE EFFECT OF A REGULAR NATIONAL APPLICATION IN EACH DESIGNATED STATE AS OF THE INTERNATIONAL FILING DATE, WHICH DATE SHALL BE CONSIDERED TO BE THE ACTUAL FILING DATE IN EACH DESIGNATED STATE.

(4) ANY INTERNATIONAL APPLICATION FULFILLING THE REQUIREMENTS LISTED IN ITEMS (I) TO (III) OF PARAGRAPH (1) SHALL BE EQUIVALENT TO A REGULAR NATIONAL FILING WITHIN THE MEANING OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

ARTICLE 12 TRANSMITTAL OF THE INTERNATIONAL APPLICATION TO THE INTERNATIONAL BUREAU AND THE INTERNATIONAL SEARCHING AUTHORITY

(1) ONE COPY OF THE INTERNATIONAL APPLICATION SHALL BE KEPT BY THE RECEIVING OFFICE ("HOME COPY"), ONE COPY ("RECORD COPY") SHALL BE TRANSMITTED TO THE INTERNATIONAL BUREAU, AND ANOTHER COPY ("SEARCH COPY") SHALL BE TRANSMITTED TO THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY REFERRED TO IN ARTICLE 16, AS PROVIDED IN THE REGULATIONS.

(2) THE RECORD COPY SHALL BE CONSIDERED THE TRUE COPY OF THE INTERNATIONAL APPLICATION.

(3) THE INTERNATIONAL APPLICATION SHALL BE CONSIDERED WITHDRAWN IF THE RECORD COPY HAS NOT BEEN RECEIVED BY THE INTERNATIONAL BUREAU WITHIN THE PRESCRIBED TIME LIMIT.

ARTICLE 13 AVAILABILITY OF COPY OF THE INTERNATIONAL APPLICATION TO DESIGNATED OFFICES

(1) ANY DESIGNATED OFFICE MAY ASK THE INTERNATIONAL BUREAU TO TRANSMIT TO IT A COPY OF THE INTERNATIONAL APPLICATION PRIOR TO THE COMMUNICATION PROVIDED FOR IN ARTICLE 20, AND THE INTERNATIONAL BUREAU SHALL TRANSMIT SUCH COPY TO THE DESIGNATED OFFICE AS SOON AS POSSIBLE AFTER THE EXPIRATION OF ONE YEAR FROM THE PRIORITY DATE.

(2)(A) THE APPLICANT MAY, AT ANY TIME, TRANSMIT A COPY OF HIS INTERNATIONAL APPLICATION TO ANY DESIGNATED OFFICE.

(B) THE APPLICANT MAY, AT ANY TIME, ASK THE INTERNATIONAL BUREAU TO TRANSMIT A COPY OF HIS INTERNATIONAL APPLICATION TO ANY DESIGNATED OFFICE, AND THE INTERNATIONAL BUREAU SHALL TRANSMIT SUCH COPY TO THE DESIGNATED OFFICE AS SOON AS POSSIBLE.

(C) ANY NATIONAL OFFICE MAY NOTIFY THE INTERNATIONAL BUREAU THAT IT DOES NOT WISH TO RECEIVE COPIES AS PROVIDED FOR IN SUBPARAGRAPH (B), IN WHICH CASE THAT SUBPARAGRAPH SHALL NOT BE APPLICABLE IN RESPECT OF THAT OFFICE.

ARTICLE 14 CERTAIN DEFECTS IN THE INTERNATIONAL APPLICATION

(1)(A) THE RECEIVING OFFICE SHALL CHECK WHETHER THE INTERNATIONAL APPLICATION CONTAINS ANY OF THE FOLLOWING DEFECTS, THAT IS TO SAY:

(I) IT IS NOT SIGNED AS PROVIDED IN THE REGULATIONS;

(II) IT DOES NOT CONTAIN THE PRESCRIBED INDICATIONS CONCERNING THE APPLICANT;

(III) IT DOES NOT CONTAIN A TITLE;

(IV) IT DOES NOT CONTAIN AN ABSTRACT;

(V) IT DOES NOT COMPLY TO THE EXTENT PROVIDED IN THE REGULATIONS WITH THE PRESCRIBED PHYSICAL REQUIREMENTS.

(B) IF THE RECEIVING OFFICE FINDS ANY OF THE SAID DEFECTS, IT SHALL INVITE THE APPLICANT TO CORRECT THE INTERNATIONAL APPLICATION WITHIN THE PRESCRIBED TIME LIMIT, FAILING WHICH THAT APPLICATION SHALL BE CONSIDERED WITHDRAWN AND THE RECEIVING OFFICE SHALL SO DECLARE.

(2) IF THE INTERNATIONAL APPLICATION REFERS TO DRAWINGS WHICH, IN FACT, ARE NOT INCLUDED IN THAT APPLICATION, THE RECEIVING OFFICE SHALL NOTIFY THE APPLICANT ACCORDINGLY AND HE MAY FURNISH THEM WITHIN THE PRESCRIBED TIME LIMIT AND, IF HE DOES THE INTERNATIONAL FILING DATE SHALL BE THE DATE ON WHICH THE DRAWINGS ARE RECEIVED BY THE RECEIVING OFFICE.  OTHERWISE, ANY REFERENCE TO THE SAID DRAWINGS SHALL BE CONSIDERED NON-EXISTENT.

(3)(A) IF THE RECEIVING OFFICE FINDS THAT, WITHIN THE PRESCRIBED TIME LIMITS, THE FEES PRESCRIBED UNDER ARTICLE 3(4)(IV) HAVE NOT BEEN PAID, OR NO FEE PRESCRIBED UNDER ARTICLE 4(2) HAS BEEN PAID IN RESPECT OF ANY OF THE DESIGNATED STATES, THE INTERNATIONAL APPLICATION SHALL BE CONSIDERED WITHDRAWN AND THE RECEIVING OFFICE SHALL SO DECLARE.

(B) IF THE RECEIVING OFFICE FINDS THAT THE FEE PRESCRIBED UNDER ARTICLE 4(2) HAS BEEN PAID IN RESPECT OF ONE OR MORE (BUT LESS THAN ALL) DESIGNATED STATES WITHIN THE PRESCRIBED TIME LIMIT, THE DESIGNATION OF THOSE STATES IN RESPECT OF WHICH IT HAS NOT BEEN PAID WITHIN THE PRESCRIBED TIME LIMIT SHALL BE CONSIDERED WITHDRAWN AND THE RECEIVING OFFICE SHALL SO DECLARE.

(4) IF, AFTER HAVING ACCORDED AN INTERNATIONAL FILING DATE TO THE INTERNATIONAL APPLICATION, THE RECEIVING OFFICE FINDS, WITHIN THE PRESCRIBED TIME LIMIT, THAT ANY OF THE REQUIREMENTS LISTED IN ITEMS (I) TO (III) OF ARTICLE 11(1) WAS NOT COMPLIED WITH AT THAT DATE, THE SAID APPLICATION SHALL BE CONSIDERED WITHDRAWN AND THE RECEIVING OFFICE SHALL SO DECLARE.

ARTICLE 15 THE INTERNATIONAL SEARCH

(1) EACH INTERNATIONAL APPLICATION SHALL BE THE SUBJECT OF INTERNATIONAL SEARCH.

(2) THE OBJECTIVE OF THE INTERNATIONAL SEARCH IS TO DISCOVER RELEVANT PRIOR ART.

(3) INTERNATIONAL SEARCH SHALL BE MADE ON THE BASIS OF THE CLAIMS, WITH DUE REGARD TO THE DESCRIPTION AND THE DRAWINGS (IF ANY).

(4) THE INTERNATIONAL SEARCHING AUTHORITY REFERRED TO IN ARTICLE 16 SHALL ENDEAVOR TO DISCOVER AS MUCH OF THE RELEVANT PRIOR ART AS ITS FACILITIES PERMIT, AND SHALL, IN ANY CASE, CONSULT THE DOCUMENTATION SPECIFIED IN THE REGULATIONS.

(5)(A) IF THE NATIONAL LAW OF THE CONTRACTING STATE SO PERMITS, THE APPLICANT WHO FILES A NATIONAL APPLICATION WITH THE NATIONAL OFFICE OF OR ACTING FOR SUCH STATE MAY, SUBJECT TO THE CONDITIONS PROVIDED FOR IN SUCH LAW, REQUEST THAT A SEARCH SIMILAR TO AN INTERNATIONAL SEARCH ("INTERNATIONAL-TYPE SEARCH") BE CARRIED OUT ON SUCH APPLICATION.

(B) IF THE NATIONAL LAW OF THE CONTRACTING STATE SO PERMITS, THE NATIONAL OFFICE OF OR ACTING FOR SUCH STATE MAY SUBJECT ANY NATIONAL APPLICATION FILED WITH IT TO 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 COMPETENT FOR THE SEARCHING OF INTERNATIONAL APPLICATIONS FILED WITH SUCH OFFICE.

(3)(A) INTERNATIONAL SEARCHING AUTHORITIES SHALL BE APPOINTED BY THE ASSEMBLY.  ANY NATIONAL OFFICE AND ANY INTERGOVERNMENTAL ORGANIZATION SATISFYING THE REQUIREMENTS REFERRED TO IN SUBPARAGRAPH (C) MAY BE APPOINTED AS INTERNATIONAL SEARCHING AUTHORITY.

(B) APPOINTMENT SHALL BE CONDITIONAL ON THE CONSENT OF THE NATIONAL OFFICE OR INTERGOVERNMENTAL ORGANIZATION TO BE APPOINTED AND THE CONCLUSION OF AN AGREEMENT, SUBJECT TO APPROVAL BY THE ASSEMBLY, BETWEEN SUCH OFFICE OR ORGANIZATION AND THE INTERNATIONAL BUREAU.  THE AGREEMENT SHALL SPECIFY THE RIGHTS AND OBLIGATIONS OF THE PARTIES, IN PARTICULAR, THE FORMAL UNDERTAKING BY THE SAID OFFICE OR ORGANIZATION TO APPLY AND OBSERVE ALL THE COMMON RULES OF INTERNATIONAL SEARCH.

(C) THE REGULATIONS PRESCRIBE THE MINIMUM REQUIREMENTS, PARTICULARLY AS TO MANPOWER AND DOCUMENTATION, WHICH ANY OFFICE OR ORGANIZATION MUST SATISFY BEFORE IT CAN BE APPOINTED AND MUST CONTINUE TO SATISFY WHILE IT REMAINS APPOINTD.

(D) APPOINTMENT SHALL BE FOR A FIXED PERIOD OF TIME AND MAY BE EXTENDED FOR FURTHER PERIODS.

(E) BEFORE THE ASSEMBLY MAKES A DECISION ON THE APPOINTMENT OF ANY NATIONAL OFFICE OR INTERGOVERNMENTAL ORGANIZATION, OR ON THE EXTENSION OF ITS APPOINTMENT, OR BEFORE IT ALLOWS ANY SUCH APPOINTMENT TO LAPSE, THE ASSEMBLY SHALL HEAR THE INTERESTED OFFICE OR ORGANIZATION AND SEEK THE ADVICE OF THE COMMITTEE FOR TECHNICAL COOPERATION REFERRED TO IN ARTICLE 56 ONCE THAT COMMITTEE HAS BEEN ESTABLISHED.

ARTICLE 17 PROCEDURE BEFORE THE INTERNATIONAL SEARCHING AUTHORITY

(1) PROCEDURE BEFORE THE INTERNATIONAL SEARCHING AUTHORITY SHALL BE GOVERNED BY THE PROVISIONS OF THIS TREATY, THE REGULATIONS, AND THE AGREEMENT WHICH THE INTERNATIONAL BUREAU SHALL CONCLUDE, SUBJECT TO THIS TREATY AND THE REGULATIONS, WITH THE SAID AUTHORITY.

(2)(A) IF THE INTERNATIONAL SEARCHING AUTHORITY CONSIDERS

(I) THAT THE INTERNATIONAL APPLICATION RELATES TO A SUBJECT MATTER WHICH THE INTERNATIONAL SEARCHING AUTHORITY IS NOT REQUIRED, UNDER THE REGULATIONS, TO SEARCH, AND IN THE PARTICULAR CASE DECIDES NOT TO SEARCH, OR

(II) THAT THE DESCRIPTION, THE CLAIMS, OR THE DRAWINGS, FAIL TO COMPLY WITH THE PRESCRIBED REQUIREMENTS TO SUCH AN EXTENT THAT A MEANINGFUL SEARCH COULD NOT BE CARRIED OUT,

THE SAID AUTHORITY SHALL SO DECLARE AND SHALL NOTIFY THE APPLICANT AND THE INTERNATIONAL BUREAU THAT NO INTERNATIONAL SEARCH REPORT WILL BE ESTABLISHED.

(B) IF ANY OF THE SITUATIONS REFERRED TO IN SUBPARAGRAPH (A) IS FOUND TO EXIST IN CONNECTION WITH CERTAIN CLAIMS ONLY, THE INTERNATIONAL SEARCH REPORT SHALL SO INDICATE IN RESPECT OF SUCH CLAIMS, WHEREAS, FOR THE OTHER CLAIMS, THE SAID REPORT SHALL BE ESTABLISHED AS PROVIDED IN ARTICLE 18.

(3)(A) IF THE INTERNATIONAL SEARCHING AUTHORITY CONSIDERS THAT THE INTERNATIONAL APPLICATION DOES NOT COMPLY WITH THE REQUIREMENT OF UNITY OF INVENTION AS SET FORTH IN THE REGULATIONS, IT SHALL INVITE THE APPLICANT TO PAY ADDITIONAL FEES.  THE INTERNATIONAL SEARCHING AUTHORITY SHALL ESTABLISH THE INTERNATIONAL SEARCH REPORT ON THOSE PARTS OF THE INTERNATIONAL APPLICATION WHICH RELATE TO THE INVENTION FIRST MENTIONED IN THE CLAIMS ("MAIN INVENTION") AND, PROVIDED THE REQUIRED ADDITIONAL FEES HAVE BEEN PAID WITHIN THE PRESCRIBED TIME LIMIT, ON THOSE PARTS OF THE INTERNATIONAL APPLICATION WHICH RELATE TO INVENTIONS IN RESPECT OF WHICH THE SAID FEES WERE PAID.

(B) THE NATIONAL LAW OF ANY DESIGNATED STATE MAY PROVIDE THAT, WHERE THE NATIONAL OFFICE OF THAT STATE FINDS THE INVITATION, REFERRED TO IN SUBPARAGRAPH (A), OF THE INTERNATIONAL SEARCHING AUTHORITY JUSTIFIED AND WHERE THE APPLICANT HAS NOT PAID ALL ADDITIONAL FEES, THOSE PARTS OF THE INTERNATIONAL APPLICATION WHICH CONSEQUENTLY HAVE NOT BEEN SEARCHED SHALL, AS FAR AS EFFECTS IN THAT STATE ARE CONCERNED, BE CONSIDERED WITHDRAWN UNLESS A  SPECIAL FEE IS PAID BY THE APPLICANT TO THE NATIONAL OFFICE OF THAT STATE.

ARTICLE 18 THE INTERNATIONAL SEARCH REPORT

(1) THE INTERNATIONAL SEARCH REPORT SHALL BE ESTABLISHED WITHIN THE PRESCRIBED TIME LIMIT AND IN THE PRESCRIBED FORM.

(2) THE INTERNATIONAL SEARCH REPORT SHALL, AS SOON AS IT HAS BEEN ESTABLISHED, BE TRANSMITTED BY THE INTERNATIONAL SEARCHING AUTHORITY TO THE APPLICANT AND THE INTERNATIONAL BUREAU.

(3) THE INTERNATIONAL SEARCH REPORT OR THE DECLARATION REFERRED TO IN ARTICLE 17(2)(A) SHALL BE TRANSLATED AS PROVIDED IN THE REGULATIONS.  THE TRANSLATIONS SHALL BE PREPARED BY OR UNDER THE RESPONSIBILITY OF THE INTERNATIONAL BUREAU.

ARTICLE 19 AMENDMENT OF THE CLAIMS BEFORE THE INTERNATIONAL BUREAU

(1) THE APPLICANT SHALL, AFTER HAVING RECEIVED THE INTERNATIONAL SEARCH REPORT, BE ENTITLED TO ONE OPPORTUNITY TO AMEND THE CLAIMS OF THE INTERNATIONAL APPLICATION BY FILING AMENDMENTS WITH THE INTERNATIONAL BUREAU WITHIN THE PRESCRIBED TIME LIMIT.  HE MAY, AT THE SAME TIME, FILE A BRIEF STATEMENT, AS PROVIDED IN THE REGULATIONS, EXPLAINING THE AMENDMENTS AND INDICATING ANY IMPACT THAT SUCH AMENDMENTS MIGHT HAVE ON THE DESCRIPTION AND THE DRAWINGS.

(2) THE AMENDMENTS SHALL NOT GO BEYOND THE DISCLOSURE IN THE INTERNATIONAL APPLICATION AS FILED.

(3) IF THE NATIONAL LAW OF ANY DESIGNATED STATE PERMITS AMENDMENTS TO GO BEYOND THE SAID DISCLOSURE, FAILURE TO COMPLY WITH PARAGRAPH (2) SHALL HAVE NO CONSEQUENCE IN THAT STATE.

ARTICLE 20 COMMUNICATION TO DESIGNATED OFFICES

(1)(A) THE INTERNATIONAL APPLICATION, TOGETHER WITH THE INTERNATIONAL SEARCH REPORT (INCLUDING ANY INDICATION REFERRED TO IN ARTICLE 17(2)(B)) OR THE DECLARATION REFERRED TO IN ARTICLE 17(2)(A), SHALL BE COMMUNICATED TO EACH DESIGNATED OFFICE, AS PROVIDED IN THE REGULATIONS, UNLESS THE DESIGNATED OFFICE WAIVES SUCH REQUIREMENT IN ITS ENTIRETY OR IN PART.

(B) THE COMMUNICATION SHALL INCLUDE THE TRANSLATION (AS PRESCRIBED) OF THE SAID REPORT OR DECLARATION.

(2) IF THE CLAIMS HAVE BEEN AMENDED BY VIRTUE OF ARTICLE 19(1), THE COMMUNICATION SHALL EITHER CONTAIN THE FULL TEXT OF THE CLAIMS BOTH AS FILED AND AS AMENDED OR SHALL CONTAIN THE FULL TEXT OF THE CLAIMS AS FILED AND SPECIFY THE AMENDMENTS, AND SHALL INCLUDE THE STATEMENT, IF ANY, REFERRED TO IN ARTICLE 19(1).

(3) AT THE REQUEST OF THE DESIGNATED OFFICE OR THE APPLICANT, THE INTERNATIONAL SEARCHING AUTHORITY SHALL SEND TO THE SAID OFFICE OR THE APPLICANT, RESPECTIVELY, COPIES OF THE DOCUMENTS CITED IN THE INTERNATIONAL SEARCH REPORT, AS PROVIDED IN THE REGULATIONS.

ARTICLE 21 INTERNATIONAL PUBLICATION

(1) THE INTERNATIONAL BUREAU SHALL PUBLISH INTERNATIONAL APPLICATIONS.

(2)(A) SUBJECT TO THE EXCEPTIONS PROVIDED FOR IN SUBPARAGRAPH (B) AND IN ARTICLE 64(3), THE INTERNATIONAL PUBLICATION OF THE INTERNATIONAL APPLICATION SHALL BE EFFECTED PROMPTLY AFTER THE EXPIRATION OF 18 MONTHS FROM THE PRIORITY DATE OF THAT APPLICATION.

(B) THE APPLICANT MAY ASK THE INTERNATIONAL BUREAU TO PUBLISH HIS INTERNATIONAL APPLICATION ANY TIME BEFORE THE EXPIRATION OF THE TIME LIMIT REFERRED TO IN SUBPARAGRAPH (A).  THE INTERNATIONAL BUREAU SHALL PROCEED ACCORDINGLY, AS PROVIDED IN THE REGULATIONS.

(3) THE INTERNATIONAL SEARCH REPORT OR THE DECLARATION REFERRED TO IN ARTICLE 17(2)(A) SHALL BE PUBLISHED AS PRESCRIBED IN THE REGULATIONS.

(4) THE LANGUAGE AND FORM OF THE INTERNATIONAL PUBLICATION AND OTHER DETAILS ARE GOVERNED BY THE REGULATIONS.

(5) THERE SHALL BE NO INTERNATIONAL PUBLICATION IF THE INTERNATIONAL APPLICATION IS WITHDRAWN OR IS CONSIDERED WITHDRAWN BEFORE THE TECHNICAL PREPARATIONS FOR PUBLICATION HAVE BEEN COMPLETED.

(6) IF THE INTERNATIONAL APPLICATION CONTAINS EXPRESSIONS OR DRAWINGS WHICH, IN THE OPINION OF THE INTERNATIONAL BUREAU, ARE CONTRARY TO MORALITY OR PUBLIC ORDER, OR IF, IN ITS OPINION, THE INTERNATIONAL APPLICATION CONTAINS DISPARAGING STATEMENTS AS DEFINED IN THE REGULATIONS, IT MAY OMIT SUCH EXPRESSIONS, DRAWINGS, AND STATEMENTS, FROM ITS PUBLICATIONS, INDICATING THE PLACE AND NUMBER OF WORDS OR DRAWINGS OMITTED, AND FURNISHING, UPON REQUEST, INDIVIDUAL COPIES OF THE PASSAGES OMITTED.

ARTICLE 22 COPY, TRANSLATION, AND FEE, TO DESIGNATED OFFICES

(1) THE APPLICANT SHALL FURNISH A COPY OF THE INTERNATIONAL APPLICATION (UNLESS THE COMMUNICATION PROVIDED FOR IN ARTICLE 20 HAS ALREADY TAKEN PLACE) AND A TRANSLATION THEREOF (AS PRESCRIBED), AND PAY THE NATIONAL FEE (IF ANY), TO EACH DESIGNATED OFFICE NOT LATER THAN AT THE EXPIRATION OF 20 MONTHS FROM THE PRIORITY DATE.  WHERE THE NATIONAL LAW OF THE DESIGNATED STATE REQUIRES THE INDICATION OF THE NAME OF AND OTHER PRESCRIBED DATA CONCERNING THE INVENTOR BUT ALLOWS THAT THESE INDICATIONS BE FURNISHED AT A TIME LATER THAN THAT OF THE FILING OF A NATIONAL APPLICATION, THE APPLICANT SHALL, UNLESS THEY WERE CONTAINED IN THE REQUEST, FURNISH THE SAID INDICATIONS TO THE NATIONAL OFFICE OF OR ACTING FOR THAT STATE NOT LATER THAN AT THE EXPIRATION OF 20 MONTHS FROM THE PRIORITY DATE.

(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), WHERE THE INTERNATIONAL SEARCHING AUTHORITY MAKES A DECLARATION, UNDER ARTICLE 17(2)(A), THAT NO INTERNATIONAL SEARCH REPORT WILL BE ESTABLISHED, THE TIME LIMIT FOR PERFORMING THE ACTS REFERRED TO IN PARAGRAPH (1) OF THIS ARTICLE SHALL BE TWO MONTHS FROM THE DATE OF THE NOTIFICATION SENT TO THE APPLICANT OF THE SAID DECLARATION.

(3) ANY NATIONAL LAW MAY, FOR PERFORMING THE ACTS REFERRED TO IN PARAGRAPHS (1) OR (2), FIX TIME LIMITS WHICH EXPIRE LATER THAN THE TIME LIMIT PROVIDED FOR IN THOSE PARAGRAPHS.

ARTICLE 23 DELAYING OF NATIONAL PROCEDURE

(1) NO DESIGNATED OFFICE SHALL PROCESS OR EXAMINE THE INTERNATIONAL APPLICATION PRIOR TO THE EXPIRATION OF THE APPLICABLE TIME LIMIT UNDER ARTICLE 22.

(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), ANY DESIGNATED OFFICE MAY, ON THE EXPRESS REQUEST OF THE APPLICANT, PROCESS OR EXAMINE THE INTERNATIONAL APPLICATION AT ANY TIME.

ARTICLE 24 POSSIBLE LOSS OF EFFECT IN DESIGNATED STATES

(1) SUBJECT, IN CASE (II) BELOW, TO THE PROVISIONS OF ARTICLE 25, THE EFFECT OF THE INTERNATIONAL APPLICATION PROVIDED FOR IN ARTICLE 11(3) SHALL CEASE IN ANY DESIGNATED STATE WITH THE SAME CONSEQUENCES AS THE WITHDRAWAL OF ANY NATIONAL APPLICATION IN THAT STATE:

(I) IF THE APPLICANT WITHDRAWS HIS INTERNATIONAL APPLICATION OR THE DESIGNATION OF THAT STATE;

(II) IF THE INTERNATIONAL APPLICATION IS CONSIDERED WITHDRAWN BY VIRTUE OF ARTICLES 12(3), 14(1)(B), 14(3)(A), OR 14(4), OR IF THE DESIGNATION OF THAT STATE IS CONSIDERED WITHDRAWN BY VIRTUE OF ARTICLE 14(3)(B);

(III) IF THE APPLICANT FAILS TO PERFORM THE ACTS REFERRED TO IN ARTICLE 22 WITHIN THE APPLICABLE TIME LIMIT.

(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), ANY DESIGNATED OFFICE MAY MAINTAIN THE EFFECT PROVIDED FOR IN ARTICLE 11(3) EVEN WHERE SUCH EFFECT IS NOT REQUIRED TO BE MAINTAINED BY VIRTUE OF ARTICLE 25(2).

ARTICLE 25 REVIEW BY DESIGNATED OFFICES

(1)(A) WHERE THE RECEIVING OFFICE HAS REFUSED TO ACCORD AN INTERNATIONAL FILING DATE OR HAS DECLARED THAT THE INTERNATIONAL APPLICATION IS CONSIDERED WITHDRAWN, OR WHERE THE INTERNATIONAL BUREAU HAS MADE A FINDING UNDER ARTICLE 12(3), THE INTERNATIONAL BUREAU SHALL PROMPTLY SEND, AT THE REQUEST OF THE APPLICANT, COPIES OF ANY DOCUMENT IN THE FILE TO ANY OF THE DESIGNATED OFFICES NAMED BY THE APPLICANT.

(B) WHERE THE RECEIVING OFFICE HAS DECLARED THAT THE DESIGNATION OF ANY GIVEN STATE IS CONSIDERED WITHDRAWN, THE INTERNATIONAL BUREAU SHALL PROMPTLY SEND, AT THE REQUEST OF THE APPLICANT, COPICS OF ANY DOCUMENT IN THE FILE TO THE NATIONAL OFFICE OF SUCH STATE.

(C) THE REQUEST UNDER SUBPARAGRAPHS (A) OR (B) SHALL BE PRESENTED WITHIN THE PRESCRIBED TIME LIMIT.

(2)(A) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (B), EACH DESIGNATED OFFICE SHALL, PROVIDED THAT THE NATIONAL FEE (IF ANY) HAS BEEN PAID AND THE APPROPRIATE TRANSLATION (AS PRESCRIBED) HAS BEEN FURNISHED WITHIN THE PRESCRIBED TIME LIMIT, DECIDE WHETHER THE REFUSAL, DECLARATION, OR FINDING, REFERRED TO IN PARAGRAPH (1) WAS JUSTIFIED UNDER THE PROVISIONS OF THIS TREATY AND THE REGULATIONS, AND, IF IT FINDS THAT THE REFUSAL OR DECLARATION WAS THE RESULT OF AN ERROR OR OMISSION ON THE PART OF THE RECEIVING OFFICE OR THAT THE FINDING WAS THE RESULT OF AN ERROR OR OMISSION ON THE PART OF THE INTERNATIONAL BUREAU, IT SHALL, AS FAR AS EFFECTS IN THE STATE OF THE DESIGNATED OFFICE ARE CONCERNED, TREAT THE INTERNATIONAL APPLICATION AS IF SUCH ERROR OR OMISSION HAD NOT OCCURRED.

(B) WHERE THE RECORD COPY HAS REACHED THE INTERNATIONAL BUREAU AFTER THE EXPIRATION OF THE TIME LIMIT PRESCRIBED UNDER ARTICLE 12(3) ON ACCOUNT OF ANY ERROR OR OMISSION ON THE PART OF THE APPLICANT, THE PROVISIONS OF SUBPARAGRAPH (A) SHALL APPLY ONLY UNDER THE CIRCUMSTANCES REFERRED TO IN ARTICLE 48(2).

ARTICLE 26 OPPORTUNITY TO CORRECT BEFORE DESIGNATED OFFICES

NO DESIGNATED OFFICE SHALL REJECT AN INTERNATIONAL APPLICATION ON THE GROUNDS OF NON-COMPLIANCE WITH THE REQUIREMENTS OF THIS TREATY AND THE REGULATIONS WITHOUT FIRST GIVING THE APPLICANT THE OPPORTUNITY TO CORRECT THE SAID APPLICATION TO THE EXTENT AND ACCORDING TO THE PROCEDURE PROVIDED BY THE NATIONAL LAW FOR THE SAME OR COMPARABLE SITUATIONS IN RESPECT OF NATIONAL APPLICATIONS.

ARTICLE 27 NATIONAL REQUIREMENTS

(1) NO NATIONAL LAW SHALL REQUIRE COMPLIANCE WITH REQUIREMENTS RELATING TO THE FORM OR CONTENTS OF THE INTERNATIONAL APPLICATION DIFFERENT FROM OR ADDITIONAL TO THOSE WHICH ARE PROVIDED FOR IN THIS TREATY AND THE REGULATIONS.

(2) THE PROVISIONS OF PARAGRAPH (1) NEITHER AFFECT THE APPLICATION OF THE PROVISIONS OF ARTICLE 7(2) NOR PRECLUDE ANY NATIONAL LAW FROM REQUIRING, ONCE THE PROCESSING OF THE INTERNATIONAL APPLICATION HAS STARTED IN THE DESIGNATED OFFICE, THE FURNISHING:

(I) WHEN THE APPLICANT IS A LEGAL ENTITY, OF THE NAME OF AN OFFICER ENTITLED TO REPRESENT SUCH LEGAL ENTITY,

(II) OF DOCUMENTS NOT PART OF THE INTERNATIONAL APPLICATION BUT WHICH CONSTITUTE PROOF OF ALLEGATIONS OR STATEMENTS MADE IN THAT APPLICATION, INCLUDING THE CONFIRMATION OF THE INTERNATIONAL APPLICATION BY THE SIGNATURE OF THE APPLICANT WHEN THAT APPLICATION, AS FILED, WAS SIGNED BY HIS REPRESENTATIVE OR AGENT.

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(3) WHERE THE APPLICANT, FOR THE PURPOSES OF ANY DESIGNATED STATE, IS NOT QUALIFIED ACCORDING TO THE NATIONAL LAW OF THAT STATE TO FILE A NATIONAL APPLICATION BECAUSE HE IS NOT THE INVENTOR, THE INTERNATIONAL APPLICATION MAY BE REJECTED BY THE DESIGNATED OFFICE.

(4) WHERE THE NATIONAL LAW PROVIDES, IN RESPECT OF THE FORM OR CONTENTS OF NATIONAL APPLICATIONS, FOR REQUIREMENTS WHICH, FROM THE VIEWPOINT OF APPLICANTS, ARE MORE FAVORABLE THAN THE REQUIREMENTS PROVIDED FOR BY THIS TREATY AND THE REGULATIONS IN RESPECT OF INTERNATIONAL APPLICATIONS, THE NATIONAL OFFICE, THE COURTS AND ANY OTHER COMPETENT ORGANS OF OR ACTING FOR THE DESIGNATED STATE MAY APPLY THE FORMER REQUIREMENTS, INSTEAD OF THE LATTER REQUIREMENTS, TO INTERNATIONAL APPLICATIONS, EXCEPT WHERE THE APPLICANT INSISTS THAT THE REQUIREMENTS PROVIDED FOR BY THIS TREATY AND THE REGULATIONS BE APPLIED TO HIS INTERNATIONAL APPLICATION.

(5) NOTHING IN THIS TREATY AND THE REGULATIONS IS INTENDED TO BE CONSTRUED AS PRESCRIBING ANYTHING THAT WOULD LIMIT THE FREEDOM OF EACH CONTRACTING STATE TO PRESCRIBE SUCH SUBSTANTIVE CONDITIONS OF PATENTABILITY AS IT DESIRES.  IN PARTICULAR, ANY PROVISION IN THIS TREATY AND THE REGULATIONS CONCERNING THE DEFINITION OF PRIOR ART IS EXCLUSIVELY FOR THE PURPOSES OF THE INTERNATIONAL PROCEDURE AND, CONSEQUENTLY, ANY CONTRACTING STATE IS FREE TO APPLY, WHEN DETERMINING THE PATENTABILITY OF AN INVENTION CLAIMED IN AN INTERNATIONAL APPLICATION, THE CRITERIA OF ITS NATIONAL LAW IN RESPECT OF PRIOR ART AND OTHER CONDITIONS OF PATENTABILITY NOT CONSTITUTING REQUIREMENTS AS TO THE FORM AND CONTENTS OF APPLICATIONS.

(6) THE NATIONAL LAW MAY REQUIRE THAT THE APPLICANT FURNISH EVIDENCE IN RESPECT OF ANY SUBSTANTIVE CONDITION OF PATENTABILITY PRESCRIBED BY SUCH LAW.

(7) ANY RECEIVING OFFICE OR, ONCE THE PROCESSING OF THE INTERNATIONAL APPLICATION HAS STARTED IN THE DESIGNATED OFFICE, THAT OFFICE MAY APPLY THE NATIONAL LAW AS FAR AS IT RELATES TO ANY REQUIREMENT THAT THE APPLICANT BE REPRESENTED BY AN AGENT HAVING THE RIGHT TO REPRESENT APPLICANTS BEFORE THE SAID OFFICE AND/OR THAT THE APPLICANT HAVE AN ADDRESS IN THE DESIGNATED STATE FOR THE PURPOSE OF RECEIVING NOTIFICATIONS.

(8) NOTHING IN THIS TREATY AND THE REGULATIONS IS INTENDED TO BE CONSTRUED AS LIMITING THE FREEDOM OF ANY CONTRACTING STATE TO APPLY MEASURES DEEMED NECESSARY FOR THE PRESERVATION OF ITS NATIONAL SECURITY OR TO LIMIT, FOR THE PROTECTION OF THE GENERAL ECONOMIC INTERESTS OF THAT STATE, THE RIGHT OF ITS OWN RESIDENTS OR NATIONALS TO FILE INTERNATIONAL APPLICATIONS.

ARTICLE 28 AMENDMENT OF THE CLAIMS, THE DESCRIPTION, AND THE DRAWINGS, BEFORE DESIGNATED OFFICES

(1) THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO AMEND THE CLAIMS, THE DESCRIPTION, AND THE DRAWINGS, BEFORE EACH DESIGNATED OFFICE WITHIN THE PRESCRIBED TIME LIMIT.  NO DESIGNATED OFFICE SHALL GRANT A PATENT, OR REFUSE THE GRANT OF A PATENT, BEFORE SUCH TIME LIMIT HAS EXPIRED EXCEPT WITH THE EXPRESS CONSENT OF THE APPLICANT.

(2) THE AMENDMENTS SHALL NOT GO BEYOND THE DISCLOSURE IN THE INTERNATIONAL APPLICATION AS FILED UNLESS THE NATIONAL LAW OF THE DESIGNATED STATE PERMITS THEM TO GO BEYOND THE SAID DISCLOSURE.

(3) THE AMENDMENTS SHALL BE IN ACCORDANCE WITH THE NATIONAL LAW OF THE DESIGNATED STATE IN ALL RESPECTS NOT PROVIDED FOR IN THIS TREATY AND THE REGULATIONS.

(4) WHERE THE DESIGNATED OFFICE REQUIRES A TRANSLATION OF THE INTERNATIONAL APPLICATION, THE AMENDMENTS SHALL BE IN THE LANGUAGE OF THE TRANSLATION.

ARTICLE 29 EFFECTS OF THE INTERNATIONAL PUBLICATION

(1) AS FAR AS THE PROTECTION OF ANY RIGHTS OF THE APPLICANT IN A DESIGNATED STATE IS CONCERNED, THE EFFECTS, IN THAT STATE, OF THE INTERNATIONAL PUBLICATION OF AN INTERNATIONAL APPLICATION SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPHS (2) TO (4), BE THE SAME AS THOSE WHICH THE NATIONAL LAW OF THE DESIGNATED STATE PROVIDES FOR THE COMPULSORY NATIONAL PUBLICATION OF UNEXAMINED NATIONAL APPLICATIONS AS SUCH.

(2) IF THE LANGUAGE IN WHICH THE INTERNATIONAL PUBLICATION HAS BEEN EFFECTED IS DIFFERENT FROM THE LANGUAGE IN WHICH PUBLICATIONS UNDER THE NATIONAL LAW ARE EFFECTED IN THE DESIGNATED STATE, THE SAID NATIONAL LAW MAY PROVIDE THAT THE EFFECTS PROVIDED FOR IN PARAGRAPH (1) SHALL BE APPLICABLE ONLY FROM SUCH TIME AS:

(I) A TRANSLATION INTO THE LATTER LANGUAGE HAS BEEN PUBLISHED AS PROVIDED BY THE NATIONAL LAW, OR

(II) A TRANSLATION INTO THE LATTER LANGUAGE HAS BEEN MADE AVAILABLE TO THE PUBLIC, BY LAYING OPEN FOR PUBLIC INSPECTION AS PROVIDED BY THE NATIONAL LAW, OR

(III) A TRANSLATION INTO THE LATTER LANGUAGE HAS BEEN TRANSMITTED BY THE APPLICANT TO THE ACTUAL OR PROSPECTIVE UNAUTHORIZED USER OF THE INVENTION CLAIMED IN THE INTERNATIONAL APPLICATION, OR

(IV) BOTH THE ACTS DESCRIBED IN (I) AND (III), OR BOTH THE ACTS DESCRIBED IN (II) AND (III), HAVE TAKEN PLACE.

(3) THE NATIONAL LAW OF ANY DESIGNATED STATE MAY PROVIDE THAT, WHERE THE INTERNATIONAL PUBLICATION HAS BEEN EFFECTED, ON THE REQUEST OF THE APPLICANT, BEFORE THE EXPIRATION OF 18 MONTHS FROM THE PRIORITY DATE, THE EFFECTS PROVIDED FOR IN PARAGRAPH (1) SHALL BE APPLICABLE ONLY FROM THE EXPIRATION OF 18 MONTHS FROM THE PRIORITY DATE.

(4) THE NATIONAL LAW OF ANY DESIGNATED STATE MAY PROVIDE THAT THE EFFECTS PROVIDED FOR IN PARAGRAPH (1) SHALL BE APPLICABLE ONLY FROM THE DATE ON WHICH A COPY OF THE INTERNATIONAL APPLICATION AS PUBLISHED UNDER ARTICLE 21 HAS BEEN RECEIVED IN THE NATIONAL OFFICE OF OR ACTING FOR SUCH STATE.  THE SAID OFFICE SHALL PUBLISH THE DATE OF RECEIPT IN ITS GAZETTE AS SOON AS POSSIBLE.

ARTICLE 30 CONFIDENTIAL NATURE OF THE INTERNATIONAL APPLICATION

(1)(A) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (B), THE INTERNATIONAL BUREAU AND THE INTERNATIONAL SEARCHING AUTHORITIES SHALL NOT ALLOW ACCESS BY ANY PERSON OR AUTHORITY TO THE INTERNATIONAL APPLICATION BEFORE THE INTERNATIONAL PUBLICATION OF THAT APPLICATION, UNLESS REQUESTED OR AUTHORIZED BY THE APPLICANT.

(B) THE PROVISIONS OF SUBPARAGRAPH (A) SHALL NOT APPLY TO ANY TRANSMITTAL TO THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY, TO TRANSMITTALS PROVIDED FOR UNDER ARTICLE 13, AND TO COMMUNICATIONS PROVIDED FOR UNDER ARTICLE 20.

(2)(A) NO NATIONAL OFFICE SHALL ALLOW ACCESS TO THE INTERNATIONAL APPLICATION BY THIRD PARTIES, UNLESS REQUESTED OR AUTHORIZED BY THE APPLICANT, BEFORE THE EARLIEST OF THE FOLLOWING DATES:

(I) DATE OF THE INTERNATIONAL PUBLICATION OF THE INTERNATIONAL APPLICATION,

(II) DATE OF THE RECEIPT OF THE COMMUNICATION OF THE INTERNATIONAL APPLICATION UNDER ARTICLE 20,

(III) DATE OF THE RECEIPT OF A COPY OF THE INTERNATIONAL APPLICATION UNDER ARTICLE 22.

(B) THE PROVISIONS OF SUBPARAGRAPH (A) SHALL NOT PREVENT ANY NATIONAL OFFICE FROM INFORMING THIRD PARTIES THAT IT HAS BEEN DESIGNATED, OR FROM PUBLISHING THAT FACT.  SUCH INFORMATION OR PUBLICATION MAY, HOWEVER, CONTAIN ONLY THE FOLLOWING DATA: IDENTIFICATION OF THE RECEIVING OFFICE, NAME OF THE APPLICANT, INTERNATIONAL FILING DATE, INTERNATIONAL APPLICATION NUMBER, AND TITLE OF THE INVENTION.

(C) THE PROVISIONS OF SUBPARAGRAPH (A) SHALL NOT PREVENT ANY DESIGNATED OFFICE FROM ALLOWING ACCESS TO THE INTERNATIONAL APPLICATION FOR THE PURPOSES OF THE JUDICIAL AUTHORITIES.

(3) THE PROVISIONS OF PARAGRAPH (2)(A) SHALL APPLY TO ANY RECEIVING OFFICE EXCEPT AS FAR AS TRANSMITTALS PROVIDED FOR UNDER ARTICLE 12(1) ARE CONCERNED.

(4) FOR THE PURPOSES OF THIS ARTICLE, THE TERM "ACCESS" COVERS ANY MEANS BY WHICH THIRD PARTIES MAY ACQUIRE COGNIZANCE, INCLUDING INDIVIDUAL COMMUNICATION AND GENERAL PUBLICATION, PROVIDED, HOWEVER, THAT NO NATIONAL OFFICE SHALL GENERALLY PUBLISH AN INTERNATIONAL APPLICATION OR ITS TRANSLATION BEFORE THE INTERNATIONAL PUBLICATION OR, IF INTERNATIONAL PUBLICATION HAS NOT TAKEN PLACE BY THE EXPIRATION OF 20 MONTHS FROM THE PRIORITY DATE, BEFORE THE EXPIRATION OF 20 MONTHS FROM THE SAID PRIORITY DATE.

CHAPTER II INTERNATIONAL PRELIMINARY EXAMINATION

ARTICLE 31 DEMAND FOR INTERNATIONAL PRELIMINARY EXAMINATION

(1) ON THE DEMAND OF THE APPLICANT, HIS INTERNATIONAL APPLICATION SHALL BE THE SUBJECT OF AN INTERNATIONAL PRELIMINARY EXAMINATION AS PROVIDED IN THE FOLLOWING PROVISIONS AND THE REGULATIONS.

(2)(A) ANY APPLICANT WHO IS A RESIDENT OR NATIONAL, AS DEFINED IN THE REGULATIONS, OF A CONTRACTING STATE BOUND BY CHAPTER II, AND WHOSE INTERNATIONAL APPLICATION HAS BEEN FILED WITH THE RECEIVING OFFICE OF OR ACTING FOR SUCH STATE, MAY MAKE A DEMAND FOR INTERNATIONAL PRELIMINARY EXAMINATION.

(B) THE ASSEMBLY MAY DECIDE TO ALLOW PERSONS ENTITLED TO FILE INTERNATIONAL APPLICATIONS TO MAKE A DEMAND FOR INTERNATIONAL PRELIMINARY EXAMINATION EVEN IF THEY ARE RESIDENTS OR NATIONALS OF A STATE NOT PARTY TO THIS TREATY OR NOT BOUND BY CHAPTER II.

(3) THE DEMAND FOR INTERNATIONAL PRELIMINARY EXAMINATION SHALL BE MADE SEPARATELY FROM THE INTERNATIONAL APPLICATION.  THE DEMAND SHALL CONTAIN THE PRESCRIBED PARTICULARS AND SHALL BE IN THE PRESCRIBED LANGUAGE AND FORM.

(4)(A) THE DEMAND SHALL INDICATE THE CONTRACTING STATE OR STATES IN WHICH THE APPLICANT INTENDS TO USE THE RESULTS OF THE INTERNATIONAL PRELIMINARY EXAMINATION ("ELECTED STATES").  ADDITIONAL CONTRACTING STATES MAY BE ELECTED LATER.  ELECTION MAY RELATE ONLY TO CONTRACTING STATES ALREADY DESIGNATED UNDER ARTICLE 4.

(B) APPLICANTS REFERRED TO IN PARAGRAPH (2)(A) MAY ELECT ANY CONTRACTING STATE BOUND BY CHAPTER II.  APPLICANTS REFERRED TO IN PARAGRAPH (2)(B) MAY ELECT ONLY SUCH CONTRACTING STATES BOUND BY CHAPTER II AS HAVE DECLARED THAT THEY ARE PREPARED TO BE ELECTED BY SUCH APPLICANTS.

(5) THE DEMAND SHALL BE SUBJECT TO THE PAYMENT OF THE PRESCRIBED FEES WITHIN THE PRESCRIBED TIME LIMIT.

(6)(A) THE DEMAND SHALL BE SUBMITTED TO THE COMPETENT INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY REFERRED TO IN ARTICLE 32.

(B) ANY LATER ELECTION SHALL BE SUBMITTED TO THE INTERNATIONAL BUREAU.

(7) EACH ELECTED OFFICE SHALL BE NOTIFIED OF ITS ELECTION.

ARTICLE 32 THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

(1) INTERNATIONAL PRELIMINARY EXAMINATION SHALL BE CARRIED OUT BY THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY.

(2) IN THE CASE OF DEMANDS REFERRED TO IN ARTICLE 31(2)(A), THE RECEIVING OFFICE, AND, IN THE CASE OF DEMANDS REFERRED TO IN ARTICLE 31(2)(B), THE ASSEMBLY, SHALL, IN ACCORDANCE WITH THE APPLICABLE AGREEMENT BETWEEN THE INTERESTED INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY OR AUTHORITIES AND THE INTERNATIONAL BUREAU, SPECIFY THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY OR AUTHORITIES COMPETENT FOR THE PRELIMINARY EXAMINATION.

(3) THE PROVISIONS OF ARTICLE 16(3) SHALL APPLY, MUTATIS MUTANDIS, IN RESPECT OF INTERNATIONAL PRELIMINARY EXAMINING AUTHORITIES.

ARTICLE 33 THE INTERNATIONAL PRELIMINARY EXAMINATION

(1) THE OBJECTIVE OF THE INTERNATIONAL PRELIMINARY EXAMINATION IS TO FORMULATE A PRELIMINARY AND NON-BINDING OPINION ON THE QUESTIONS WHETHER THE CLAIMED INVENTION APPEARS TO BE NOVEL, TO INVOLVE AN INVENTIVE STEP (TO BE NON-OBVIOUS), AND TO BE INDUSTRIALLY APPLICABLE.

(2) FOR THE PURPOSES OF THE INTERNATIONAL PRELIMINARY EXAMINATION, A CLAIMED INVENTION SHALL BE CONSIDERED NOVEL IF IT IS NOT ANTICIPATED BY THE PRIOR ART AS DEFINED IN THE REGULATIONS.

(3) FOR THE PURPOSES OF THE INTERNATIONAL PRELIMINARY EXAMINATION, A CLAIMED INVENTION SHALL BE CONSIDERED TO INVOLVE AN INVENTIVE STEP IF, HAVING REGARD TO THE PRIOR ART AS DEFINED IN THE REGULATIONS, IT IS NOT, AT THE PRESCRIBED RELEVANT DATE, OBVIOUS TO A PERSON SKILLED IN THE ART.

(4) FOR THE PURPOSES OF THE INTERNATIONAL PRELIMINARY EXAMINATION, A CLAIMED INVENTION SHALL BE CONSIDERED INDUSTRIALLY APPLICABLE IF, ACCORDING TO ITS NATURE, IT CAN BE MADE OR USED (IN THE TECHNOLOGICAL SENSE) IN ANY KIND OF INDUSTRY.  "INDUSTRY" SHALL BE UNDERSTOOD IN ITS BROADEST SENSE, AS IN THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

(5) THE CRITERIA DESCRIBED ABOVE MERELY SERVE THE PURPOSES OF INTERNATIONAL PRELIMINARY EXAMINATION.  ANY CONTRACTING STATE MAY APPLY ADDITIONAL OR DIFFERENT CRITERIA FOR THE PURPOSES OF DECIDING WHETHER, IN THAT STATE, THE CLAIMED INVENTION IS PATENTABLE OR NOT.

(6) THE INTERNATIONAL PRELIMINARY EXAMINATION SHALL TAKE INTO CONSIDERATION ALL THE DOCUMENTS CITED IN THE INTERNATIONAL SEARCH REPORT.  IT MAY TAKE INTO CONSIDERATION ANY ADDITIONAL DOCUMENTS CONSIDERED TO BE RELEVANT 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 REGULATIONS IN SO FAR AS CHECKED BY THAT AUTHORITY,

(III) NO OBSERVATIONS ARE INTENDED TO BE MADE UNDER ARTICLE 35(2), LAST SENTENCE.

(D) THE APPLICANT MAY RESPOND TO THE WRITTEN OPINION.

(3)(A) IF THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY CONSIDERS THAT THE INTERNATIONAL APPLICATION DOES NOT COMPLY WITH THE REQUIREMENT OF UNITY OF INVENTION AS SET FORTH IN THE REGULATIONS, IT MAY INVITE THE APPLICANT, AT HIS OPTION, TO RESTRICT THE CLAIMS SO AS TO COMPLY WITH THE REQUIREMENT OR TO PAY ADDITIONAL FEES.

(B) THE NATIONAL LAW OF ANY ELECTED STATE MAY PROVIDE THAT, WHERE THE APPLICANT CHOOSES TO RESTRICT THE CLAIMS UNDER SUBPARAGRAPH (A), THOSE PARTS OF THE INTERNATIONAL APPLICATION WHICH, AS A CONSEQUENCE OF THE RESTRICTION, ARE NOT TO BE THE SUBJECT OF INTERNATIONAL PRELIMINARY EXAMINATION SHALL, AS FAR AS EFFECTS IN THAT STATE ARE CONCERNED, BE CONSIDERED WITHDRAWN UNLESS A SPECIAL FEE IS PAID BY THE APPLICANT TO THE NATIONAL OFFICE OF THAT STATE.

(C) IF THE APPLICANT DOES NOT COMPLY WITH THE INVITATION REFERRED TO IN SUBPARAGRAPH (A) WITHIN THE PRESCRIBED TIME LIMIT, THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY SHALL ESTABLISH AN INTERNATIONAL PRELIMINARY EXAMINATION REPORT ON THOSE PARTS OF THE INTERNATIONAL APPLICATION WHICH RELATE TO WHAT APPEARS TO BE THE MAIN INVENTION AND SHALL INDICATE THE RELEVANT FACTS IN THE SAID REPORT.  THE NATIONAL LAW OF ANY ELECTED STATE MAY PROVIDE THAT, WHERE ITS NATIONAL OFFICE FINDS THE INVITATION OF THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY JUSTIFIED, THOSE PARTS OF THE INTERNATIONAL APPLICATION WHICH DO NOT RELATE TO THE MAIN INVENTION SHALL, AS FAR AS EFFECTS IN THAT STATE ARE CONCERNED, BE CONSIDERED WITHDRAWN UNLESS A SPECIAL FEE IS PAID BY THE APPLICANT TO THAT OFFICE.

(4)(A) IF THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY CONSIDERS

(I) THAT THE INTERNATIONAL APPLICATION RELATES TO A SUBJECT MATTER ON WHICH THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY IS NOT REQUIRED, UNDER THE REGULATIONS, TO CARRY OUT AN INTERNATIONAL PRELIMINARY EXAMINATION, AND IN THE PARTICULAR CASE DECIDES NOT TO CARRY OUT SUCH EXAMINATION, OR

(II) THAT THE DESCRIPTION, THE CLAIMS, OR THE DRAWINGS, ARE SO UNCLEAR, OR THE CLAIMS ARE SO INADEQUATELY SUPPORTED BY THE DESCRIPTION, THAT NO MEANINGFUL OPINION CAN BE FORMED ON THE NOVELTY, INVENTIVE STEP (NON-OBVIOUSNESS), OR INDUSTRIAL APPLICABILITY, OF THE CLAIMED INVENTION,

THE SAID AUTHORITY SHALL NOT GO INTO THE QUESTIONS REFERRED TO IN ARTICLE 33(1) AND SHALL INFORM THE APPLICANT OF THIS OPINION AND THE REASONS THEREFOR.

(B) IF ANY OF THE SITUATIONS REFERRED TO IN SUBPARAGRAPH (A) IS FOUND TO EXIST IN, OR IN CONNECTION WITH, CERTAIN CLAIMS ONLY, THE PROVISIONS OF THAT SUBPARAGRAPH SHALL APPLY ONLY TO THE SAID CLAIMS.

ARTICLE 35 THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT

(1) THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT SHALL BE ESTABLISHED WITHIN THE PRESCRIBED TIME LIMIT AND IN THE PRESCRIBED FORM.

(2) THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT SHALL NOT CONTAIN ANY STATEMENT ON THE QUESTION WHETHER THE CLAIMED INVENTION IS OR SEEMS TO BE PATENTABLE OR UNPATENTABLE ACCORDING TO ANY NATIONAL LAW.  IT SHALL STATE, SUBJECT TO THE PROVISIONS OF PARAGRAPH (3), IN RELATION TO EACH CLAIM, WHETHER THE CLAIM APPEARS TO SATISFY THE CRITERIA OF NOVELTY, INVENTIVE STEP (NON-OBVIOUSNESS), AND INDUSTRIAL APPLICABILITY, AS DEFINED FOR THE PURPOSES OF THE INTERNATIONAL PRELIMINARY EXAMINATION IN ARTICLE 33(1) TO (4).  THE STATEMENT SHALL BE ACCOMPANIED BY THE CITATION OF THE DOCUMENTS BELIEVED TO SUPPORT THE STATED CONCLUSION WITH SUCH EXPLANATIONS AS THE CIRCUMSTANCES OF THE CASE MAY REQUIRE.  THE STATEMENT SHALL ALSO BE ACCOMPANIED BY SUCH OTHER OBSERVATIONS AS THE REGULATIONS PROVIDE FOR.

(3)(A) IF, AT THE TIME OF ESTABLISHING THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT, THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY CONSIDERS THAT ANY OF THE SITUATIONS REFERRED TO IN ARTICLE 34(4)(A) EXISTS, THAT REPORT SHALL STATE THIS OPINION AND THE REASONS THEREFOR.  IT SHALL NOT CONTAIN ANY STATEMENT AS PROVIDED IN PARAGRAPH (2).

(B) IF A SITUATION UNDER ARTICLE 34(4)(B) IS FOUND TO EXIST, THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT SHALL, IN RELATION TO THE CLAIMS IN QUESTION, CONTAIN THE STATEMENT AS PROVIDED IN SUBPARAGRAPH (A), WHEREAS, IN RELATION TO THE OTHER CLAIMS, IT SHALL CONTAIN THE STATEMENT AS PROVIDED IN PARAGRAPH (2).

ARTICLE 36 TRANSMITTAL, TRANSLATION, AND COMMUNICATION, OF THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT

(1) THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT, TOGETHER WITH THE PRESCRIBED ANNEXES, SHALL BE TRANSMITTED TO THE APPLICANT AND TO THE INTERNATIONAL BUREAU.

(2)(A) THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT AND ITS ANNEXES SHALL BE TRANSLATED INTO THE PRESCRIBED LANGUAGES.

(B) ANY TRANSLATION OF THE SAID REPORT SHALL BE PREPARED BY OR UNDER THE RESPONSIBILITY OF THE INTERNATIONAL BUREAU, WHEREAS ANY TRANSLATION OF THE SAID ANNEXES SHALL BE PREPARED BY THE APPLICANT.

(3)(A) THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT, TOGETHER WITH ITS TRANSLATION (AS PRESCRIBED) AND ITS ANNEXES (IN THE ORIGINAL LANGUAGE), SHALL BE COMMUNICATED BY THE INTERNATIONAL BUREAU TO EACH ELECTED OFFICE.

(B) THE PRESCRIBED TRANSLATION OF THE ANNEXES SHALL BE TRANSMITTED WITHIN THE PRESCRIBED TIME LIMIT BY THE APPLICANT TO THE ELECTED OFFICES.

(4) THE PROVISIONS OF ARTICLE 20(3) SHALL APPLY, MUTATIS MUTANDIS, TO COPIES OF ANY DOCUMENT WHICH IS CITED IN THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT AND WHICH WAS NOT CITED IN THE INTERNATIONAL SEARCH REPORT.

ARTICLE 37 WITHDRAWAL OF DEMAND OR ELECTION

(1) THE APPLICANT MAY WITHDRAW ANY OR ALL ELECTIONS.

(2) IF THE ELECTION OF ALL ELECTED STATES IS WITHDRAWN, THE DEMAND SHALL BE CONSIDERED WITHDRAWN.

(3)(A) ANY WITHDRAWAL SHALL BE NOTIFIED TO THE INTERNATIONAL BUREAU.

(B) THE ELECTED OFFICES CONCERNED AND THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY CONCERNED SHALL BE NOTIFIED ACCORDINGLY BY THE INTERNATIONAL BUREAU.

(4)(A) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (B), WITHDRAWAL OF THE DEMAND OR OF THE ELECTION OF A CONTRACTING STATE SHALL, UNLESS THE NATIONAL LAW OF THAT STATE PROVIDES OTHERWISE, BE CONSIDERED TO BE WITHDRAWAL OF THE INTERNATIONAL APPLICATION AS FAR AS THAT STATE IS CONCERNED.

(B) WITHDRAWAL OF THE DEMAND OR OF THE ELECTION SHALL NOT BE CONSIDERED TO BE WITHDRAWAL OF THE INTERNATIONAL APPLICATION IF SUCH WITHDRAWAL IS EFFECTED PRIOR TO THE EXPIRATION OF THE APPLICABLE TIME LIMIT UNDER ARTICLE 22; HOWEVER, ANY CONTRACTING STATE MAY PROVIDE IN ITS NATIONAL LAW THAT THE AFORESAID SHALL APPLY ONLY IF ITS NATIONAL OFFICE HAS RECEIVED, WITHIN THE SAID TIME LIMIT, A COPY OF THE INTERNATIONAL APPLICATION, TOGETHER WITH A TRANSLATION (AS PRESCRIBED), AND THE NATIONAL FEE.

ARTICLE 38 CONFIDENTIAL NATURE OF THE INTERNATIONAL PRELIMINARY EXAMINATION

(1) NEITHER THE INTERNATIONAL BUREAU NOR THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY SHALL, UNLESS REQUESTED OR AUTHORIZED BY THE APPLICANT, ALLOW ACCESS WITHIN THE MEANING, AND WITH THE PROVISO, OF ARTICLE 30(4) TO THE FILE OF THE INTERNATIONAL PRELIMINARY EXAMINATION BY ANY PERSON OR AUTHORITY AT ANY TIME, EXCEPT BY THE ELECTED OFFICES ONCE THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT HAS BEEN ESTABLISHED.

(2) SUBJECT TO THE PROVISIONS OF PARAGRAPH (1) AND ARTICLES 36(1) AND (3) AND 37(3)(B), NEITHER THE INTERNATIONAL BUREAU NOR THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY SHALL, UNLESS REQUESTED OR AUTHORIZED BY THE APPLICANT, GIVE INFORMATION ON THE ISSUANCE OR NON-ISSUANCE OF AN INTERNATIONAL PRELIMINARY EXAMINATION REPORT AND ON THE WITHDRAWAL OR NON-WITHDRAWAL OF THE DEMAND OR OF ANY ELECTION.

ARTICLE 39 COPY, TRANSLATION, AND FEE, TO ELECTED OFFICES

(1)(A) IF THE ELECTION OF ANY CONTRACTING STATE HAS BEEN EFFECTED PRIOR TO THE EXPIRATION OF THE 19TH MONTH FROM THE PRIORITY DATE, THE PROVISIONS OF ARTICLE 22 SHALL NOT APPLY TO SUCH STATE AND THE APPLICANT SHALL FURNISH A COPY OF THE INTERNATIONAL APPLICATION (UNLESS THE COMMUNICATION UNDER ARTICLE 20 HAS ALREADY TAKEN PLACE) AND A TRANSLATION THEREOF (AS PRESCRIBED), AND PAY THE NATIONAL FEE (IF ANY), TO EACH ELECTED OFFICE NOT LATER THAN AT THE EXPIRATION OF 25 MONTHS FROM THE PRIORITY DATE.

(B) ANY NATIONAL LAW MAY, FOR PERFORMING THE ACTS RETERRED TO IN SUBPARAGRAPH (A), FIX TIME LIMITS WHICH EXPIRE LATER THAN THE TIME LIMIT PROVIDED FOR IN THAT SUBPARAGRAPH.

(2) THE EFFECT PROVIDED FOR IN ARTICLE 11(3) SHALL CEASE IN THE ELECTED STATE WITH THE SAME CONSEQUENCES AS THE WITHDRAWAL OF ANY NATIONAL APPLICATION IN THAT STATE IF THE APPLICANT FAILS TO PERFORM THE ACTS REFERRED TO IN PARAGRAPH (1)(A) WITHIN THE TIME LIMIT APPLICABLE UNDER PARAGRAPH (1)(A) OR (B).

(3) ANY ELECTED OFFICE MAY MAINTAIN THE EFFECT PROVIDED FOR IN ARTICLE 11(3) EVEN WHERE THE APPLICANT DOES NOT COMPLY WITH THE REQUIREMENTS PROVIDED FOR IN PARAGRAPH (1)(A) OR (B).

ARTICLE 40 DELAYING OF NATIONAL EXAMINATION AND OTHER PROCESSING

(1) IF THE ELECTION OF ANY CONTRACTING STATE HAS BEEN EFFECTED PRIOR TO THE EXPIRATION OF THE 19TH MONTH FROM THE PRIORITY DATE, THE PROVISIONS OF ARTICLE 23 SHALL NOT APPLY TO SUCH STATE AND THE NATIONAL OFFICE OF OR ACTING FOR THAT STATE SHALL NOT PROCEED, SUBJECT TO THE PROVISIONS OF PARAGRAPH (2), TO THE EXAMINATION AND OTHER PROCESSING OF THE INTERNATIONAL APPLICATION PRIOR TO THE EXPIRATION OF THE APPLICABLE TIME LIMIT UNDER ARTICLE 39.

(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), ANY ELECTED OFFICE MAY, ON THE EXPRESS REQUEST OF THE APPLICANT, PROCEED TO THE EXAMINATION AND OTHER PROCESSING OF THE INTERNATIONAL APPLICATION AT ANY TIME.

ARTICLE 41 AMENDMENT OF THE CLAIMS, THE DESCRIPTION, AND THE DRAWINGS, BEFORE ELECTED OFFICES

(1) THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO AMEND THE CLAIMS, THE DESCRIPTION, AND THE DRAWINGS, BEFORE EACH ELECTED OFFICE WITHIN THE PRESCRIBED TIME LIMIT.  NO ELECTED OFFICE SHALL GRANT A PATENT, OR REFUSE THE GRANT OF A PATENT, BEFORE SUCH TIME LIMIT HAS EXPIRED, EXCEPT WITH THE EXPRESS CONSENT OF THE APPLICANT.

(2) THE AMENDMENTS SHALL NOT GO BEYOND THE DISCLOSURE IN THE INTERNATIONAL APPLICATION AS FILED, UNLESS THE NATIONAL LAW OF THE ELECTED STATE PERMITS THEM TO GO BEYOND THE SAID DISCLOSURE.

(3) THE AMENDMENTS SHALL BE IN ACCORDANCE WITH THE NATIONAL LAW OF THE ELECTED STATE IN ALL RESPECTS NOT PROVIDED FOR IN THIS TREATY AND THE REGULATIONS.

(4) WHERE AN ELECTED OFFICE REQUIRES A TRANSLATION OF THE INTERNATIONAL APPLICATION, THE AMENDMENTS SHALL BE IN THE LANGUAGE OF THE TRANSLATION.

ARTICLE 42 RESULTS OF NATIONAL EXAMINATION IN ELECTED OFFICES

NO ELECTED OFFICE RECEIVING THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT MAY REQUIRE THAT THE APPLICANT FURNISH COPIES, OR INFORMATION ON THE CONTENTS, OF ANY PAPERS CONNECTED WITH THE EXAMINATION RELATING TO THE SAME INTERNATIONAL APPLICATION IN ANY OTHER ELECTED OFFICE.

CHAPTER III COMMON PROVISIONS

ARTICLE 43 SEEKING CERTAIN KINDS OF PROTECTION

IN RESPECT OF ANY DESIGNATED OR ELECTED STATE WHOSE LAW PROVIDES FOR THE GRANT OF INVENTORS' CERTIFICATES, UTILITY CERTIFICATES, UTILITY MODELS, PATENTS OR CERTIFICATES OF ADDITION, INVENTORS' CERTIFICATES OF ADDITION, OR UTILITY CERTIFICATES OF ADDITION, THE APPLICANT MAY INDICATE, AS PRESCRIBED IN THE REGULATIONS, THAT HIS INTERNATIONAL APPLICATION IS FOR THE GRANT, AS FAR AS THAT STATE IS CONCERNED, OF AN INVENTOR'S CERTIFICATE, A UTILITY CERTIFICATE, OR A UTILITY MODEL, RATHER THAN A PATENT, OR THAT IT IS FOR THE GRANT OF A PATENT OR CERTIFICATE OF ADDITION, AN INVENTOR'S CERTIFICATE OF ADDITION, OR A UTILITY CERTIFICATE OF ADDITION, AND THE ENSUING EFFECT SHALL BE GOVERNED BY THE APPLICANT'S CHOICE.  FOR THE PURPOSES OF THIS ARTICLE AND ANY RULE THEREUNDER, ARTICLE 2(II) SHALL NOT APPLY.

ARTICLE 44 SEEKING TWO KINDS OF PROTECTION

IN RESPECT OF ANY DESIGNATED OR ELECTED STATE WHOSE LAW PERMITS AN APPLICATION, WHILE BEING FOR THE GRANT OF A PATENT OR ONE OF THE OTHER KINDS OF PROTECTION REFERRED TO IN ARTICLE 43, TO BE ALSO FOR THE GRANT OF ANOTHER OF THE SAID KINDS OF PROTECTION, THE APPLICANT MAY INDICATE, AS PRESCRIBED IN THE REGULATIONS, THE TWO KINDS OF PROTECTION HE IS SEEKING, AND THE ENSUING EFFECT SHALL BE GOVERNED BY THE APPLICANT'S INDICATIONS.  FOR THE PURPOSES OF THIS ARTICLE, ARTICLE 2(II) SHALL NOT APPLY.

ARTICLE 45 REGIONAL PATENT TREATIES

(1) ANY TREATY PROVIDING FOR THE GRANT OF REGIONAL PATENTS ("REGIONAL PATENT TREATY"), AND GIVING TO ALL PERSONS WHO, ACCORDING TO ARTICLE 9, ARE ENTITLED TO FILE INTERNATIONAL APPLICATIONS THE RIGHT TO FILE APPLICATIONS FOR SUCH PATENTS, MAY PROVIDE THAT INTERNATIONAL APPLICATIONS DESIGNATING OR ELECTING A STATE PARTY TO BOTH THE REGIONAL PATENT TREATY AND THE PRESENT TREATY MAY BE FILED AS APPLICATIONS FOR SUCH PATENTS.

(2) THE NATIONAL LAW OF THE SAID DESIGNATED OR ELECTED STATE MAY PROVIDE THAT ANY DESIGNATION OR ELECTION OF SUCH STATE IN THE INTERNATIONAL APPLICATION SHALL HAVE THE EFFECT OF AN INDICATION OF THE WISH TO OBTAIN A REGIONAL PATENT UNDER THE REGIONAL PATENT TREATY.

ARTICLE 46 INCORRECT TRANSLATION OF THE INTERNATIONAL APPLICATION

IF, BECAUSE OF AN INCORRECT TRANSLATION OF THE INTERNATIONAL APPLICATION, THE SCOPE OF ANY PATENT GRANTED ON THAT APPLICATION EXCEEDS THE SCOPE OF THE INTERNATIONAL APPLICATION IN ITS ORIGINAL LANGUAGE, THE COMPETENT AUTHORITIES OF THE CONTRACTING STATE CONCERNED MAY ACCORDINGLY AND RETROACTIVELY LIMIT THE SCOPE OF THE PATENT, AND DECLARE IT NULL AND VOID TO THE EXTENT THAT ITS SCOPE HAS EXCEEDED THE SCOPE OF THE INTERNATIONAL APPLICATION IN ITS ORIGINAL LANGUAGE.

ARTICLE 47 TIME LIMITS

(1) THE DETAILS FOR COMPUTING TIME LIMITS REFERRED TO IN THIS TREATY ARE GOVERNED BY THE REGULATIONS.

(2)(A) ALL TIME LIMITS FIXED IN CHAPTERS I AND II OF THIS TREATY MAY, OUTSIDE ANY REVISION UNDER ARTICLE 60, BE MODIFIED BY A DECISION OF THE CONTRACTING STATES.

(B) SUCH DECISIONS SHALL BE MADE IN THE ASSEMBLY OR THROUGH VOTING BY CORRESPONDENCE AND MUST BE UNANIMOUS.

(C) THE DETAILS OF THE PROCEDURE ARE GOVERNED BY THE REGULATIONS.

ARTICLE 48 DELAY IN MEETING CERTAIN TIME LIMITS

(1) WHERE ANY TIME LIMIT FIXED IN THIS TREATY OR THE REGULATIONS IS NOT MET BECAUSE OF INTERRUPTION IN THE MAIL SERVICE OR UNAVOIDABLE LOSS OR DELAY IN THE MAIL, THE TIME LIMIT SHALL BE DEEMED TO BE MET IN THE CASES AND SUBJECT TO THE PROOF AND OTHER CONDITIONS PRESCRIBED IN THE REGULATIONS.

(2)(A) ANY CONTRACTING STATE SHALL, AS FAR AS THAT STATE IS CONCERNED, EXCUSE, FOR REASONS ADMITTED UNDER ITS NATIONAL LAW, ANY DELAY IN MEETING ANY TIME LIMIT.

(B) ANY CONTRACTING STATE MAY, AS FAR AS THAT STATE IS CONCERNED, EXCUSE, FOR REASONS OTHER THAN THOSE REFERRED TO IN SUBPARAGRAPH (A), ANY DELAY IN MEETING ANY TIME LIMIT.

ARTICLE 49 RIGHT TO PRACTICE BEFORE INTERNATIONAL AUTHORITIES

ANY ATTORNEY, PATENT AGENT, OR OTHER PERSON, HAVING THE RIGHT TO PRACTICE BEFORE THE NATIONAL OFFICE WITH WHICH THE INTERNATIONAL APPLICATION WAS FILED, SHALL BE ENTITLED TO PRACTICE BEFORE THE INTERNATIONAL BUREAU AND THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY AND COMPETENT INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY IN RESPECT OF THAT APPLICATION.

CHAPTER IV TECHNICAL SERVICES

ARTICLE 50 PATENT INFORMATION SERVICES

(1) THE INTERNATIONAL BUREAU MAY FURNISH SERVICES BY PROVIDING TECHNICAL AND ANY OTHER PERTINENT INFORMATION AVAILABLE TO 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 WAY PARTICULARLY FACILITATING THE ACQUISITION BY CONTRACTING STATES WHICH ARE DEVELOPING COUNTRIES OF TECHNICAL KNOWLEDGE AND TECHNOLOGY, INCLUDING AVAILABLE PUBLISHED KNOW-HOW.

(4) THE INFORMATION SERVICES SHALL BE AVAILABLE TO GOVERNMENTS OF CONTRACTING STATES AND THEIR NATIONALS AND RESIDENTS.  THE ASSEMBLY MAY DECIDE TO MAKE THESE SERVICES AVAILABLE ALSO TO OTHERS.

(5)(A) ANY SERVICE TO GOVERNMENTS OF CONTRACTING STATES SHALL BE FURNISHED AT COST, PROVIDED THAT, WHEN THE GOVERNMENT IS THAT OF A CONTRACTING STATE WHICH IS A DEVELOPING COUNTRY, THE SERVICE SHALL BE FURNISHED BELOW COST IF THE DIFFERENCE CAN BE COVERED FROM PROFIT MADE ON SERVICES FURNISHED TO OTHERS THAN GOVERNMENTS OF CONTRACTING STATES OR FROM THE SOURCES REFERRED TO IN ARTICLE 51(4).

(B) THE COST REFERRED TO IN SUBPARAGRAPH (A) IS TO BE UNDERSTOOD AS COST OVER AND ABOVE COSTS NORMALLY INCIDENT TO THE PERFORMANCE OF THE SERVICES OF A NATIONAL OFFICE OR THE OBLIGATIONS OF AN INTERNATIONAL SEARCHING AUTHORITY.

(6) THE DETAILS CONCERNING THE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE SHALL BE GOVERNED BY DECISIONS OF THE ASSEMBLY AND, WITHIN THE LIMITS TO BE FIXED BY THE ASSEMBLY, SUCH WORKING GROUPS AS THE ASSEMBLY MAY SET UP FOR THAT PURPOSE.

(7) THE ASSEMBLY SHALL, WHEN IT CONSIDERS IT NECESSARY, RECOMMEND METHODS OF PROVIDING FINANCING SUPPLEMENTARY TO THOSE REFERRED TO IN PARAGRAPH (5).

ARTICLE 51 TECHNICAL ASSISTANCE

(1) THE ASSEMBLY SHALL ESTABLISH A COMMITTEE FOR TECHNICAL ASSISTANCE (REFERRED TO IN THIS ARTICLE AS "THE COMMITTEE").

(2)(A) THE MEMBERS OF THE COMMITTEE SHALL BE ELECTED AMONG THE CONTRACTING STATES, WITH DUE REGARD TO THE REPRESENTATION OF DEVELOPING COUNTRIES.

(B) THE DIRECTOR GENERAL SHALL, ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE COMMITTEE, INVITE REPRESENTATIVES OF INTERGOVERNMENTAL ORGANIZATIONS CONCERNED WITH TECHNICAL ASSISTANCE TO DEVELOPING COUNTRIES TO PARTICIPATE IN THE WORK OF THE COMMITTEE.

(3)(A) THE TASK OF THE COMMITTEE SHALL BE TO ORGANIZE AND SUPERVISE TECHNICAL ASSISTANCE FOR CONTRACTING STATES WHICH ARE DEVELOPING COUNTRIES IN DEVELOPING THEIR PATENT SYSTEMS INDIVIDUALLY OR ON A REGIONAL BASIS.

(B) THE TECHNICAL ASSISTANCE SHALL COMPRISE, AMONG OTHER THINGS, THE TRAINING OF SPECIALISTS, THE LOANING OF EXPERTS, AND THE SUPPLY OF EQUIPMENT BOTH FOR DEMONSTRATION AND FOR OPERATIONAL PURPOSES.

(4) THE INTERNATIONAL BUREAU SHALL SEEK TO ENTER INTO AGREEMENTS, ON THE ONE HAND, WITH INTERNATIONAL FINANCING ORGANIZATIONS AND INTERGOVERNMENTAL ORGANIZATIONS, PARTICULARLY THE UNITED NATIONS, THE AGENCIES OF THE UNITED NATIONS, AND THE SPECIALIZED AGENCIES CONNECTED WITH THE UNITED NATIONS CONCERNED WITH TECHNICAL ASSISTANCE, AND, ON THE OTHER HAND, WITH THE GOVERNMENTS OF THE STATES RECEIVING THE TECHNICAL ASSISTANCE, FOR THE FINANCING OF PROJECTS PURSUANT TO THIS ARTICLE.

(5) THE DETAILS CONCERNING THE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE SHALL BE GOVERNED BY DECISIONS OF THE ASSEMBLY AND, WITHIN THE LIMITS TO BE FIXED BY THE ASSEMBLY, SUCH WORKING GROUPS AS THE ASSEMBLY MAY SET UP FOR THAT PURPOSE.

ARTICLE 52 RELATIONS WITH OTHER PROVISIONS OF THE TREATY

NOTHING IN THIS CHAPTER SHALL AFFECT THE FINANCIAL PROVISIONS CONTAINED IN ANY OTHER CHAPTER OF THIS TREATY.  SUCH PROVISIONS ARE NOT APPLICABLE TO THE PRESENT CHAPTER OR TO ITS IMPLEMENTATION.

CHAPTER V ADMINISTRATIVE PROVISIONS

ARTICLE 53 ASSEMBLY

(1)(A) THE ASSEMBLY SHALL, SUBJECT TO ARTICLE 57(8), CONSIST OF THE CONTRACTING STATES.

(B) THE GOVERNMENT OF EACH CONTRACTING STATE SHALL BE REPRESENTED BY ONE DELEGATE, WHO MAY BE ASSISTED BY ALTERNATE DELEGATES, ADVISORS, AND EXPERTS.

(2)(A) THE ASSEMBLY SHALL:

(I) DEAL WITH ALL MATTERS CONCERNING THE MAINTENANCE AND DEVELOPMENT OF THE UNION AND THE IMPLEMENTATION OF THIS TREATY;

(II) PERFORM SUCH TASKS AS ARE SPECIFICALLY ASSIGNED TO IT UNDER OTHER PROVISIONS OF THIS TREATY;

(III) GIVE DIRECTIONS TO THE INTERNATIONAL BUREAU CONCERNING THE PREPARATION FOR REVISION CONFERENCES;

(IV) REVIEW AND APPROVE THE REPORTS AND ACTIVITIES OF THE DIRECTOR GENERAL CONCERNING THE UNION, AND GIVE HIM ALL NECESSARY INSTRUCTIONS CONCERNING MATTERS WITHIN THE COMPETENCE OF THE UNION;

(V) REVIEW AND APPROVE THE REPORTS AND ACTIVITIES OF THE EXECUTIVE COMMITTEE ESTABLISHED UNDER PARAGRAPH (9), AND GIVE INSTRUCTIONS TO SUCH COMMITTEE;

(VI) DETERMINE THE PROGRAM AND ADOPT THE TRIENNIAL BUDGET OF THE UNION, AND APPROVE ITS FINAL ACCOUNTS;

(VII) ADOPT THE FINANCIAL REGULATIONS OF THE UNION;

(VIII) ESTABLISH SUCH COMMITTEES AND WORKING GROUPS AS IT DEEMS APPROPRIATE TO ACHIEVE THE OBJECTIVES OF THE UNION;

(IX) DETERMINE WHICH STATES OTHER THAN CONTRACTING STATES AND, SUBJECT TO THE PROVISIONS OF PARAGRAPH (8), WHICH INTERGOVERNMENTAL AND INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS SHALL BE ADMITTED TO ITS MEETINGS AS OBSERVERS;

(X) TAKE ANY OTHER APPROPRIATE ACTION DESIGNED TO FURTHER THE OBJECTIVES OF THE UNION AND PERFORM SUCH OTHER FUNCTIONS AS ARE APPROPRIATE UNDER THIS TREATY.

(B) WITH RESPECT TO MATTERS WHICH ARE OF INTEREST ALSO TO OTHER UNIONS ADMINISTERED BY THE ORGANIZATION, THE ASSEMBLY SHALL MAKE ITS DECISIONS AFTER HAVING HEARD THE ADVICE OF THE COORDINATION COMMITTEE OF THE ORGANIZATION.

(3) A DELEGATE MAY REPRESENT, AND VOTE 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 ARTICLES 47(2)(B), 58(2)(B), 58(3) AND 61(2)(B), THE DECISIONS OF THE ASSEMBLY SHALL REQUIRE TWO-THIRDS OF THE VOTES CAST.

(B) ABSTENTIONS SHALL NOT BE CONSIDERED AS VOTES.

(7) IN CONNECTION WITH MATTERS OF EXCLUSIVE INTEREST TO STATES BOUND BY CHAPTER II, ANY REFERENCE TO CONTRACTING STATES IN PARAGRAPHS (4), (5), AND (6), SHALL BE CONSIDERED AS APPLYING ONLY TO STATES BOUND BY CHAPTER II.

(8) ANY INTERGOVERNMENTAL ORGANIZATION APPOINTED AS INTERNATIONAL SEARCHING OR PRELIMINARY EXAMINING AUTHORITY SHALL BE ADMITTED AS OBSERVER TO THE ASSEMBLY.

(9) WHEN THE NUMBER OF CONTRACTING STATES EXCEEDS FORTY, THE ASSEMBLY SHALL ESTABLISH AN EXECUTIVE COMMITTEE.  ANY REFERENCE TO THE EXECUTIVE COMMITTEE IN THIS TREATY AND THE REGULATIONS SHALL BE CONSTRUED AS REFERENCES TO SUCH COMMITTEE ONCE IT HAS BEEN ESTABLISHED.

(10) UNTIL THE EXECUTIVE COMMITTEE HAS BEEN ESTABLISHED, THE ASSEMBLY SHALL APPROVE, WITHIN THE LIMITS OF THE PROGRAM AND TRIENNIAL BUDGET, THE ANNUAL PROGRAMS AND BUDGETS PREPARED BY THE DIRECTOR GENERAL.

(11)(A) UNTIL THE EXECUTIVE COMMITTEE HAS BEEN ESTABLISHED, THE ASSEMBLY SHALL MEET ONCE IN EVERY CALENDAR YEAR IN ORDINARY SESSION UPON CONVOCATION BY THE DIRECTOR GENERAL AND, IN THE ABSENCE OF EXCEPTIONAL CIRCUMSTANCES, DURING THE SAME PERIOD AND AT THE SAME PLACE AS THE COORDINATION COMMITTEE OF THE ORGANIZATION.

(B) ONCE THE EXECUTIVE COMMITTEE HAS BEEN ESTABLISHED, THE ASSEMBLY SHALL MEET ONCE ONLY IN EVERY THIRD CALENDAR YEAR IN ORDINARY SESSION UPON CONVOCATION BY THE DIRECTOR GENERAL AND, IN THE ABSENCE OF EXCEPTIONAL CIRCUMSTANCES, DURING THE SAME PERIOD AND AT THE SAME PLACE AS THE GENERAL ASSEMBLY OF THE ORGANIZATION.

(C) THE ASSEMBLY SHALL MEET IN EXTRAORDINARY SESSION UPON CONVOCATION BY THE DIRECTOR GENERAL, AT THE REQUEST OF THE EXECUTIVE COMMITTEE, OR AT THE REQUEST OF ONE-FOURTH OF THE CONTRACTING STATES.

(12) THE ASSEMBLY SHALL ADOPT ITS OWN RULES OF PROCEDURE.

ARTICLE 54 EXECUTIVE COMMITTEE

(1) WHEN THE ASSEMBLY HAS ESTABLISHED AN EXECUTIVE COMMITTEE, THAT COMMITTEE SHALL BE SUBJECT TO THE PROVISIONS SET FORTH HEREINAFTER.

(2)(A) THE EXECUTIVE COMMITTEE SHALL, SUBJECT TO ARTICLE 57(8), CONSIST OF STATES ELECTED BY THE ASSEMBLY FROM AMONG STATES MEMBERS OF THE ASSEMBLY.

(B) THE GOVERNMENT OF EACH STATE MEMBER OF THE EXECUTIVE COMMITTEE SHALL BE REPRESENTED BY ONE DELEGATE, WHO MAY BE ASSISTED BY ALTERNATE DELEGATES, ADVISORS, AND EXPERTS.

(3) THE NUMBER OF STATES MEMBERS OF THE EXECUTIVE COMMITTEE SHALL CORRESPOND TO ONE-FOURTH OF THE NUMBER OF STATES MEMBERS OF THE ASSEMBLY.  IN ESTABLISHING THE NUMBER OF SEATS TO BE FILLED, REMAINDERS AFTER DIVISION BY FOUR SHALL BE DISREGARDED.

(4) IN ELECTING THE MEMBERS OF THE EXECUTIVE COMMITTEE, THE ASSEMBLY SHALL HAVE DUE REGARD TO AN EQUITABLE GEOGRAPHICAL DISTRIBUTION.

(5)(A) EACH MEMBER OF THE EXECUTIVE COMMITTEE SHALL SERVE FROM THE CLOSE OF THE SESSION OF THE ASSEMBLY WHICH ELECTED IT TO THE CLOSE OF THE NEXT ORDINARY SESSION OF THE ASSEMBLY.

(B) MEMBERS OF THE EXECUTIVE COMMITTEE MAY BE REELECTED BUT ONLY UP TO A MAXIMUM OF TWO-THIRDS OF SUCH MEMBERS.

(C) THE ASSEMBLY SHALL ESTABLISH THE DETAILS OF THE RULES GOVERNING THE ELECTION AND POSSIBLE RE-ELECTION OF THE MEMBERS OF THE EXECUTIVE COMMITTEE.

(6)(A) THE EXECUTIVE COMMITTEE SHALL:

(I) PREPARE THE DRAFT AGENDA OF THE ASSEMBLY;

(II) SUBMIT PROPOSALS TO THE ASSEMBLY IN RESPECT OF THE DRAFT PROGRAM AND TRIENNIAL BUDGET OF THE UNION PREPARED BY THE DIRECTOR GENERAL;

(III) APPROVE, WITHIN THE LIMITS OF THE PROGRAM AND TRIENNIAL BUDGET, THE SPECIFIC YEARLY BUDGETS AND PROGRAMS PREPARED BY THE DIRECTOR GENERAL;

(IV) SUBMIT, WITH APPROPRIATE COMMENTS, TO THE ASSEMBLY THE PERIODICAL REPORTS OF THE DIRECTOR GENERAL AND THE YEARLY AUDIT REPORTS ON THE ACCOUNTS;

(V) TAKE ALL NECESSARY MEASURES TO ENSURE THE EXECUTION OF THE PROGRAM OF THE UNION BY THE DIRECTOR GENERAL, IN ACCORDANCE WITH THE DECISIONS OF THE ASSEMBLY AND HAVING REGARD TO CIRCUMSTANCES ARISING BETWEEN TWO ORDINARY SESSIONS OF THE ASSEMBLY;

(VI) PERFORM SUCH OTHER FUNCTIONS AS ARE ALLOCATED TO IT UNDER THIS TREATY.

(B) WITH RESPECT TO MATTERS WHICH ARE OF INTEREST ALSO TO OTHER UNIONS ADMINISTERED BY THE ORGANIZATION, THE EXECUTIVE COMMITTEE SHALL MAKE ITS DECISIONS AFTER HAVING HEARD THE ADVICE OF THE COORDINATION COMMITTEE OF THE ORGANIZATION.

(7)(A) THE EXECUTIVE COMMITTEE SHALL MEET ONCE A YEAR IN ORDINARY SESSION UPON CONVOCATION BY THE DIRECTOR GENERAL, PREFERABLY DURING THE SAME PERIOD AND AT THE SAME PLACE AS THE COORDINATION COMMITTEE OF THE ORGANIZATION.

(B) THE EXECUTIVE COMMITTEE SHALL MEET IN EXTRAORDINARY SESSION UPON CONVOCATION BY THE DIRECTOR GENERAL, EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF ITS CHAIRMAN OR ONE-FOURTH OF ITS MEMBERS.

(8)(A) EACH STATE MEMBER OF THE EXECUTIVE COMMITTEE SHALL HAVE ONE VOTE.

(B) ONE-HALF OF THE MEMBERS OF THE EXECUTIVE COMMITTEE SHALL CONSTITUTE A QUORUM.

(C) DECISIONS SHALL BE MADE BY A SIMPLE MAJORITY OF THE VOTES CAST.

(D) ABSTENTIONS SHALL NOT BE CONSIDERED AS VOTES.

(E) A DELEGATE MAY REPRESENT, AND VOTE IN THE NAME OF, ONE STATE ONLY.

(9) CONTRACTING STATES NOT MEMBERS OF THE EXECUTIVE COMMITTEE SHALL BE ADMITTED TO ITS MEETINGS AS OBSERVERS, AS WELL AS ANY INTERGOVERNMENTAL ORGANIZATION APPOINTED AS INTERNATIONAL SEARCHING OR PRELIMINARY EXAMINING AUTHORITY.

(10) THE EXECUTIVE COMMITTEE SHALL ADOPT ITS OWN RULES OF PROCEDURE.

ARTICLE 55 INTERNATIONAL BUREAU

(1) ADMINISTRATIVE TASKS CONCERNING THE UNION SHALL BE PERFORMED BY THE INTERNATIONAL BUREAU.

(2) THE INTERNATIONAL BUREAU SHALL PROVIDE THE SECRETARIAT OF THE VARIOUS ORGANS OF THE UNION.

(3) THE DIRECTOR GENERAL SHALL BE THE CHIEF EXECUTIVE OF THE UNION AND SHALL REPRESENT THE UNION.

(4) THE INTERNATIONAL BUREAU SHALL PUBLISH A GAZETTE AND OTHER PUBLICATIONS PROVIDED FOR BY THE REGULATIONS OR REQUIRED BY THE ASSEMBLY.

(5) THE REGULATIONS SHALL SPECIFY THE SERVICES THAT NATIONAL OFFICES SHALL PERFORM IN ORDER TO ASSIST THE INTERNATIONAL BUREAU AND THE INTERNATIONAL SEARCHING AND PRELIMINARY EXAMINING AUTHORITIES IN CARRYING OUT THEIR TASKS UNDER THIS TREATY.

(6) THE DIRECTOR GENERAL AND ANY STAFF MEMBER DESIGNATED BY HIM SHALL PARTICIPATE, WITHOUT THE RIGHT TO VOTE, IN ALL MEETINGS OF THE ASSEMBLY, THE EXECUTIVE COMMITTEE AND ANY OTHER COMMITTEE OR WORKING GROUP ESTABLISHED UNDER THIS TREATY OR THE REGULATIONS.  THE DIRECTOR GENERAL, OR A STAFF MEMBER DESIGNATED BY HIM, SHALL BE EX OFFICIO SECRETARY OF THESE BODIES.

(7)(A) THE INTERNATIONAL BUREAU SHALL, IN ACCORDANCE WITH THE DIRECTIONS OF THE ASSEMBLY AND IN COOPERATION WITH THE EXECUTIVE COMMITTEE, MAKE THE PREPARATIONS FOR THE REVISION CONFERENCES.

(B) THE INTERNATIONAL BUREAU MAY CONSULT WITH INTERGOVERNMENTAL AND INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS CONCERNING PREPARATIONS FOR REVISION CONFERENCES.

(C) THE DIRECTOR GENERAL AND PERSONS DESIGNATED BY HIM SHALL TAKE PART, WITHOUT THE RIGHT TO VOTE, IN THE DISCUSSIONS AT REVISION CONFERENCES.

(8) THE INTERNATIONAL BUREAU SHALL CARRY OUT ANY OTHER TASKS ASSIGNED TO IT.

ARTICLE 56 COMMITTEE FOR TECHNICAL COOPERATION

(1) THE ASSEMBLY SHALL ESTABLISH A COMMITTEE FOR TECHNICAL COOPERATION (REFERRED TO IN THIS ARTICLE AS "THE COMMITTEE").

(2)(A) THE ASSEMBLY SHALL DETERMINE THE COMPOSITION OF THE COMMITTEE AND APPOINT ITS MEMBERS, WITH DUE REGARD TO AN EQUITABLE REPRESENTATION OF DEVELOPING COUNTRIES.

(B) THE INTERNATIONAL SEARCHING AND PRELIMINARY EXAMINING AUTHORITIES SHALL BE EX OFFICIO MEMBERS OF THE COMMITTEE.  IN THE CASE WHERE SUCH AN AUTHORITY IS THE NATIONAL OFFICE OF A CONTRACTING STATE, THAT STATE SHALL NOT BE ADDITIONALLY REPRESENTED ON THE COMMITTEE.

(C) IF THE NUMBER OF CONTRACTING STATES SO ALLOWS, THE TOTAL NUMBER OF MEMBERS OF THE COMMITTEE SHALL BE MORE THAN DOUBLE THE NUMBER OF EX OFFICIO MEMBERS.

(D) THE DIRECTOR GENERAL SHALL, ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE COMMITTEE, INVITE REPRESENTATIVES OF INTERESTED ORGANIZATIONS TO PARTICIPATE IN DISCUSSIONS OF INTEREST TO THEM.

(3) THE AIM OF THE COMMITTEE SHALL BE TO CONTRIBUTE, BY ADVICE AND RECOMMENDATIONS:

(I) TO THE CONSTANT IMPROVEMENT OF THE SERVICES PROVIDED FOR UNDER THIS TREATY,

(II) TO THE SECURING, SO LONG AS THERE ARE SEVERAL INTERNATIONAL SEARCHING AUTHORITIES AND SEVERAL INTERNATIONAL PRELIMINARY EXAMINING AUTHORITIES, OF THE MAXIMUM DEGREE OF UNIFORMITY IN THEIR DOCUMENTATION AND WORKING METHODS AND THE MAXIMUM DEGREE OF UNIFORMLY HIGH QUALITY IN THEIR REPORTS, AND

(III) ON THE INITIATIVE OF THE ASSEMBLY OR THE EXECUTIVE COMMITTEE, TO THE SOLUTION OF THE TECHNICAL PROBLEMS SPECIFICALLY INVOLVED IN THE ESTABLISHMENT OF A SINGLE INTERNATIONAL SEARCHING AUTHORITY.

(4) ANY CONTRACTING STATE AND ANY INTERESTED INTERNATIONAL ORGANIZATION MAY APPROACH THE COMMITTEE IN WRITING ON QUESTIONS WHICH FALL WITHIN THE COMPETENCE OF THE COMMITTEE.

(5) THE COMMITTEE MAY ADDRESS ITS ADVICE AND RECOMMENDATIONS TO THE DIRECTOR GENERAL OR, THROUGH HIM, TO THE ASSEMBLY, THE EXECUTIVE COMMITTEE, ALL OR SOME OF THE INTERNATIONAL SEARCHING AND PRELIMINARY EXAMINING AUTHORITIES, AND ALL OR SOME OF THE RECEIVING OFFICES.

(6)(A) IN ANY CASE, THE DIRECTOR GENERAL SHALL TRANSMIT TO THE EXECUTIVE COMMITTEE THE TEXTS OF ALL THE ADVICE AND RECOMMENDATIONS OF THE COMMITTEE.  HE MAY COMMENT ON SUCH TEXTS.

(B) THE EXECUTIVE COMMITTEE MAY EXPRESS ITS VIEWS ON ANY ADVICE, RECOMMENDATION, OR OTHER ACTIVITY OF THE COMMITTEE, AND MAY INVITE THE COMMITTEE TO STUDY AND REPORT ON QUESTIONS FALLING WITHIN ITS COMPETENCE.  THE EXECUTIVE COMMITTEE MAY SUBMIT TO THE ASSEMBLY, WITH APPROPRIATE COMMENTS, THE ADVICE, RECOMMENDATIONS AND REPORT OF THE COMMITTEE.

(7) UNTIL THE EXECUTIVE COMMITTEE HAS BEEN ESTABLISHED, REFERENCES IN PARAGRAPH (6) TO THE EXECUTIVE COMMITTEE SHALL BE CONSTRUED AS REFERENCES TO THE ASSEMBLY.

(8) THE DETAILS OF THE PROCEDURE OF THE COMMITTEE SHALL BE GOVERNED BY THE DECISIONS OF THE ASSEMBLY.

ARTICLE 57 FINANCES

(1)(A) THE UNION SHALL HAVE A BUDGET.

(B) THE BUDGET OF THE UNION SHALL INCLUDE THE INCOME AND EXPENSES PROPER TO THE UNION AND ITS CONTRIBUTION TO THE BUDGET OF EXPENSES COMMON TO THE UNIONS ADMINISTERED BY THE ORGANIZATION.

(C) EXPENSES NOT ATTRIBUTABLE EXCLUSIVELY TO THE UNION BUT ALSO TO ONE OR MORE OTHER UNIONS ADMINISTERED BY THE ORGANIZATION SHALL BE CONSIDERED AS EXPENSES COMMON TO THE UNIONS.  THE SHARE OF THE UNION IN SUCH COMMON EXPENSES SHALL BE IN PROPORTION TO THE INTEREST THE UNION HAS IN THEM.

(2) THE BUDGET OF THE UNION SHALL BE ESTABLISHED WITH DUE REGARD TO THE REQUIREMENTS OF COORDINATION WITH THE BUDGETS OF THE OTHER UNIONS ADMINISTERED BY THE ORGANIZATION.

(3) SUBJECT TO THE PROVISIONS OF PARAGRAPH (5), THE BUDGET OF THE UNION SHALL BE FINANCED FROM THE FOLLOWING SOURCES:

(I) FEES AND CHARGES DUE FOR SERVICES RENDERED BY THE INTERNATIONAL BUREAU IN RELATION TO THE UNION;

(II) SALE OF, OR ROYALTIES ON, THE PUBLICATIONS OF THE INTERNATIONAL BUREAU CONCERNING THE UNION;

(III) GIFTS, BEQUESTS, AND SUBVENTIONS;

(IV) RENTS, INTERESTS, AND OTHER MISCELLANEOUS INCOME.

(4) THE AMOUNTS OF FEES AND CHARGES DUE TO THE INTERNATIONAL BUREAU AND THE PRICES OF ITS PUBLICATIONS SHALL BE SO FIXED THAT THEY SHOULD, UNDER NORMAL CIRCUMSTANCES, BE SUFFICIENT TO COVER ALL THE EXPENSES OF THE INTERNATIONAL BUREAU CONNECTED WITH THE ADMINISTRATION OF THIS TREATY.

(5)(A) SHOULD ANY FINANCIAL YEAR CLOSE WITH A DEFICIT, THE CONTRACTING STATES SHALL, SUBJECT TO THE PROVISIONS OF SUBPARAGRAPHS (B) AND (C), PAY CONTRIBUTIONS TO COVER SUCH DEFICIT.

(B) THE AMOUNT OF THE CONTRIBUTION OF EACH CONTRACTING STATE SHALL BE DECIDED BY THE ASSEMBLY WITH DUE REGARD TO THE NUMBER OF INTERNATIONAL APPLICATIONS WHICH HAS EMANATED FROM EACH OF THEM IN THE RELEVANT YEAR.

(C) IF OTHER MEANS OF PROVISIONALLY COVERING ANY DEFICIT OR ANY PART THEREOF ARE SECURED, THE ASSEMBLY MAY DECIDE THAT SUCH DEFICIT BE CARRIED FORWARD AND THAT THE CONTRACTING STATES SHOULD NOT BE ASKED TO PAY CONTRIBUTIONS.

(D) IF THE FINANCIAL SITUATION OF THE UNION SO PERMITS, THE ASSEMBLY MAY DECIDE THAT ANY CONTRIBUTIONS PAID UNDER SUBPARAGRAPH (A) BE REIMBURSED TO THE CONTRACTING STATES WHICH HAVE PAID THEM.

(E) A CONTRACTING STATE WHICH HAS NOT PAID, WITHIN TWO YEARS OF THE DUE DATE AS ESTABLISHED BY THE ASSEMBLY, ITS CONTRIBUTION UNDER SUBPARAGRAPH (B) MAY NOT EXERCISE ITS RIGHT TO VOTE IN ANY OF THE ORGANS OF THE UNION.  HOWEVER, ANY ORGAN OF THE UNION MAY ALLOW SUCH A STATE TO CONTINUE TO EXERCISE ITS RIGHT TO VOTE IN THAT ORGAN SO LONG AS IT IS SATISFIED THAT THE DELAY IN PAYMENT IS DUE TO EXCEPTIONAL AND UNAVOIDABLE CIRCUMSTANCES.

(6) IF THE BUDGET IS NOT ADOPTED BEFORE THE BEGINNING OF A NEW FINANCIAL PERIOD, IT SHALL BE AT THE SAME LEVEL AS THE BUDGET OF THE PREVIOUS YEAR, AS PROVIDED IN THE FINANCIAL REGULATIONS.

(7)(A) THE UNION SHALL HAVE A WORKING CAPITAL FUND WHICH SHALL BE CONSTITUTED BY A SINGLE PAYMENT MADE BY EACH CONTRACTING STATE.  IF THE FUND BECOMES INSUFFICIENT, THE ASSEMBLY SHALL ARRANGE TO INCREASE IT.  IF PART OF THE FUND IS NO LONGER NEEDED, IT SHALL BE REIMBURSED.

(B) THE AMOUNT OF THE INITIAL PAYMENT OF EACH CONTRACTING STATE TO THE SAID FUND OR OF ITS PARTICIPATION IN THE INCREASE THEREOF SHALL BE DECIDED BY THE ASSEMBLY ON THE BASIS OF PRINCIPLES SIMILAR TO THOSE PROVIDED FOR UNDER PARAGRAPH (5)(B).

(C) THE TERMS OF PAYMENT SHALL BE FIXED BY THE ASSEMBLY ON THE PROPOSAL OF THE DIRECTOR GENERAL AND AFTER IT HAS HEARD THE ADVICE OF THE COORDINATION COMMITTEE OF THE ORGANIZATION.

(D) ANY REIMBURSEMENT SHALL BE PROPORTIONATE TO THE AMOUNTS PAID BY EACH CONTRACTING STATE, TAKING INTO ACCOUNT THE DATES AT WHICH THEY WERE PAID.

(8)(A) IN THE HEADQUARTERS AGREEMENT CONCLUDED WITH THE STATE ON THE TERRITORY OF WHICH THE ORGANIZATION HAS ITS HEADQUARTERS, IT SHALL BE PROVIDED THAT, WHENEVER THE WORKING CAPITAL FUND IS INSUFFICIENT, SUCH STATE SHALL GRANT ADVANCES.  THE AMOUNT OF THESE ADVANCES AND THE CONDITIONS ON WHICH THEY ARE GRANTED SHALL BE THE SUBJECT OF SEPARATE AGREEMENTS, IN EACH CASE, BETWEEN SUCH STATE AND THE ORGANIZATION.  AS LONG AS IT REMAINS UNDER THE OBLIGATION TO GRANT ADVANCES, SUCH STATE SHALL HAVE AN EX OFFICIO SEAT IN THE ASSEMBLY AND ON THE EXECUTIVE COMMITTEE.

(B) THE STATE REFERRED TO IN SUBPARAGRAPH (A) AND THE ORGANIZATION SHALL EACH HAVE THE RIGHT TO DENOUNCE THE OBLIGATION TO GRANT ADVANCES, BY WRITTEN NOTIFICATION.  DENUNCIATION SHALL TAKE EFFECT THREE YEARS AFTER THE END OF THE YEAR IN WHICH IT HAS BEEN NOTIFIED.

(9) THE AUDITING OF THE ACCOUNTS SHALL BE EFFECTED BY ONE OR MORE OF THE CONTRACTING STATES OR BY EXTERNAL AUDITORS, AS PROVIDED IN THE FINANCIAL REGULATIONS.  THEY SHALL BE DESIGNATED, WITH THEIR AGREEMENT, BY THE ASSEMBLY.

ARTICLE 58 REGULATIONS

(1) THE REGULATIONS ANNEXED TO THIS TREATY PROVIDE RULES:

(I) CONCERNING MATTERS IN RESPECT OF WHICH THIS TREATY EXPRESSLY REFERS TO THE REGULATIONS OR EXPRESSLY PROVIDES THAT THEY ARE OR SHALL BE PRESCRIBED,

(II) CONCERNING ANY ADMINISTRATIVE REQUIREMENTS, MATTERS, OR PROCEDURES,

(III) CONCERNING ANY DETAILS USEFUL IN THE IMPLEMENTATION OF THE PROVISIONS OF THIS TREATY.

(2)(A) THE ASSEMBLY MAY AMEND THE REGULATIONS.

(B) SUBJECT TO THE PROVISIONS OF PARAGRAPH (3), AMENDMENTS SHALL REQUIRE THREE-FOURTHS OF THE VOTES CAST.

(3)(A) THE REGULATIONS SPECIFY THE RULES WHICH MAY BE AMENDED

(I) ONLY BY UNANIMOUS CONSENT, OR

(II) ONLY IF NONE OF THE CONTRACTING STATES WHOSE NATIONAL OFFICE ACTS AS AN INTERNATIONAL SEARCHING OR PRELIMINARY EXAMINING AUTHORITY DISSENTS, AND, WHERE SUCH AUTHORITY IS AN INTERGOVERNMENTAL ORGANIZATION, IF THE CONTRACTING STATE MEMBER OF THAT ORGANIZATION AUTHORIZED FOR THAT PURPOSE BY THE OTHER MEMBER STATES WITHIN THE COMPETENT BODY OF SUCH ORGANIZATION DOES NOT DISSENT.

(B) EXCLUSION, FOR THE FUTURE, OF ANY SUCH RULES FROM THE APPLICABLE REQUIREMENT SHALL REQUIRE THE FULFILLMENT OF THE CONDITIONS REFERRED TO IN SUBPARAGRAPH (A)(I) OR (A)(II), RESPECTIVELY.

(C) INCLUSION, FOR THE FUTURE, OF ANY RULE IN ONE OR THE OTHER OF THE REQUIREMENTS REFERRED TO 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 THE ATTENTION OF THE OTHER CONTRACTING STATES.

CHAPTER VII REVISION AND AMENDMENT

ARTICLE 60 REVISION OF THE TREATY

(1) THIS TREATY MAY BE REVISED FROM TIME TO TIME BY A SPECIAL CONFERENCE OF THE CONTRACTING STATES.

(2) THE CONVOCATION OF ANY REVISION CONFERENCE SHALL BE DECIDED BY THE ASSEMBLY.

(3) ANY INTERGOVERNMENTAL ORGANIZATION APPOINTED AS INTERNATIONAL SEARCHING OR PRELIMINARY EXAMINING AUTHORITY SHALL BE ADMITTED AS OBSERVER TO ANY REVISION CONFERENCE.

(4) ARTICLES 53(5), (9) AND (11), 54, 55(4) TO (8), 56, AND 57, MAY BE AMENDED EITHER BY A REVISION CONFERENCE OR ACCORDING TO THE PROVISIONS OF ARTICLE 61.

ARTICLE 61 AMENDMENT OF CERTAIN PROVISIONS OF THE TREATY

(1)(A) PROPOSALS FOR THE AMENDMENT OF ARTICLES 53(5), (9) AND (11), 54, 55(4) TO (8), 56, AND 57, MAY BE INITIATED BY ANY STATE MEMBER OF THE ASSEMBLY, BY THE EXECUTIVE COMMITTEE, OR BY THE DIRECTOR GENERAL.

(B) SUCH PROPOSALS SHALL BE COMMUNICATED BY THE DIRECTOR GENERAL TO THE CONTRACTING STATES AT LEAST SIX MONTHS IN ADVANCE OF THEIR CONSIDERATION BY THE ASSEMBLY.

(2)(A) AMENDMENTS TO THE ARTICLES REFERRED TO IN PARAGRAPH (1) SHALL BE ADOPTED BY THE ASSEMBLY.

(B) ADOPTION SHALL REQUIRE THREE-FOURTHS OF THE VOTES CAST.

(3)(A) ANY AMENDMENT TO THE ARTICLES REFERRED TO IN PARAGRAPH (1) SHALL ENTER INTO FORCE ONE MONTH AFTER WRITTEN NOTIFICATIONS OF ACCEPTANCE, EFFECTED IN ACCORDANCE WITH THEIR RESPECTIVE CONSTITUTIONAL PROCESSES, HAVE BEEN RECEIVED BY THE DIRECTOR GENERAL FROM THREE-FOURTHS OF THE STATES MEMBERS OF THE ASSEMBLY AT THE TIME IT ADOPTED THE AMENDMENT.

(B) ANY AMENDMENT TO THE SAID ARTICLES THUS ACCEPTED SHALL BIND ALL THE STATES WHICH ARE MEMBERS OF THE ASSEMBLY AT THE TIME THE AMENDMENT ENTERS INTO FORCE, PROVIDED THAT ANY AMENDMENT INCREASING THE FINANCIAL OBLIGATIONS OF THE CONTRACTING STATES SHALL BIND ONLY THOSE STATES WHICH HAVE NOTIFIED THEIR ACCEPTANCE OF SUCH AMENDMENT.

(C) ANY AMENDMENT ACCEPTED IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH (A) SHALL BIND ALL STATES WHICH BECOME MEMBERS OF THE ASSEMBLY AFTER THE DATE ON WHICH THE AMENDMENT ENTERED INTO FORCE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH (A).

CHAPTER VIII FINAL PROVISIONS

ARTICLE 62 BECOMING PARTY TO THE TREATY

(1) ANY STATE MEMBER OF THE INTERNATIONAL UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY MAY BECOME PARTY TO THIS TREATY BY:

(I) SIGNATURE FOLLOWED BY THE DEPOSIT OF AN INSTRUMENT OF RATIFICATION, OR

(II) DEPOSIT OF AN INSTRUMENT OF ACCESSION.

(2) INSTRUMENTS OF RATIFICATION OR ACCESSION SHALL BE DEPOSITED WITH THE DIRECTOR GENERAL.

(3) THE PROVISIONS OF ARTICLE 24 OF THE STOCKHOLM ACT OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY SHALL APPLY TO THIS TREATY.

(4) PARAGRAPH (3) SHALL IN NO WAY BE UNDERSTOOD AS IMPLYING THE RECOGNITION OR TACIT ACCEPTANCE BY A CONTRACTING STATE OF THE FACTUAL SITUATION CONCERNING A TERRITORY TO WHICH THIS TREATY IS MADE APPLICABLE BY ANOTHER CONTRACTING STATE BY VIRTUE OF THE SAID PARAGRAPH.

ARTICLE 63 ENTRY INTO FORCE OF THE TREATY

(1)(A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (3), THIS TREATY SHALL ENTER INTO FORCE THREE MONTHS AFTER EIGHT STATES HAVE DEPOSITED THEIR INSTRUMENTS OF RATIFICATION OR ACCESSION, PROVIDED THAT AT LEAST FOUR OF THOSE STATES EACH FULFILL ANY OF THE FOLLOWING CONDITIONS:

(I) THE NUMBER OF APPLICATIONS FILED IN THE STATE HAS EXCEEDED 40,000 ACCORDING TO THE MOST RECENT ANNUAL STATISTICS PUBLISHED BY THE INTERNATIONAL BUREAU,

(II) THE NATIONALS OR RESIDENTS OF THE STATE HAVE FILED AT LEAST 1,000 APPLICATIONS 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 APPLICATION DESIGNATING THAT STATE IS NOT EQUATED TO AN ACTUAL FILING IN THAT STATE FOR PRIOR ART PURPOSES.

(B) ANY STATE MAKING A DECLARATION UNDER SUBPARAGRAPH (A) SHALL TO THAT EXTENT NOT BE BOUND BY THE PROVISIONS OF ARTICLE 11(3).

(C) ANY STATE MAKING A DECLARATION UNDER SUBPARAGRAPH (A) SHALL, AT THE SAME TIME, STATE IN WRITING THE DATE FROM WHICH, AND THE CONDITIONS UNDER WHICH, THE PRIOR ART EFFECT OF ANY INTERNATIONAL APPLICATION DESIGNATING THAT STATE BECOMES EFFECTIVE IN THAT STATE.  THIS STATEMENT MAY BE MODIFIED AT ANY TIME BY NOTIFICATION ADDRESSED TO THE DIRECTOR GENERAL.

(5) EACH STATE MAY DECLARE THAT IT DOES NOT CONSIDER ITSELF BOUND BY ARTICLE 59.  WITH REGARD TO ANY DISPUTE BETWEEN ANY CONTRACTING STATE HAVING MADE SUCH A DECLARATION AND ANY OTHER CONTRACTING STATE, THE PROVISIONS OF ARTICLE 59 SHALL NOT APPLY.

(6)(A) ANY DECLARATION MADE UNDER THIS ARTICLE SHALL BE MADE IN WRITING.  IT MAY BE MADE AT THE TIME OF SIGNING THIS TREATY, AT THE TIME OF DEPOSITING THE INSTRUMENT OF RATIFICATION OR ACCESSION, OR, EXCEPT IN THE CASE REFERRED TO IN PARAGRAPH (5), AT ANY LATER TIME BY NOTIFICATION ADDRESSED TO THE DIRECTOR GENERAL.  IN THE CASE OF THE SAID NOTIFICATION, THE DECLARATION SHALL TAKE EFFECT SIX MONTHS AFTER THE DAY ON WHICH THE DIRECTOR GENERAL HAS RECEIVED THE NOTIFICATION, AND SHALL NOT AFFECT INTERNATIONAL APPLICATIONS FILED PRIOR TO THE EXPIRATION OF THE SAID SIX-MONTH PERIOD.

(B) ANY DECLARATION MADE UNDER THIS ARTICLE MAY BE WITHDRAWN AT ANY TIME BY NOTIFICATION ADDRESSED TO THE DIRECTOR GENERAL.  SUCH WITHDRAWAL SHALL TAKE EFFECT THREE MONTHS AFTER THE DAY ON WHICH THE DIRECTOR GENERAL HAS RECEIVED THE NOTIFICATION AND, IN THE CASE OF THE WITHDRAWAL OF A DECLARATION MADE UNDER PARAGRAPH (3), SHALL NOT AFFECT INTERNATIONAL APPLICATIONS FILED PRIOR TO THE EXPIRATION OF THE SAID THREE-MONTH PERIOD.

(7) NO RESERVATIONS TO THIS TREATY OTHER THAN THE RESERVATIONS UNDER PARAGRAPHS (1) TO (5) ARE PERMITTED.

ARTICLE 65 GRADUAL APPLICATION

(1) IF THE AGREEMENT WITH ANY INTERNATIONAL SEARCHING OR PRELIMINARY EXAMINING AUTHORITY PROVIDES, TRANSITIONALLY, FOR LIMITS ON THE NUMBER OR KIND OF INTERNATIONAL APPLICATIONS THAT SUCH AUTHORITY UNDERTAKES TO PROCESS, THE ASSEMBLY SHALL ADOPT THE MEASURES NECESSARY FOR THE GRADUAL APPLICATION OF THIS TREATY AND THE REGULATIONS IN RESPECT OF GIVEN CATEGORIES OF INTERNATIONAL APPLICATIONS.  THIS PROVISION SHALL ALSO APPLY TO REQUESTS FOR AN INTERNATIONAL-TYPE SEARCH UNDER ARTICLE 15(5).

(2) THE ASSEMBLY SHALL FIX THE DATES FROM WHICH, SUBJECT TO THE PROVISION OF PARAGRAPH (1), INTERNATIONAL APPLICATIONS MAY BE FILED AND DEMANDS FOR INTERNATIONAL PRELIMINARY EXAMINATION MAY BE SUBMITTED.  SUCH DATES SHALL NOT BE LATER THAN SIX MONTHS AFTER THIS TREATY HAS ENTERED INTO FORCE ACCORDING TO THE PROVISIONS OF ARTICLE 63(1), OR AFTER CHAPTER II HAS BECOME APPLICABLE UNDER ARTICLE 63(3), RESPECTIVELY.

ARTICLE 66 DENUNCIATION

(1) ANY CONTRACTING STATE MAY DENOUNCE THIS TREATY BY NOTIFICATION ADDRESSED TO THE DIRECTOR GENERAL.

(2) DENUNCIATION SHALL TAKE EFFECT SIX MONTHS AFTER RECEIPT OF THE SAID NOTIFICATION BY THE DIRECTOR GENERAL.  IT SHALL NOT AFFECT THE EFFECTS OF THE INTERNATIONAL APPLICATION IN THE DENOUNCING STATE IF THE INTERNATIONAL APPLICATION WAS FILED, AND, WHERE THE DENOUNCING STATE HAS BEEN ELECTED, THE ELECTION WAS MADE, PRIOR TO THE EXPIRATION OF THE SAID SIX-MONTH PERIOD.

ARTICLE 67 SIGNATURE AND LANGUAGES

(1)(A) THIS TREATY SHALL BE SIGNED IN A SINGLE ORIGINAL IN THE ENGLISH AND FRENCH LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC.

(B) OFFICIAL TEXTS SHALL BE ESTABLISHED BY THE DIRECTOR GENERAL, AFTER CONSULTATION WITH THE INTERESTED GOVERNMENTS, IN THE GERMAN, JAPANESE, PORTUGUESE, RUSSIAN AND SPANISH LANGUAGES, AND SUCH OTHER LANGUAGES AS THE ASSEMBLY MAY DESIGNATE.

(2) THIS TREATY SHALL REMAIN OPEN FOR SIGNATURE AT WASHINGTON UNTIL DECEMBER 31, 1970.

ARTICLE 68 DEPOSITARY FUNCTIONS

(1) THE ORIGINAL OF THIS TREATY, WHEN NO LONGER OPEN FOR SIGNATURE, SHALL BE DEPOSITED WITH THE DIRECTOR GENERAL.

(2) THE DIRECTOR GENERAL SHALL TRANSMIT TWO COPIES, CERTIFIED BY HIM, OF THIS TREATY AND THE REGULATIONS ANNEXED HERETO TO THE GOVERNMENTS OF ALL STATES PARTY TO THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY AND, ON REQUEST, TO THE GOVERNMENT OF ANY OTHER STATE.

(3) THE DIRECTOR GENERAL SHALL REGISTER THIS TREATY WITH THE SECRETARIAT OF THE UNITED NATIONS.

(4) THE DIRECTOR GENERAL SHALL TRANSMIT TWO COPIES, CERTIFIED BY HIM, OF ANY AMENDMENT TO THIS TREATY AND THE REGULATIONS TO THE GOVERNMENTS OF ALL CONTRACTING STATES AND, ON REQUEST, TO THE GOVERNMENT OF ANY OTHER STATE.

ARTICLE 69 NOTIFICATIONS

THE DIRECTOR GENERAL SHALL NOTIFY THE GOVERNMENTS OF ALL STATES PARTY TO THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY OF:

(I) SIGNATURES UNDER ARTICLE 62,

(II) DEPOSITS OF INSTRUMENTS OF RATIFICATION OR ACCESSION UNDER ARTICLE 62,

(III) THE DATE OF ENTRY INTO FORCE OF THIS TREATY AND THE DATE FROM WHICH CHAPTER II IS APPLICABLE IN ACCORDANCE WITH ARTICLE 63(3),

(IV) ANY DECLARATIONS MADE UNDER ARTICLE 64(1) TO (5),

(V) WITHDRAWALS OF ANY DECLARATIONS MADE UNDER ARTICLE 64(6)(B),

(VI) DENUNCIATIONS RECEIVED UNDER ARTICLE 66, AND

(VII) ANY DECLARATIONS MADE UNDER ARTICLE 31(4).

IN WITNESS WHEREOF, THE UNDERSIGNED, BEING DULY AUTHORIZED THERETO, HAVE SIGNED THIS TREATY.

DONE AT WASHINGTON, ON JUNE 19, 1970.

REGULATIONS UNDER THE PATENT COOPERATION TREATY

PART A INTRODUCTORY RULES

RULE 1 ABBREVIATED EXPRESSIONS

1.1 MEANING OF ABBREVIATED EXPRESSIONS

(A) IN THESE REGULATIONS, THE WORD "TREATY" MEANS THE PATENT COOPERATION TREATY.

(B) IN THESE REGULATIONS, THE WORDS "CHAPTER" AND "ARTICLE" REFER TO THE SPECIFIED CHAPTER OR ARTICLE OF THE TREATY.

RULE 2 INTERPRETATION OF CERTAIN WORDS

2.1 "APPLICANT"

WHENEVER THE WORD "APPLICANT" IS USED, IT SHALL BE CONSTRUED AS MEANING ALSO THE AGENT OR OTHER 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), A PRIORITY DOCUMENT, A RECEIPT FOR THE FEES PAID OR A CHECK FOR THE PAYMENT OF THE FEES, AN INTERNATIONAL OR AN INTERNATIONAL-TYPE SEARCH REPORT, A DOCUMENT IN EVIDENCE OF THE FACT THAT THE APPLICANT IS THE SUCCESSOR IN TITLE OF THE INVENTOR, AND ANY OTHER DOCUMENT (TO BE SPECIFIED IN THE CHECK LIST);

(III) THE NUMBER OF THAT FIGURE OF THE DRAWINGS WHICH THE APPLICANT SUGGESTS SHOULD ACCOMPANY THE ABSTRACT WHEN THE ABSTRACT IS PUBLISHED ON THE FRONT PAGE OF THE PAMPHLET AND IN THE GAZETTE; IN EXCEPTIONAL CASES, THE APPLICANT MAY SUGGEST MORE THAN ONE FIGURE.

(B) THE LIST SHALL BE FILLED IN BY THE APPLICANT, FAILING WHICH THE RECEIVING OFFICE SHALL FILL IT IN AND MAKE THE NECESSARY ANNOTATIONS, EXCEPT THAT THE NUMBER REFERRED TO IN PARAGRAPH (A)(III) SHALL NOT BE FILLED IN BY THE RECEIVING OFFICE.

3.4 PARTICULARS

SUBJECT TO RULE 3.3, PARTICULARS OF THE PRINTED FORM SHALL BE PRESCRIBED BY THE ADMINISTRATIVE INSTRUCTIONS.

RULE 4 THE REQUEST (CONTENTS)

4.1 MANDATORY AND OPTIONAL CONTENTS; SIGNATURE

(A) THE REQUEST SHALL CONTAIN:

(I) A PETITION,

(II) THE TITLE OF THE INVENTION,

(III) INDICATIONS CONCERNING THE APPLICANT AND THE AGENT, IF THERE IS AN AGENT,

(IV) THE DESIGNATION OF STATES,

(V) INDICATIONS CONCERNING THE INVENTOR WHERE THE NATIONAL LAW OF AT LEAST ONE OF THE DESIGNATED STATES REQUIRES THAT THE NAME OF THE INVENTOR BE FURNISHED AT THE TIME OF FILING A NATIONAL APPLICATION.

(B) THE REQUEST SHALL, WHERE APPLICABLE, CONTAIN:

(I) A PRIORITY CLAIM,

(II) A REFERENCE TO ANY EARLIER INTERNATIONAL SEARCH OR TO ANY EARLIER INTERNATIONAL-TYPE SEARCH,

(III) CHOICES OF CERTAIN KINDS OF PROTECTION,

(IV) AN INDICATION THAT THE APPLICANT WISHES TO OBTAIN A REGIONAL PATENT AND THE NAMES OF THE DESIGNATED STATES FOR WHICH HE WISHES TO OBTAIN SUCH A PATENT,

(V) A REFERENCE TO A PARENT APPLICATION OR PARENT PATENT.

(C) THE REQUEST MAY CONTAIN INDICATIONS CONCERNING THE INVENTOR WHERE THE NATIONAL LAW OF NONE OF THE DESIGNATED STATES REQUIRES THAT THE NAME OF THE INVENTOR BE FURNISHED AT THE TIME OF FILING A NATIONAL APPLICATION.

(D) THE REQUEST SHALL BE SIGNED.

4.2 THE PETITION

THE PETITION SHALL BE TO THE FOLLOWING EFFECT AND SHALL PREFERABLY BE WORDED AS FOLLOWS: "THE UNDERSIGNED REQUESTS THAT THE PRESENT INTERNATIONAL APPLICATION BE PROCESSED ACCORDING TO THE PATENT COOPERATION TREATY."

4.3 TITLE OF THE INVENTION

THE TITLE OF THE INVENTION SHALL BE SHORT (PREFERABLY FROM TWO TO SEVEN WORDS WHEN IN ENGLISH OR TRANSLATED INTO ENGLISH) AND PRECISE.

4.4 NAMES AND ADDRESSES

(A) NAMES OF NATURAL PERSONS SHALL BE INDICATED BY THE PERSON'S FAMILY NAME AND GIVEN NAME(S), THE FAMILY NAME BEING INDICATED BEFORE THE GIVEN NAME(S).

(B) NAMES OF LEGAL ENTITIES SHALL BE INDICATED BY THEIR FULL, OFFICIAL DESIGNATIONS.

(C) ADDRESSES SHALL BE INDICATED IN SUCH A WAY AS TO SATISFY THE CUSTOMARY REQUIREMENTS FOR PROMPT POSTAL DELIVERY AT THE INDICATED ADDRESS AND, IN ANY CASE, SHALL CONSIST OF ALL THE RELEVANT ADMINISTRATIVE UNITS UP TO, AND INCLUDING, THE HOUSE NUMBER, IF ANY.  WHERE THE NATIONAL LAW OF THE DESIGNATED STATE DOES NOT REQUIRE THE INDICATION OF THE HOUSE NUMBER, FAILURE TO INDICATE SUCH NUMBER SHALL HAVE NO EFFECT IN THAT STATE.  IT IS RECOMMENDED TO INDICATE ANY TELEGRAPHIC AND TELETYPE ADDRESS AND TELEPHONE NUMBER.

(D) FOR EACH APPLICANT, INVENTOR, OR AGENT, ONLY ONE ADDRESS MAY BE INDICATED.

4.5 THE APPLICANT

(A) THE REQUEST SHALL INDICATE THE NAME, ADDRESS, NATIONALITY AND RESIDENCE OF THE APPLICANT OR, IF THERE ARE SEVERAL APPLICANTS, OF EACH OF THEM.

(B) THE APPLICANT'S NATIONALITY SHALL BE INDICATED BY THE NAME OF THE STATE OF WHICH HE IS A NATIONAL.

(C) THE APPLICANT'S RESIDENCE SHALL BE INDICATED BY THE NAME OF THE STATE OF WHICH HE IS A RESIDENT.

4.6 THE INVENTOR

(A) WHERE RULE 4.1(A)(V) APPLIES, THE REQUEST SHALL INDICATE THE NAME AND ADDRESS OF THE INVENTOR OR, IF THERE ARE SEVERAL INVENTORS, OF EACH OF THEM.

(B) IF THE APPLICANT IS THE INVENTOR, THE REQUEST, IN LIEU OF THE INDICATION UNDER PARAGRAPH (A), SHALL CONTAIN A STATEMENT TO THAT EFFECT OR SHALL REPEAT THE APPIICANT'S NAME IN THE SPACE RESERVED FOR INDICATING THE INVENTOR.

(C) THE REQUEST MAY, FOR DIFFERENT DESIGNATED STATES, INDICATE DIFFERENT PERSONS AS INVENTORS WHERE, IN THIS RESPECT, THE REQUIREMENTS OF THE NATIONAL LAWS OF THE DESIGNATED STATES ARE NOT THE SAME.  IN SUCH A CASE, THE REQUEST SHALL CONTAIN A SEPARATE STATEMENT FOR EACH DESIGNATED STATE OR GROUP OF STATES IN WHICH A PARTICULAR PERSON, OR THE SAME PERSON, IS TO BE CONSIDERED THE INVENTOR, OR IN WHICH PARTICULAR PERSONS, OR THE SAME PERSONS, ARE TO BE CONSIDERED THE INVENTORS.

4.7 THE AGENT

IF AGENTS ARE DESIGNATED, THE REQUEST SHALL SO INDICATE, AND SHALL STATE THEIR NAMES AND ADDRESSES.

4.8 REPRESENTATION OF SEVERAL APPLICANTS NOT HAVING A COMMON AGENT

(A) IF THERE IS MORE THAN ONE APPLICANT AND THE REQUEST DOES NOT REFER TO AN AGENT REPRESENTING ALL THE APPLICANTS ("A COMMON AGENT"), THE REQUEST SHALL DESIGNATE ONE OF THE APPLICANTS WHO IS ENTITLED TO FILE AN INTERNATIONAL APPLICATION ACCORDING TO ARTICLE 9 AS THEIR COMMON REPRESENTATIVE.

(B) IF THERE IS MORE THAN ONE APPLICANT AND THE REQUEST DOES NOT REFER TO AN AGENT REPRESENTING ALL THE APPLICANTS AND IT DOES NOT COMPLY WITH THE REQUIREMENT OF DESIGNATING ONE OF THE APPLICANTS AS PROVIDED IN PARAGRAPH (A), THE APPLICANT FIRST NAMED IN THE REQUEST WHO IS ENTITLED TO FILE AN INTERNATIONAL APPLICATION ACCORDING TO ARTICLE 9 SHALL BE CONSIDERED THE COMMON REPRESENTATIVE.

4.9 DESIGNATION OF STATES

CONTRACTING STATES SHALL BE DESIGNATED IN THE REQUEST BY THEIR NAMES.

4.10 PRIORITY CLAIM

(A) THE DECLARATION REFERRED TO IN ARTICLE 8(1) SHALL BE MADE IN THE REQUEST; IT SHALL CONSIST OF A STATEMENT TO THE EFFECT THAT THE PRIORITY OF AN EARLIER APPLICATION IS CLAIMED AND SHALL INDICATE:

(I) WHEN THE EARLIER APPLICATION IS NOT A REGIONAL OR AN INTERNATIONAL APPLICATION, THE COUNTRY IN WHICH IT WAS FILED; WHEN THE EARLIER APPLICATION IS A REGIONAL OR AN INTERNATIONAL APPLICATION, THE COUNTRY OR COUNTRIES FOR WHICH IT WAS FILED,

(II) THE DATE ON WHICH IT WAS FILED,

(III) THE NUMBER UNDER WHICH IT WAS FILED, AND

(IV) WHEN THE EARLIER APPLICATION IS A REGIONAL OR AN INTERNATIONAL APPLICATION, THE NATIONAL OFFICE OR INTERGOVERNMENTAL ORGANIZATION WITH WHICH IT WAS FILED.

(B) IF THE REQUEST DOES NOT INDICATE BOTH

(I) WHEN THE EARLIER APPLICATION IS NOT A REGIONAL OR AN INTERNATIONAL APPLICATION, THE COUNTRY IN WHICH IT WAS FILED; WHEN THE EARLIER APPLICATION IS A REGIONAL OR AN INTERNATIONAL APPLICATION, AT LEAST ONE COUNTRY FOR WHICH IT WAS FILED, AND

(II) THE DATE ON WHICH IT WAS FILED,

THE PRIORITY CLAIM SHALL, FOR THE PURPOSES OF THE PROCEDURE UNDER THE TREATY, BE CONSIDERED NOT TO HAVE BEEN MADE.

(C) IF THE APPLICATION NUMBER OF THE EARLIER APPLICATION IS NOT INDICATED IN THE REQUEST BUT IS FURNISHED BY THE APPLICANT TO THE INTERNATIONAL BUREAU PRIOR TO THE EXPIRATION OF THE 16TH MONTH FROM THE PRIORITY DATE, IT SHALL BE CONSIDERED BY ALL DESIGNATED STATES TO HAVE BEEN FURNISHED IN TIME.  IF IT IS FURNISHED AFTER THE EXPIRATION OF THAT TIME LIMIT, THE INTERNATIONAL BUREAU SHALL INFORM THE APPLICANT AND THE DESIGNATED OFFICES OF THE DATE ON WHICH THE SAID NUMBER WAS FURNISHED TO IT.  THE INTERNATIONAL BUREAU SHALL INDICATE THAT DATE IN THE INTERNATIONAL PUBLICATION OF THE INTERNATIONAL APPLICATION, OR, IF, AT THE TIME OF THE INTERNATIONAL PUBLICATION, THE SAID NUMBER HAS NOT BEEN FURNISHED TO IT, SHALL INDICATE THAT FACT IN THE INTERNATIONAL PUBLICATION.

(D) IF THE FILING DATE OF THE EARLIER APPLICATION AS INDICATED IN THE REQUEST PRECEDES THE INTERNATIONAL FILING DATE BY MORE THAN ONE YEAR, THE RECEIVING OFFICE, OR, IF THE RECEIVING OFFICE HAS FAILED TO DO SO, THE INTERNATIONAL BUREAU, SHALL INVITE THE APPLICANT TO ASK EITHER FOR THE CANCELLATION OF THE DECLARATION MADE UNDER ARTICLE 8(1) OR, IF THE DATE OF THE EARLIER APPLICATION WAS INDICATED ERRONEOUSLY, FOR THE CORRECTION OF THE DATE SO INDICATED.  IF THE APPLICANT FAILS TO ACT ACCORDINGLY WITHIN 1 MONTH FROM THE DATE OF THE INVITATION, THE DECLARATION MADE UNDER ARTICLE 8(1) SHALL BE CANCELLED EX OFFICIO.  THE RECEIVING OFFICE EFFECTING THE CORRECTION OR CANCELLATION SHALL NOTIFY THE APPLICANT ACCORDINGLY AND, IF COPIES OF THE INTERNATIONAL APPLICATION HAVE ALREADY BEEN SENT TO THE INTERNATIONAL BUREAU AND THE INTERNATIONAL SEARCHING AUTHORITY, THAT BUREAU AND THAT AUTHORITY.  IF THE CORRECTION OR CANCELLATION IS EFFECTED BY THE INTERNATIONAL BUREAU, THE LATTER SHALL NOTIFY THE APPLICANT AND THE INTERNATIONAL SEARCHING AUTHORITY ACCORDINGLY.

(E) WHERE THE PRIORITIES OF SEVERAL EARLIER APPLICATIONS ARE CLAIMED, THE PROVISIONS OF PARAGRAPHS (A) TO (D) SHALL APPLY TO EACH OF THEM.

4.11 REFERENCE TO EARLIER INTERNATIONAL OR INTERNATIONAL-TYPE SEARCH

IF AN INTERNATIONAL OR INTERNATIONAL-TYPE SEARCH HAS BEEN REQUESTED ON AN APPLICATION UNDER ARTICLE 15(5), THE REQUEST MAY STATE THAT FACT AND IDENTIFY THE APPLICATION (OR ITS TRANSLATION, AS THE CASE MAY BE) BY COUNTRY, DATE AND NUMBER, AND THE REQUEST FOR THE SAID SEARCH BY DATE AND, IF AVAILABLE, NUMBER.

4.12 CHOICE OF CERTAIN KINDS OF PROTECTION

(A) IF THE APPLICANT WISHES HIS INTERNATIONAL APPLICATION TO BE TREATED, IN ANY DESIGNATED STATE, AS AN APPLICATION NOT FOR A PATENT BUT FOR THE GRANT OF ANY OF THE OTHER KINDS OF PROTECTION SPECIFICD IN ARTICLE 43, HE SHALL SO INDICATE IN THE REQUEST.  FOR THE PURPOSES OF THIS PARAGRAPH, ARTICLE 2(II) SHALL NOT APPLY.

(B) IN THE CASE PROVIDED FOR IN ARTICLE 44, THE APPLICANT SHALL INDICATE THE TWO KINDS OF PROTECTION SOUGHT, OR, IF ONE OF TWO KINDS OF PROTECTION IS PRIMARILY SOUGHT, HE SHALL INDICATE WHICH KIND IS SOUGHT PRIMARILY AND WHICH KIND IS SOUGHT SUBSIDIARILY.

4.13 IDENTIFICATION OF PARENT APPLICATION OR PARENT GRANT

IF THE APPLICANT WISHES HIS INTERNATIONAL APPLICATION TO BE TREATED, IN ANY DESIGNATED STATE, AS AN APPLICATION FOR A PATENT OR CERTIFICATE OF ADDITION, INVENTOR'S CERTIFICATE OF ADDITION, OR UTILITY CERTIFICATE OF ADDITION, HE SHALL IDENTIFY THE PARENT APPLICATION OR THE PARENT PATENT, PARENT INVENTOR'S CERTIFICATE, OR PARENT UTILITY CERTIFICATE TO WHICH THE PATENT OR CERTIFICATE OF ADDITION, INVENTOR'S CERTIFICATE OF ADDITION, OR UTILITY CERTIFICATE OF ADDITION, IF GRANTED, RELATCS.  FOR THE PURPOSES OF THIS PARAGRAPH, ARTICLE 2(II) SHALL NOT APPLY.

4.14 CONTINUATION OR CONTINUATION IN PART

IF THE APPLICANT WISHES HIS INTERNATIONAL APPLICATION TO BE TREATED, IN ANY DESIGNATED STATE, AS AN APPLICATION FOR A CONTINUATION OR A CONTINUATION-IN-PART OF AN EARLIER APPLICATION, HE SHALL SO INDICATE IN THE REQUEST AND SHALL IDENTIFY THE PARENT APPLICATION INVOLVED.

4.15 SIGNATURE

THE REQUEST SHALL BE SIGNED BY THE APPLICANT.

4.16 TRANSLITERATION OR TRANSLATION OF CERTAIN WORDS

(A) WHERE ANY NAME OR ADDRESS IS WRITTEN IN CHARACTERS OTHER THAN THOSE OF THE LATIN ALPHABET, THE SAME SHALL ALSO BE INDICATED IN CHARACTERS OF THE LATIN ALPHABET EITHER AS A MERE TRANSLITERATION OR THROUGH TRANSLATION INTO ENGLISH.  THE APPLICANT SHALL DECIDE WHICH WORDS WILL BE MERELY TRANSLITERATED AND WHICH WORDS WILL BE SO TRANSLATED.

(B) THE NAME OF ANY COUNTRY WRITTEN IN CHARACTERS OTHER THAN THOSE OF THE LATIN ALPHABET SHALL ALSO BE INDICATED IN ENGLISH.

4.17 NO ADDITIONAL MATTER

(A) THE REQUEST SHALL CONTAIN NO MATTER OTHER THAN THAT SPECIFIED IN RULES 4.1 TO 4.16.

(B) IF THE REQUEST CONTAINS MATTER OTHER THAN THAT SPECIFIED IN RULES 4.1 TO 4.16, THE RECEIVING OFFICE SHALL EX OFFICIO DELETE THE ADDITIONAL MATTER.

RULE 5 THE DESCRIPTION

5.1 MANNER OF THE DESCRIPTION

(A) THE DESCRIPTION SHALL FIRST STATE THE TITLE OF THE INVENTION AS APPEARING IN THE REQUEST AND SHALL:

(I) SPECIFY THE TECHNICAL FIELD TO WHICH THE INVENTION RELATES;

(II) INDICATE THE BACKGROUND ART WHICH, AS FAR AS KNOWN TO THE APPLICANT, CAN BE REGARDED AS USEFUL FOR THE UNDERSTANDING, SEARCHING AND EXAMINATION OF THE INVENTION, AND, PREFERABLY, CITE THE DOCUMENTS REFLECTING SUCH ART;

(III) DISCLOSE THE INVENTION, AS CLAIMED, IN SUCH TERMS THAT THE TECHNICAL PROBLEM (EVEN IF NOT EXPRESSLY STATED AS SUCH) AND ITS SOLUTION CAN BE UNDERSTOOD, AND STATE THE ADVANTAGEOUS EFFECTS, IF ANY, OF THE INVENTION WITH REFERENCE TO THE BACKGROUND ART;

(IV) BRIEFLY DESCRIBE THE FIGURES IN THE DRAWINGS, IF ANY;

(V) SET FORTH AT LEAST THE BEST MODE CONTEMPLATED BY THE APPLICANT FOR CARRYING OUT THE INVENTION CLAIMED; THIS SHALL BE DONE IN TERMS OF EXAMPLES, WHERE APPROPRIATE, AND WITH REFERENCE TO THE DRAWINGS, IF ANY; WHERE THE NATIONAL LAW OF THE DESIGNATED STATE DOES NOT REQUIRE THE DESCRIPTION OF THE BEST MODE BUT IS SATISFIED WITH THE DESCRIPTION OF ANY MODE (WHETHER IT IS THE BEST CONTEMPLATED OR NOT), FAILURE TO DESCRIBE THE BEST MODE CONTEMPLATED SHALL HAVE NO EFFECT IN THAT STATE;

(VI) INDICATE EXPLICITLY, WHEN IT IS NOT OBVIOUS FROM THE DESCRIPTION OR NATURE OF THE INVENTION, THE WAY IN WHICH THE INVENTION IS CAPABLE OF EXPLOITATION IN INDUSTRY AND THE WAY IN WHICH IT CAN BE MADE AND USED, OR, IF IT CAN ONLY BE USED, THE WAY IN WHICH IT CAN BE USED; THE TERM "INDUSTRY" IS TO BE UNDERSTOOD IN ITS BROADEST SENSE AS IN THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

(B) THE MANNER AND ORDER SPECIFIED IN PARAGRAPH (A) SHALL BE FOLLOWED EXCEPT WHEN, BECAUSE OF THE NATURE OF THE INVENTION, A DIFFERENT MANNER OR A DIFFERENT ORDER WOULD RESULT IN A BETTER UNDERSTANDING AND A MORE ECONOMIC PRESENTATION.

(C) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B), EACH OF THE PARTS REFERRED TO IN PARAGRAPH (A) SHALL PREFERABLY BE PRECEDED BY AN APPROPRIATE HEADING AS SUGGESTED IN THE ADMINISTRATIVE INSTRUCTIONS.

RULE 6 THE CLAIMS

6.1 NUMBER AND NUMBERING OF CLAIMS

(A) THE NUMBER OF THE CLAIMS SHALL BE REASONABLE IN CONSIDERATION OF THE NATURE OF THE INVENTION CLAIMED.

(B) IF THERE ARE SEVERAL CLAIMS, THEY SHALL BE NUMBERED CONSECUTIVELY IN ARABIC NUMERALS.

(C) THE METHOD OF NUMBERING IN THE CASE OF THE AMENDMENT OF CLAIMS SHALL BE GOVERNED BY THE ADMINISTRATIVE INSTRUCTIONS.

6.2 REFERENCES TO OTHER PARTS OF THE INTERNATIONAL APPLICATION

(A) CLAIMS SHALL NOT, EXCEPT WHERE ABSOLUTELY NECESSARY, RELY, IN RESPECT OF THE TECHNICAL FEATURES OF THE INVENTION, ON REFERENCES TO THE DESCRIPTION OR DRAWINGS.  IN PARTICULAR, THEY SHALL NOT RELY ON SUCH REFERENCES AS: "AS DESCRIBED IN PART ... OF THE DESCRIPTION," OR "AS ILLUSTRATED IN FIGURE ... OF THE DRAWINGS."

(B) WHERE THE INTERNATIONAL APPLICATION CONTAINS DRAWINGS, THE TECHNICAL FEATURES MENTIONED IN THE CLAIMS SHALL PREFERABLY BE FOLLOWED BY THE REFERENCE SIGNS RELATING TO SUCH FEATURES.  WHEN USED, THE REFERENCE SIGNS SHALL PREFERABLY BE PLACED BETWEEN PARENTHESES.  IF INCLUSION OF REFERENCE SIGNS DOES NOT PARTICULARLY FACILITATE QUICKER UNDERSTANDING OF A CLAIM, IT SHOULD NOT BE MADE.  REFERENCE SIGNS MAY BE REMOVED BY A DESIGNATED OFFICE FOR THE PURPOSES OF PUBLICATION BY SUCH OFFICE.

6.3 MANNER OF CLAIMING

(A) THE DEFINITION OF THE MATTER FOR WHICH PROTECTION IS SOUGHT SHALL BE IN TERMS OF THE TECHNICAL FEATURES OF THE INVENTION.

(B) WHENEVER APPROPRIATE, CLAIMS SHALL CONTAIN:

(I) A STATEMENT INDICATING THOSE TECHNICAL FEATURES OF THE INVENTION WHICH ARE NECESSARY FOR THE DEFINITION OF THE CLAIMED SUBJECT MATTER BUT WHICH, IN COMBINATION, ARE PART OF THE PRIOR ART,

(II) A CHARACTERIZING PORTION - PRECEDED BY THE WORDS "CHARACTERIZED IN THAT," "CHARACTERIZED BY," "WHEREIN THE IMPROVEMENT COMPRISES," OR ANY OTHER WORDS TO THE SAME EFFECT - STATING CONCISELY THE TECHNICAL FEATURES WHICH, IN COMBINATION WITH THE FEATURES STATED UNDER (I), IT IS DESIRED TO PROTECT.

(C) WHERE THE NATIONAL LAW OF THE DESIGNATED STATE DOES NOT REQUIRE THE MANNER OF CLAIMING PROVIDED FOR IN PARAGRAPH (B), FAILURE TO USE THAT MANNER OF CLAIMING SHALL HAVE NO EFFECT IN THAT STATE PROVIDED THE MANNER OF CLAIMING ACTUALLY USED SATISFIES THE NATIONAL LAW OF THAT STATE.

6.4 DEPENDENT CLAIMS

(A) ANY CLAIM WHICH INCLUDES ALL THE FEATURES OF ONE OR MORE OTHER CLAIMS (CLAIM IN DEPENDENT FORM, HEREINAFTER REFERRED TO AS "DEPENDENT CLAIM") SHALL DO SO BY A REFERENCE, IF POSSIBLE AT THE BEGINNING, TO THE OTHER CLAIM OR CLAIMS AND SHALL THEN STATE THE ADDITIONAL FEATURCS CLAIMED.  ANY DEPENDENT CLAIM WHICH REFERS TO MORE THAN ONE OTHER CLAIM ("MULTIPLE DEPENDENT CLAIM") SHALL REFER TO SUCH CLAIMS IN THE ALTERNATIVE ONLY.  MULTIPLE DEPENDENT CLAIMS SHALL NOT SERVE AS A BASIS FOR ANY OTHER MULTIPLE DEPENDENT CLAIM.

(B) ANY DEPENDENT CLAIM SHALL BE CONSTRUED AS INCLUDING ALL THE LIMITATIONS CONTAINED IN THE CLAIM TO WHICH IT REFERS OR, IF THE DEPENDENT CLAIM IS A MULTIPLE DEPENDENT CLAIM, ALL THE LIMITATIONS CONTAINED IN THE PARTICUIAR CLAIM IN RELATION TO WHICH IT IS CONSIDERED.

(C) ALL DEPENDENT CLAIMS REFERRING BACK TO A SINGLE PREVIOUS CLAIM, AND ALL DEPENDENT CLAIMS REFERRING BACK TO SEVERAL PREVIOUS CLAIMS, SHALL BE GROUPED TOGETHER TO THE EXTENT AND IN THE MOST PRACTICAL WAY POSSIBLE.

6.5 UTILITY MODELS

ANY DESIGNATED STATE IN WHICH THE GRANT OF A UTILITY MODEL IS SOUGHT ON THE BASIS OF AN INTERNATIONAL APPLICATION MAY, INSTEAD OF RULES 6.1 TO 6.4, APPLY IN RESPECT OF THE MATTERS REGULATED IN THOSE RULES THE PROVISIONS OF ITS NATIONAL LAW CONCERNING UTILITY MODELS ONCE THE PROCESSING OF THE INTERNATIONAL APPLICATION HAS STARTED IN THAT STATE, PROVIDED THAT THE APPLICANT SHALL BE ALLOWED AT LEAST 2 MONTHS FROM THE EXPIRATION OF THE TIME LIMIT APPLICABLE UNDER ARTICLE 22 TO ADAPT HIS APPLICATION TO THE REQUIREMENTS OF THE SAID PROVISIONS OF THE NATIONAL LAW.

RULE 7 THE DRAWINGS

7.1 FLOW SHEETS AND DIAGRAMS

FLOW SHEETS AND DIAGRAMS ARE CONSIDERED DRAWINGS.

7.2 TIME LIMIT

THE TIME LIMIT REFERRED TO IN ARTICLE 7(2)(II) SHLL BE REASONABLE UNDER THE CIRCUMSTANCES OF THE CASE AND SHALL, IN NO CASE, BE SHORTER THAN 2 MONTHS FROM THE DATE OF THE WRITTEN INVITATION REQUIRING THE FILING OF DRAWINGS OR ADDITIONAL DRAWINGS UNDER THE SAID PROVISION.

RULE 8 THE ABSTRACT

8.1 CONTENTS AND FORM OF THE ABSTRACT

(A) THE ABSTRACT SHALL CONSIST OF THE FOLLOWING:

(I) A SUMMARY OF THE DISCLOSURE AS CONTAINED IN THE DESCRIPTION, THE CLAIMS, AND ANY DRAWINGS; THE SUMMARY SHALL INDICATE THE TECHNICAL FIELD TO WHICH THE INVENTION PERTAINS AND SHALL BE DRAFTED IN A WAY WHICH ALLOWS THE CLEAR UNDERSTANDING OF THE TECHNICAL PROBLEM, THE GIST OF THE SOLUTION OF THAT PROBLEM THROUGH THE INVENTION, AND THE PRINCIPAL USE OR USES OF THE INVENTION;

(II) WHERE APPLICABLE, THE CHEMICAL FORMULA WHICH, AMONG ALL THE FORMULAE CONTAINED IN THE INTERNATIONAL APPLICATION, BEST CHARACTERIZES THE INVENTION.

(B) THE ABSTRACT SHALL BE AS CONCISE AS THE DISCLOSURE PERMITS (PREFERABLY 50 TO 150 WORDS IF IT IS IN ENGLISH OR WHEN TRANSLATED INTO ENGLISH).

(C) THE ABSTRACT SHALL NOT CONTAIN STATEMENTS ON THE ALLEGED MERITS OR VALUE OF THE CLAIMED INVENTION OR ON ITS SPECULATIVE APPLICATION.

(D) EACH MAIN TECHNICAL FEATURE MENTIONED IN THE ABSTRACT AND ILLUSTRATED BY A DRAWING IN THE INTERNATIONAL APPLICATION SHALL BE FOLLOWED BY A REFERENCE SIGN, PLACED BETWEEN PARENTHESES.

8.2 FAILURE TO SUGGEST A FIGURE TO BE PUBLISHED WITH THE ABSTRACT

IF THE APPLICANT FAILS TO MAKE THE INDICATION REFERRED TO IN RULE 3.3(A)(III), OR IF THE INTERNATIONAL SEARCHING AUTHORITY FINDS THAT A FIGURE OR FIGURES OTHER THAN THAT FIGURE OR THOSE FIGURES SUGGESTED BY THE APPLICANT WOULD AMONG ALL THE FIGURES OF ALL THE DRAWINGS, BETTER CHARACTERIZE THE INVENTION, IT SHALL INDICATE THE FIGURE OR FIGURES WHICH IT SO CONSIDERS.  PUBLICATIONS BY THE INTERNATIONAL BUREAU SHALL THEN USE THE FIGURE OR FIGURES SO INDICATED BY THE INTERNATIONAL SEARCHING AUTHORITY.  OTHERWISE THE FIGURE OR FIGURES SUGGESTED BY THE APPLICANT SHALL BE USED IN THE SAID PUBLICATIONS.

8.3 GUIDING PRINCIPLES IN DRAFTING

THE ABSTRACT SHALL BE SO DRAFTED THAT IT CAN EFFICIENTLY SERVE AS A SCANNING TOOL FOR PURPOSES OF SEARCHING IN THE PARTICULAR ART, ESPECIALLY BY ASSISTING THE SCIENTIST, ENGINEER OR RESEARCHER IN FORMULATING AN OPINION ON WHETHER THERE IS A NEED FOR CONSULTING THE INTERNATIONAL APPLICATION ITSELF.

RULE 9 EXPRESSIONS, ETC., NOT TO BE USED

9.1 DEFINITION

THE INTERNATIONAL APPLICATION SHALL NOT CONTAIN:

(I) EXPRESSIONS OR DRAWINGS CONTRARY TO MORALITY;

(II) EXPRESSIONS OR DRAWINGS CONTRARY TO PUBLIC ORDER;

(III) STATEMENTS DISPARAGING THE PRODUCTS OR PROCESSES OF ANY PARTICULAR PERSON OTHER THAN THE APPLICANT, OR THE MERITS OR VALIDITY OF APPLICATIONS OR PATENTS OF ANY SUCH PERSON (MERE COMPARISONS WITH THE PRIOR ART SHALL NOT BE CONSIDERED DISPARAGING PER SE);

(IV) ANY STATEMENT OR OTHER MATTER OBVIOUSLY IRRELEVANT OR UNNECESSARY UNDER THE CIRCUMSTANCES.

9.2 NOTING OF LACK OF COMPLIANCE

THE RECEIVING OFFICE AND THE INTERNATIONAL SEARCHING AUTHORITY MAY NOTE LACK OF COMPLIANCE WITH THE PRESCRIPTIONS OF RULE 9.1 AND MAY SUGGEST TO THE APPLICANT THAT HE VOLUNTARILY CORRECT HIS INTERNATIONAL APPLICATION ACCORDINGLY.  IF THE LACK OF COMPLIANCE WAS NOTED BY THE RECEIVING OFFICE, THAT OFFICE SHALL INFORM THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY AND THE INTERNATIONAL BUREAU; IF THE LACK OF COMPLIANCE WAS NOTED BY THE INTERNATIONAL SEARCHING AUTHORITY, THAT AUTHORITY SHALL INFORM THE RECEIVING OFFICE AND THE INTERNATIONAL BUREAU.

9.3 REFERENCE TO ARTICLE 21(6)

"DISPARAGING STATEMENTS," REFERRED TO IN ARTICLE 21(6), SHALL HAVE THE MEANING AS DEFINED IN RULE 9.1(III).

RULE 10 TERMINOLOGY AND SIGNS

10.1 TERMINOLOGY AND SIGNS

(A) UNITS OF WEIGHTS AND MEASURES SHALL BE EXPRESSED IN TERMS OF THE METRIC SYSTEM, OR ALSO EXPRESSED IN SUCH TERMS IF FIRST EXPRESSED IN TERMS OF A DIFFERENT SYSTEM.

(B) TEMPERATURES SHALL BE EXPRESSED IN DEGREES CENTIGRADE, OR ALSO EXPRESSED IN DEGREES CENTIGRADE IF FIRST EXPRESSED IN A DIFFERENT MANNER.

(C) DENSITY SHALL BE EXPRESSED IN METRIC UNITS.

(D) FOR INDICATIONS OF HEAR, 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 ENGLICH OR JAPANESE, IT SHALL BE MARKED BY A COMMA.

10.2 CONSISTENCY

THE TERMINOLOGY AND THE SIGNS SHALL BE CONSISTENT THROUGHOUT THE INTERNATIONAL APPLICATION.

RULE 11 PHYSICAL REQUIREMENTS OF THE INTERNATIONAL APPLICATION

11.1 NUMBER OF COPIES

(A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B), THE INTERNATIONAL APPLICATION AND EACH OF THE DOCUMENTS REFERRED TO IN THE CHECK LIST (RULE 3.3(A)(II)) SHALL BE FILED IN ONE COPY.

(B) ANY RECEIVING OFFICE MAY REQUIRE THAT THE INTERNATIONAL APPLICATION AND ANY OF THE DOCUMENTS REFERRED TO IN THE CHECK LIST ( RULE 3.3(A)(II) ), EXCEPT THE RECEIPT FOR THE FEES PAID OR THE CHECK FOR THE PAYMENT OF THE FEES, BE FILED IN TWO OR THREE COPIES.  IN THAT CASE, THE RECEIVING OFFICE SHALL BE RESPONSIBLE FOR VERIFYING THE IDENTITY OF THE SECOND AND THE THIRD COPIES WITH THE RECORD COPY.

11.2 FITNESS FOR REPRODUCTION

(A) ALL ELEMENTS OF THE INTERNATIONAL APPLICATION (I.E., THE REQUEST, THE DESCRIPTION, THE CLAIMS, THE DRAWINGS, AND THE ABSTRACT) SHALL BE SO PRESENTED AS TO ADMIT OF DIRECT REPRODUCTION BY PHOTOGRAPHY, ELECTROSTATIC PROCESSES, PHOTO OFFSET, AND MICROFILMING, IN ANY NUMBER OF COPIES.

(B) ALL SHEETS SHALL BE FREE FROM CREASES AND CRACKS; THEY SHALL NOT BE FOLDED.

(C) ONLY ONE SIDE OF EACH SHEET SHALL BE USED.

(D) SUBJECT TO RULE 11.13(J), EACH SHEET SHALL BE USED IN AN UPRIGHT POSITION (I.E., THE SHORT SIDES AT THE TOP AND BOTTOM).

11.3 MATERIAL TO BE USED

ALL ELEMENTS OF THE INTERNATIONAL APPLICATION SHALL BE ON PAPER WHICH SHALL BE FLEXIBLE, STRONG, WHITE, SMOOTH, NON-SHINY, AND DURABLE.

11.4 SEPARATE SHEETS, ETC.

(A) EACH ELEMENT (REQUEST, DESCRIPTION, CLAIMS, DRAWINGS, ABSTRACT) OF THE INTERNATIONAL APPLICATION SHALL COMMENCE ON A NEW SHEET.

(B) ALL SHEETS OF THE INTERNATIONAL APPLICATION SHALL BE SO CONNECTED THAT THEY CAN BE EASILY TURNED WHEN CONSULTED, AND EASILY SEPARATED AND JOINED AGAIN IF THEY HAVE BEEN SEPARATED FOR REPRODUCTION PURPOSES.

11.5 SIZE OF SHEETS

THE SIZE OF THE SHEETS SHALL BE A4( 29.7 CM X 21 CM ).  HOWEVER, ANY RECEIVING OFFICE MAY ACCEPT INTERNATIONAL APPLICATIONS ON SHEETS OF OTHER SIZES PROVIDED THAT THE RECORD COPY, AS TRANSMITTED TO THE INTERNATIONAL BUREAU, AND, IF THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY SO DESIRES, THE SEARCH COPY, SHALL BE OF A4 SIZE.

11.6 MARGINS

(A) THE MINIMUM MARGINS OF THE SHEETS CONTAINING THE REQUEST, THE DESCRIPTION, THE CLAIMS, AND THE ABSTRACT, SHALL BE AS FOLLOWS:

- TOP OF FIRST SHEET, EXCEPT THAT OF THE REQUEST: 8 CM

- TOP OF OTHER SHEETS: 2 CM

- LEFT SIDE: 2.5 CM

- RIGHT SIDE: 2 CM

- BOTTOM: 2 CM

(B) THE RECOMMENDED MAXIMUM, FOR THE MARGINS PROVIDED FOR IN PARAGRAPH (A), IS AS FOLLOWS:

- TOP OF FIRST SHEET, EXCEPT THAT OF THE REQUEST: 9 CM

- TOP OF OTHER SHEETS: 4 CM

- LEFT SIDE: 4 CM

- RIGHT SIDE: 3 CM

- BOTTOM: 3 CM

(C) ON SHEETS CONTAINING DRAWINGS, THE SURFACE USABLE SHALL NOT EXCEED 26.2 CM X 17.0 CM.  THE SHEETS SHALL NOT CONTAIN FRAMES AROUND THE USABLE OR USED SURFACE.  THE MINIMUM MARGINS SHALL BE AS FOLLOWS:

- TOP: 2.5 CM

-LEFT SIDE: 2.5 CM

- RIGHT SIDE: 1.5 CM

- BOTTOM: 1.0 CM

(D) THE MARGINS REFERRED TO IN PARAGRAPHS (A) TO (C) APPLY TO A4-SIZE SHEETS, SO THAT, EVEN IF THE RECEIVING OFFICE ACCEPTS OTHER SIZES, THE A4-SIZE RECORD COPY AND, WHEN SO REQUIRED, THE A4-SIZE SEARCH COPY SHALL LEAVE THE AFORESAID MARGINS.

(E) THE MARGINS OF THE INTERNATIONAL APPLICATION. WHEN SUBMITTED, MUST BE COMPLETELY BLANK.

11.7 NUMBERING OF SHEETS

(A) ALL THE SHEETS CONTAINED IN THE INTERNATIONAL APPLICATION SHALL BE NUMBERED IN CONSECUTIVE ARABIC NUMERALS.

(B) THE NUMBERS SHALL BE PLACED AT THE TOP OF THE SHEET, IN THE MIDDLE, BUT NOT IN THE MARGIN.

11.8 NUMBERING OF LINES

(A) IT IS STRONGLY RECOMMENDED TO NUMBER EVERY FIFTH LINE OF EACH SHEET OF THE DESCRIPTION, AND OF EACH SHEET OF CLAIMS.

(B) THE NUMBERS SHOULD APPEAR ON THE LEFT SIDE, TO THE RIGHT OF THE MARGIN.

11.9 WRITING OF TEXT MATTER

(A) THE REQUEST, THE DESCRIPTION, THE CLAIMS AND THE ABSTRACT SHALL BE TYPED OR PRINTED.

(B) ONLY GRAPHIC SYMBOLS AND CHARACTERS, CHEMICAL OR MATHEMATICAL FORMULAE, AND CERTAIN CHARACTERS IN THE JAPANESE LANGUAGE MAY, WHEN NECESSARY, BE WRITTEN BY HAND OR DRAWN.

(C) THE TYPING SHALL BE 1 1/2 -SPACED.

(D) ALL TEXT MATTER SHALL BE IN CHARACTERS THE CAPITAL LETTERS OF WHICH ARE NOT LESS THAN 0.21 CM HIGH, AND SHALL BE IN A DARK, INDELIBLE COLOR,SATISFYING THE REQUIREMENTS SPECIFIED IN RULE 11.2.

(E) AS FAR AS THE SPACING OF THE TYPING AND THE SIZE OF THE CHARACTERS ARE CONCERNED, PARAGRAPHS (C) AND (D) SHALL NOT APPLY TO TEXTS IN THE JAPANESE LANGUAGE.

11.10 DRAWINGS, FORMULAE, AND TABLES, IN TEXT MATTER

(A) THE REQUEST, THE DESCRIPTION, THE CLAIMS AND THE ABSTRACT SHALL NOT CONTAIN DRAWINGS.

(B) THE DESCRIPTION, THE CLAIMS AND THE ABSTRACT MAY CONTAIN CHEMICAL OR MATHEMATICAL FORMULAE.

(C) THE DESCRIPTION AND THE ABSTRACT MAY CONTAIN TABLES; ANY CLAIM MAY CONTAIN TABLES ONLY IF THE SUBJECT MATTER OF THE CLAIM MAKES THE USE OF TABLES DESIRABLE.

11.11 WORDS IN DRAWINGS

(A) THE DRAWINGS SHALL NOT CONTAIN TEXT MATTER, EXCEPT A SINGLE WORD OR WORDS, WHEN ABSOLUTELY INDISPENSABLE, SUCH AS "WATER," "STEAM," "OPEN," "CLOSED," "SECTION ON AB," AND, IN THE CASE OF ELECTRIC CIRCUITS AND BLOCK SCHEMATIC OR FLOW SHEET DIAGRAMS, A FEW SHORT CATCH WORDS INDISPENSABLE FOR UNDERSTANDING.

(B) ANY WORDS USED SHALL BE SO PLACED THAT, IF TRANSLATED, THEY MAY BE PASTED OVER WITHOUT INTERFERING WITH ANY LINES OF THE DRAWINGS.

11.12 ALTERATIONS, ETC.

EACH SHEET SHALL BE REASONABLY FREE FROM ERASURES AND SHALL BE FREE FROM ALTERATIONS, OVERWRITINGS, AND INTERLINEATIONS.  NON-COMPLIANCE WITH THIS RULE MAY BE AUTHORIZED, IN EXCEPTIONAL CASES, IF THE AUTHENTICITY OF THE CONTENT IS NOT IN QUESTION AND THE REQUIREMENTS FOR GOOD REPRODUCTION ARE NOT IN JEOPARDY.

11.13 SPECIAL REQUIREMENTS FOR DRAWINGS

(A) DRAWINGS SHALL BE EXECUTED IN DURABLE, BLACK OR BLUE, SUFFICIENTLY DENSE AND DARK, UNIFORMLY THICK AND WELL-DEFINED, LINES AND STROKES WITHOUT COLORINGS.

(B) CROSS-SECTIONS SHALL BE INDICATED BY OBLIQUE HATCHING WHICH SHOULD NOT IMPEDE THE CLEAR READING OF THE REFERENCE SIGNS AND LEADING LINES.

(C) THE SCALE OF THE DRAWINGS AND THE DISTINCTNESS OF THEIR GRAPHICAL EXECUTION SHALL BE SUCH THAT A PHOTOGRAPHIC REPRODUCTION WITH A LINEAR REDUCTION IN SIZE TO TWO-THIRDS WOULD ENABLE ALL DETAILS TO BE DISTINGUISHED WITHOUT DIFFICULTY.

(D) WHEN, IN EXCEPTIONAL CASES, THE SCALE IS GIVEN ON A DRAWING, IT SHALL BE REPRESENTED GRAPHICALLY.

(E) ALL NUMBERS, LETTERS AND REFERENCE LINES, APPEARING ON THE DRAWINGS, SHALL BE SIMPLE AND CLEAR.  BRACKETS, CIRCLES OR INVERTED COMMAS SHALL NOT BE USED IN ASSOCIATION WITH NUMBERS AND LETTERS.

(F) ALL LINES IN THE DRAWINGS SHALL, ORDINARILY, BE DRAWN WITH THE AID OF DRAFTING INSTRUMENTS.

(G) EACH ELEMENT OF EACH FIGURE SHALL BE IN PROPER PROPORTION TO EACH OF THE OTHER ELEMENTS IN THE FIGURE, EXCEPT WHERE THE USE OF A DIFFERENT PROPORTION IS INDISPENSABLE FOR THE CLARITY OF THE FIGURE.

(H) THE HEIGHT OF THE NUMBERS AND LETTERS SHALL NOT BE LESS THAN 0.32 CM.  FOR THE LETTERING OF DRAWINGS, THE LATIN AND, WHERE CUSTOMARY, THE GREEK ALPHABETS SHALL BE USED.

(I) THE SAME SHEET OF DRAWINGS MAY CONTAIN SEVERAL FIGURES.  WHERE FIGURES ON TWO OR MORE SHEETS FORM IN EFFECT A SINGLE COMPLETE FIGURE, THE FIGURES ON THE SEVERAL SHEETS SHALL BE SO ARRANGED THAT THE COMPLETE FIGURE CAN BE ASSEMBLED WITHOUT CONCEALING ANY PART OF ANY OF THE FIGURES APPEARING ON THE VARIOUS SHEETS.

(J) THE DIFFERENT FIGURES SHALL BE ARRANGED ON A SHEET OR SHEETS WITHOUT WASTING SPACE, PREFERABLY IN AN UPRIGHT POSITION, CLEARLY SEPARATED FROM ONE ANOTHER.

(K) THE DIFFERENT FIGURES SHALL BE NUMBERED IN ARABIC NUMERALS CONSECUTIVELY AND INDEPENDENTLY OF THE NUMBERING OF THE SHEETS.

(L) REFERCNCE SIGNS NOT MENTIONED IN THE DESCRIPTION SHALL NOT APPEAR IN THE DRAWINGS, AND VICE VERSA.

(M) THE SAME FEATURES, WHEN DENOTED BY REFERENCE SIGNS, SHALL, THROUGHOUT THE INTERNATIONAL APPLICATION, BE DENOTED BY THE SAME SIGNS.

(N) IF THE DRAWINGS CONTAIN A LARGE NUMBER OF REFERENCE SIGNS, IT IS STRONGLY RECOMMENDED TO ATTACH A SEPARATE SHEET LISTING ALL REFERENCE SIGNS AND THE FEATURES DENOTED BY THEM.

11.14 LATER DOCUMENTS

RULES 10, AND 11.1 TO 11.13, ALSO APPLY TO ANY DOCUMENT - FOR EXAMPLE, CORRECTED PAGES, AMENDED CLAIMS - SUBMITTED AFTER THE FILING OF THE INTERNATIONAL APPLICATION.

11.15 TRANSLATIONS

NO DESIGNATED OFFICE SHALL REQUIRE THAT THE TRANSLATION OF AN INTERNATIONAL APPLICATION FILED WITH IT COMPLY WITH REQUIREMENTS OTHER THAN THOSE PRESCRIBED FOR THE INTERNATIONAL APPLICATION AS FILED.

RULE 12 LANGUAGE OF THE INTERNATIONAL APPLICATION

12.1 THE INTERNATIONAL APPLICATION

ANY INTERNATIONAL APPLICATION SHALL BE FILED IN THE LANGUAGE, OR ONE OF THE LANGUAGES, SPECIFIED IN THE AGREEMENT CONCLUDED BETWEEN THE INTERNATIONAL BUREAU AND THE INTERNATIONAL SEARCHING AUTHORITY COMPETENT FOR THE INTERNATIONAL SEARCHING OF THAT APPLICATION, PROVIDED THAT, IF THE AGREEMENT SPECIFIES SEVERAL LANGUAGES, THE RECEIVING OFFICE MAY PRESCRIBE AMONG THE SPECIFIED LANGUAGES THAT LANGUAGE IN WHICH OR THOSE LANGUAGES IN ONE OF WHICH THE INTERNATIONAL APPLICATION MUST BE FILED.

12.2 CHANGES IN THE INTERNATIONAL APPLICATION

ANY CHANGES IN THE INTERNATIONAL APPLICATION, SUCH AS AMENDMENTS AND CORRECTIONS, SHALL BE IN THE SAME LAGUAGE AS THE SAID APPLICATION (CF. RULE 66.5).

RULE 13 UNITY OF INVENTION

13.1 REQUIREMENT

THE INTERNATIONAL APPLICATION SHALL RELATE TO ONE INVENTION ONLY OR TO A GROUP OF INVENTIONS SO LINKED AS TO FORM A SINGLE GENERAL INVENTIVE CONCEPT ("REQUIREMENT OF UNITY OF INVENTION").

13.2 CLAIMS OF DIFFERENT CATEGORIES

RULE 13.1 SHALL BE CONSTRUED AS PERMITTING, IN PARTICULAR, EITHER OF THE FOLLOWING TWO POSSIBILITIES:

(I) IN ADDITION TO AN INDEPENDENT CLAIM FOR A GIVEN PRODUCT, THE INCLUSION IN THE SAME INTERNATIONAL APPLICATION OF ONE INDEPENDENT CLAIM FOR ONE PROCESS SPECIALLY ADAPTED FOR THE MANUFACTURE OF THE SAID PRODUCT, AND THE INCLUSION IN THE SAME INTERNATIONAL APPLICATION OF ONE INDEPENDENT CLAIM FOR ONE USE OF THE SAID PRODUCT, OR

(II) IN ADDITION TO AN INDEPENDENT CLAIM FOR A GIVEN PROCESS, THE INCLUSION IN THE SAME INTERNATIONAL APPLICATION OF ONE INDEPENDENT CLAIM FOR ONE APPARATUS OR MEANS SPECIFICALLY DESIGNED FOR CARRYING OUT THE SAID PROCESS.

13.3 CLAIMS OF ONE AND THE SAME CATEGORY

SUBJECT TO RULE 13.1, IT SHALL BE PERMITTED TO INCLUDE IN THE SAME INTERNATIONAL APPLICATION TWO OR MORE INDEPENDENT CLAIMS OF THE SAME CATEGORY (I. E., PRODUCT, PROCESS, APPARATUS, OR USE) WHICH CANNOT READILY BE COVERED BY A SINGLE GENERIC CLAIM.

13.4 DEPENDENT CLAIMS

SUBJECT TO RULE 13.1, IT SHALL BE PERMITTED TO INCLUDE IN THE SAME INTERNATIONAL APPLICATION A REASONABLE NUMBER OF DEPENDENT CLAIMS, CLAIMING SPECIFIC FORMS OF THE INVENTION CLAIMED IN AN INDEPENDENT CLAIM, EVEN WHERE THE FEATURES OF ANY DEPENDENT CLAIM COULD BE CONSIDERED AS CONSTITUTING IN THEMSELVES AN INVENTION.

13.5 UTILITY MODELS

ANY DESIGNATED STATE IN WHICH THE GRANT OF A UTILITY MODEL IS SOUGHT ON THE BASIS OF AN INTERNATIONAL APPLICATION MAY, INSTEAD OF RULES 13.1 TO 13.4, APPLY IN RESPECT OF THE MATTERS REGULATED IN THOSE RULES THE PROVISIONS OF ITS NATIONAL LAW CONCERNING UTILITY MODELS ONCE THE PROCESSING OF THE INTERNATIONAL APPLICATION HAS STARTED IN THAT STATE, PROVIDED THAT THE APPLICANT SHALL BE ALLOWED AT LEAST 2 MONTHS FROM THE EXPIRATION OF THE TIME LIMIT APPLICABLE UNDER ARTICLE 22 TO ADAPT HIS APPLICATION TO THE REQUIREMENTS OF THE SAID PROVISIONS OF THE NATIONAL LAW.

RULE 14 THE TRANSMITTAL FEE

14.1 THE TRANSMITTAL FEE

(A) ANY RECEIVING OFFICE MAY REQUIRE THAT THE APPLICANT PAY A FEE TO IT, FOR ITS OWN BENEFIT, FOR RECEIVING THE INTERNATIONAL APPLICATION, TRANSMITTING COPIES TO THE INTERNATIONAL BUREAU AND THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY, AND PERFORMING ALL THE OTHER TASKS WHICH IT MUST PERFORM IN CONNCCTION WITH THE INTERNATIONAL APPLICATION IN ITS CAPACITY OF RECEIVING OFFICE ("TRANSMITTAL FEE").

(B) THE AMOUNT AND THE DUE DATE OF THE TRANSMITTAL FEE, IF ANY, SHALL BE FIXED BY THE RECEIVING OFFICE.

RULE 15 THE INTERNATIONAL FEE

15.1 BASIC FEE AND DESIGNATION FEE

EACH INTERNATIONAL APPLICATION SHALL BE SUBJECT TO THE PAYMENT OF A FEE FOR THE BENEFIT OF THE INTERNATIONAL BUREAU ("INTERNATIONAL FEE") CONSISTING OF

(I) A "BASIC FEE," AND

(II) AS MANY "DESIGNATION FEES" AS THERE ARE STATES DESIGNATED IN THE INTERNATIONAL APPLICATION, PROVIDED THAT, WHERE A REGIONAL PATENT IS SOUGHT FOR CERTAIN DESIGNATED STATES, ONLY ONE DESIGNATION FEE SHALL BE DUE FOR THOSE STATES.

15.2 AMOUNTS

(A) THE AMOUNT OF THE BASIC FEE SHALL BE:

(I) IF THE INTERNATIONAL APPLICATION CONTAINS NOT MORE THAN 30 SHEETS: US $45.00 OR 194 SWISS FRANCS,

(II) IF THE INTERNATIONAL APPLICATION CONTAINS MORE THAN 30 SHEETS: US $45.00 OR 194 SWISS FRANCS PLUS US $1.00 OR 4.30 SWISS FRANCS PER SHEET IN EXCESS OF 30 SHEETS.

(B) THE AMOUNT OF THE DESIGNATION FEE SHALL BE:

(I) FOR EACH DESIGNATED STATE OR EACH GROUP OF DESIGNATED STATES FOR WHICH THE SAME REGIONAL PATENT IS SOUGHT WHICH DOES NOT REQUIRE THE FURNISHING OF A COPY UNDER ARTICLE 13: US $12.00 OR 52 SWISS FRANCS,

(II) FOR EACH DESIGNATED STATE OR EACH GROUP OF DESIGNATED STATES FOR WHICH THE SAME REGIONAL PATENT IS SOUGHT WHICH REQUIRES THE FURNISHING OF A COPY UNDER ARTICLE 13: US $14.00 OR 60 SWISS FRANCS.

15.3 MODE OF PAYMENT

(A) THE INTERNATIONAL FEE SHALL BE COLLECTED BY THE RECEIVING OFFICE.

(B) THE INTERNATIONAL FEE SHALL BE PAYABLE IN THE CURRENCY PRESCRIBED BY THE RECEIVING OFFICE, IT BEING UNDERSTOOD THAT, WHEN TRANSFERRED BY THE RECEIVING OFFICE TO THE INTERNATIONAL BUREAU, IT SHALL BE FREELY CONVERTIBLE INTO SWISS CURRENCY.

15.4 TIME OF PAYMENT

(A) THE BASIC FEE SHALL BE DUE ON THE DATE OF RECEIPT OF THE INTERNATIONAL APPLICATION.  HOWEVER, ANY RECEIVING OFFICE MAY, AT ITS DISCRETION, NOTIFY THE APPLICANT OF ANY LACK OF RECEIPT OR INSUFFICIENCY OF ANY AMOUNT RECEIVED, AND PERMIT APPLICANTS TO PAY THE BASIC FEE LATER, WITHOUT LOSS OF THE INTERNATIONAL FILING DATE, PROVIDED THAT:

(I) PERMISSION SHALL NOT BE GIVEN TO PAY LATER THAN 1 MONTH AFTER THE DATE OF RECEIPT OF THE INTERNATIONAL APPLICATION;

(II) PERMISSION MAY NOT BE SUBJECT TO ANY EXTRA CHARGE.

(B) THE DESIGNATION FEE MAY BE PAID ON THE DATE OF RECEIPT OF THE INTERNATIONAL APPLICATION OR ON ANY LATER DATE BUT, AT THE LATEST, IT MUST BE PAID BEFORE THE EXPIRATION OF ONE YEAR FROM THE PRIORITY DATE.

15.5 PARTIAL PAYMENT

(A) IF THE APPLICANT SPECIFIES THE STATES TO WHICH HE WISHES ANY AMOUNT PAID TO BE APPLIED AS DESIGNATION FEE, THE AMOUNT SHALL BE APPLIED ACCORDINGLY TO THE NUMBER OF STATES WHICH ARE COVERED BY THE AMOUNT IN THE ORDER SPECIFIED BY THE APPLICANT.

(B) IF THE APPLICANT DOES NOT SPECIFY ANY SUCH WISH AND IF THE AMOUNT OR AMOUNTS RECEIVED BY THE RECEIVING OFFICE ARE HIGHER THAN THE BASIC FEE AND ONE DESIGNATION FEE BUT LOWER THAN WHAT IS DUE ACCORDING TO THE NUMBER OF THE DESIGNATED STATES, ANY AMOUNT IN EXCESS OF THE BASIC FEE AND ONE DESIGNATION FEE SHALL BE TREATED AS DESIGNATION FEES FOR THE STATES FOLLOWING THE STATE FIRST NAMED IN THE REQUEST AND IN THE ORDER IN WHICH THE STATES ARE DESIGNATED IN THE REQUEST UP TO AND INCLUDING THAT DESIGNATED STATE FOR WHICH THE TOTAL AMOUNT OF THE DESIGNATION FEE IS COVERED BY THE AMOUNT OR AMOUNTS RECEIVED.

(C) THE DESIGNATION FEE FOR THE FIRST MENTIONED STATE BELONGING TO A GROUP OF STATES FOR WHICH THE SAME REGIONAL PATENT IS SOUGHT AND WHICH IS SPECIFIED UNDER PARAGRAPH (A) OR WHICH IS REACHED UNDER PARAGRAPH (B) SHALL, FOR THE PURPOSES OF THE SAID PARAGRAPHS, BE CONSIDERED AS COVERING ALSO THE OTHER STATES OF THE SAID GROUP.

15.6 REFUND

(A) THE INTERNATIONAL FEE SHALL BE REFUNDED TO THE APPLICANT IF THE DETERMINATION UNDER ARTICLE 11(1) IS NEGATIVE.

(B) IN NO OTHER CASE SHALL THE INTERNATIONAL FEE BE REFUNDED.

RULE 16 THE SEARCH FEE

16.1 RIGHT TO ASK FOR A FEE

(A) EACH INTERNATIONAL SEARCHING AUTHORITY MAY REQUIRE THAT THE APPLICANT PAY A FEE ("SEARCH FEE") FOR ITS OWN BENEFIT FOR CARRYING OUT THE INTERNATIONAL SEARCH FOR PERFORMING ALL OTHER TASKS ENTRUSTED TO INTERNATIONAL SEARCHING AUTHORITIES BY THE TREATY AND THESE REGULATIONS.

(B) THE SEARCH FEE SHALL BE COLLECTED BY THE RECEIVING OFFICE.  IT SHALL BE PAYABLE IN THE CURRENCY PRESCRIBED BY THAT OFFICE, IT BEING UNDERSTOOD THAT, IF THAT CURRENCY IS NOT THE SAME AS THE CURRENCY OF THE STATE IN WHICH THE INTERNATIONAL STARCHING AUTHORITY IS LOCATED, THE SEARCH FEE, WHEN TRANSFERRED BY THE RECEIVING OFFICE TO THAT AUTHORITY, SHALL BE FREELY CONVERTIBLE INTO THE CURRENCY OF THE SAID STATE.  AS TO THE TIME OF PAYMENT OF THE SEARCH FEE, RULE 15.4(A) SHALL APPLY.

16.2 REFUND

THE SEARCH FEE SHALL BE REFUNDED TO THE APPLICANT IF THE DETERMINATION UNDER ARTICLE 11(1) IS NEGATIVE.

16.3 PARTIAL REFUND

WHERE THE INTERNATIONAL APPLICATION CLAIMS THE PRIORITY OF AN EARLIER INTERNATIONAL APPLICATION WHICH HAS BEEN THE SUBJECT OF AN INTERNATIONAL SEARCH BY THE SAME INTERNATIONAL SEARCHING AUTHORITY, THAT AUTHORITY SHALL REFUND THE SEARCH FEE PAID IN CONNECTION WITH THE LATER INTERNATIONAL APPLICATION TO THE EXTENT AND UNDER THE CONDITIONS PROVIDED FOR IN THE AGREEMENT UNDER ARTICLE 16(3)(B), IF THE INTERNATIONAL SEARCH REPORT ON THE LATER INTERNATIONAL APPLICATION COULD WHOLLY OR PARTLY BE BASED ON THE RESULTS OF THE INTERNATIONAL SEARCH EFFECTED ON THE EARLIER INTERNATIONAL APPLICATION.

RULE 17 THE PRIORITY DOCUMENT

17.1 OBLIGATION TO SUBMIT COPY OF EARLIER NATIONAL APPLICATION

(A) WHERE THE PRIORITY OF AN EARLIER NATIONAL APPLICATION IS CLAIMED UNDER ARTICLE 8 IN THE INTERNATIONAL APPLICATION, A COPY OF THE SAID NATIONAL APPLICATION, CERTIFIED BY THE AUTHORITY WITH WHICH IT WAS FILED ("THE PRIORITY DOCUMENT"), SHALL, UNLESS ALREADY FILED WITH THE RECEIVING OFFICE, TOGETHER WITH THE INTERNATIONAL APPLICATION, BE SUBMITTED BY THE APPLICANT TO THE INTERNATIONAL BUREAU NOT LATER THAN 16 MONTHS AFTER THE PRIORITY DATE OR, IN THE CASE REFERRED TO IN ARTICLE 23(2), NOT LATER THAN AT THE TIME THE PROCESSING OR EXAMINATION IS REQUESTED.

(B) IF THE APPLICANT FAILS TO COMPLY WITH THE REQUIREMENT UNDER PARAGRAPH (A), ANY DESIGNATED STATE MAY DISREGARD THE PRIORITY CLAIM.

(C) THE INTERNATIONAL BUREAU SHALL RECORD THE DATE ON WHICH IT RECEIVED THE PRIORITY DOCUMENT AND SHALL NOTIFY THE APPLICANT AND THE DESIGNATED OFFICES ACCORDINGLY.

17.2 AVAILABILITY OF COPIES

(A) THE INTERNATIONAL BUREAU SHALL, AT THE SPECIFIC REQUEST OF THE DESIGNATED OFFICE, PROMPTLY BUT NOT BEFORE THE EXPIRATION OF THE TIME LIMIT FIXED IN RULE 17.1(A), FURNISH A COPY OF THE PRIORITY DOCUMENT TO THAT OFFICE.  NO SUCH OFFICE SHALL ASK THE APPLICANT HIMSELF TO FURNISH IT WITH A COPY, EXCEPT WHERE IT REQUIRES THE FURNISHING OF A COPY OF THE PRIORITY DOCUMENT TOGETHER WITH A CERTIFIED TRANSLATION THEREOF.  THE APPLICANT SHALL NOT BE REQUIRED TO FURNISH A CERTIFIED TRANSLATION TO THE DESIGNATED OFFICE BEFORE THE EXPIRATION OF THE APPLICABLE TIME LIMIT UNDER ARTICLE 22.

(B) THE INTERNATIONAL BUREAU SHALL NOT MAKE COPIES OF THE PRIORITY DOCUMENT AVAILABLE TO THE PUBLIC PRIOR TO THE INTERNATIONAL PUBLICATION OF THE INTERNATIONAL APPLICATION.

(C) PARAGRAPHS (A) AND (B) SHALL APPLY ALSO TO ANY EARLIER INTERNATIONAL APPLICATION WHOSE PRIORITY IS CLAIMED IN THE SUBSEQUENT INTERNATIONAL APPLICATION.

RULE 18 THE APPLICANT

18.1 RESIDENCE

(A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B), THE QUESTION WHETHER AN APPLICANT IS A RESIDENT OF THE CONTRACTING STATE OF WHICH HE CLAIMS TO BE A RESIDENT SHALL DEPEND ON THE NATIONAL LAW OF THAT STATE AND SHALL BE DECIDED BY THE RECEIVING OFFICE.

(B) IN ANY CASE, POSSESSION OF A REAL AND EFFECTIVE INDUSTRIAL OR COMMERCIAL ESTABLISHMENT IN A CONTRACTING STATE SHALL BE CONSIDERED RESIDENCE IN THAT STATE.

18.2 NATIONALITY

(A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B), THE QUESTION WHETHER AN APPLICANT IS A NATIONAL OF THE CONTRACTING STATE OF WHICH HE CLAIMS TO BE A NATIONAL SHALL DEPEND ON THE NATIONAL LAW OF THAT STATE AND SHALL BE DECIDED BY THE RECEIVING OFFICE.

(B) IN ANY CASE, A LEGAL ENTITY CONSTITUTED ACCORDING TO THE NATIONAL LAW OF A CONTRACTING STATE SHALL BE CONSIDERED A NATIONAL OF THAT STATE.

18.3 SEVERAL APPLICANTS: SAME FOR ALL DESIGNATED STATES

IF ALL THE APPLICANTS ARE APPLICANTS FOR THE PURPOSES OF ALL DESIGNATED STATES, THE RIGHT TO FILE AN INTERNATIONAL APPLICATION SHALL EXIST IF AT LEAST ONE OF THEM IS ENTITLED TO FILE AN INTERNATIONAL APPLICATION ACCORDING TO ARTICLE 9.

18.4 SEVERAL APPLICANTS: DIFFERENT FOR DIFFERENT DESIGNATED 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 THAT STATE IS ENTITLED TO FILE AN INTERNATIONAL APPLICATION ACCORDING TO ARTICLE 9.

(B) IF THE CONDITION REFERRED TO IN PARAGRAPH (A) IS NOT FULFILLED IN RESPECT OF ANY DESIGNATED STATE, THE DESIGNATION OF THAT STATE SHALL BE CONSIDERED NOT TO HAVE BEEN MADE.

(C) THE INTERNATIONAL BUREAU SHALL, FROM TIME TO TIME, PUBLISH INFORMATION ON THE VARIOUS NATIONAL LAWS IN RESPECT OF THE QUESTION WHO IS QUALIFIED (INVENTOR, SUCCESSOR IN TITLE OF THE INVENTOR, OWNER OF THE INVENTION, OR OTHER) TO FILE A NATIONAL APPLICATION AND SHALL ACCOMPANY SUCH INFORMATION BY A WARNING THAT THE EFFECT OF THE INTERNATIONAL APPLICATION IN ANY DESIGNATED STATE MAY DEPEND ON WHETHER THE PERSON DESIGNATED IN THE INTERNATIONAL APPLICATION AS APPLICANT FOR THE PURPOSCS OF THAT STATE IS A PERSON WHO, UNDER THE NATIONAL LAW OF THAT STATE, IS QUALIFIED TO FILE A NATIONAL APPLICATION.

18.5 CHANGE IN THE PERSON OR NAME OF THE APPLICANT

ANY CHANGE IN THE PERSON OR NAME OF THE APPLICANT SHALL, ON THE REQUEST OF THE APPLICANT OR THE RECEIVING OFFICE, BE RECORDED BY THE INTERNATIONAL BUREAU, WHICH SHALL NOTIFY THE INTERESTED INTERNATIONAL SEARCHING AUTHORITY AND THE DESIGNATED OFFICES ACCORDINGLY.

RULE 19 THE COMPETENT RECEIVING OFFICE

19.1 WHERE TO FILE

(A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B), THE INTERNATIONAL APPLICATION SHALL BE FILED, AT THE OPTION OF THE APPLICANT, WITH THE NATIONAL OFFICE OF OR ACTING FOR THE CONTRACTING STATE OF WHICH THE APPLICANT IS A RESIDENT OR WITH THE NATIONAL OFFICE OF OR ACTING FOR THE CONTRACTING STATE OF WHCH THE APPLICANT IS A NATIONAL.

(B) ANY CONTRACTING STATE MAY AGREE WITH ANOTHER CONTRACTING STATE OR ANY INTERGOVERNMENTAL ORGANIZATION THAT THE NATIONAL OFFICE OF THE LATTER STATE OR THE INTERGOVERNMENTAL ORGANIZATION SHALL, FOR ALL OR SOME PURPOSES, ACT INSTEAD OF THE NATIONAL OFFICE OF THE FORMER STATE AS RECEIVING OFFICE FOR APPLICANTS WHO ARE RESIDENTS OR NATIONALS OF THAT FORMER STATE.  NOTWITHSTANDING SUCH AGREEMENT, THE NATIONAL OFFICE OF THE FORMER STATE SHALL BE CONSIDERED THE COMPETENT RECEIVING OFFICE FOR THE PURPOSES OF ARTICLE 15(5).

(C) IN CONNECTION WITH ANY DECISION MADE UNDER ARTICLE 9(2), THE ASSEMBLY SHALL APPOINT THE NATIONAL OFFICE OR THE INTERGOVERNMENTAL ORGANIZATION WHICH WILL ACT AS RECEIVING OFFICE FOR APPLICATIONS OF RESIDENTS OR NATIONALS OF STATES SPECIFIED BY THE ASSEMBLY.  SUCH APPOINTMENT SHALL REQUIRE THE PREVIOUS CONSENT OF THE SAID NATIONAL OFFICE OR INTERGOVERNMENTAL ORGANIZATION.

19.2 SEVERAL APPLICANTS

(A) IF THERE ARE SEVERAL APPLICANTS AND THEY HAVE NO COMMON AGENT, THEIR COMMON REPRESENTATIVE WITHIN THE MEANING OF RULE 4.8 SHALL, FOR THE PURPOSES OF THE APPLICATION OF RULE 19.1, BE CONSIDERED THE APPLICANT.

(B) IF THERE ARE SEVERAL APPLICANTS AND THEY HAVE A COMMON AGENT, THE APPLICANT FIRST NAMED IN THE REQUEST WHO IS ENTITLED TO FILE AN INTERNATIONAL APPLICATION ACCORDING TO ARTICLE 9 SHALL, FOR THE PURPOSES OF THE APPLICATION OF RULE 19.1, BE CONSIDERED THE APPLICANT.

19.3 PUBLICATION OF FACT OF DELEGATION OF DUTIES OF RECEIVING OFFICE

(A) ANY AGREEMENT REFERRED TO IN RULE 19.1(B) SHALL BE PROMPTLY NOTIFIED TO THE INTERNATIONAL BUREAU BY THE CONTRACTING STATE WHICH DELEGATES THE DUTIES OF THE RECEIVING OFFICE TO THE NATIONAL OFFICE OF OR ACTING FOR ANOTHER CONTRACTING STATE OR AN INTERGOVERNMENTAL ORGANIZATION.

(B) THE INTERNATIONAL BUREAU SHALL, PROMPTLY UPON RECEIPT, PUBLISH THE NOTIFICATION IN THE GAZETTE.

RULE 20 RECEIPT OF THE INTERNATIONAL APPLICATION

20.1 DATE AND NUMBER

(A) UPON RECEIPT OF PAPERS PURPORTING TO BE AN INTERNATIONAL APPLICATION, THE RECEIVING OFFICE SHALL INDELIBLY MARK THE DATE OF ACTUAL RECEIPT IN THE SPACE PROVIDED FOR THAT PURPOSE IN THE REQUEST FORM OF EACH COPY RECEIVED AND ONE OF THE NUMBERS ASSIGNED BY THE INTERNATIONAL BUREAU TO THAT OFFICE ON EACH SHEET OF EACH COPY RECEIVED.

(B) THE PLACE ON EACH SHEET WHERE THE DATE OR NUMBER SHALL BE MARKED, AND OTHER DETAILS, SHALL BE SPECIFIED IN THE ADMINISTRATIVE INSTRUCTIONS.

20.2 RECEIPT ON DIFFERENT DAYS

(A) IN CASES WHERE ALL THE SHEETS PERTAINING TO THE SAME PURPORTED INTERNATIONAL APPLICATION ARE NOT RECEIVED ON THE SAME DAY BY THE RECEIVING OFFICE, THAT OFFICE SHALL CORRECT THE DATE MARKED ON THE REQUEST (STILL LEAVING LEGIBLE, HOWEVER, THE EARLIER DATE OR DATES ALREADY MARKED) SO THAT IT INDICATES THE DAY ON WHICH THE PAPERS COMPLETING THE INTERNATIONAL APPLICATION WERE RECEIVED, PROVIDED THAT

(I) WHERE NO INVITATION UNDER ARTICLE 11(2)(A) TO CORRECT WAS SENT TO THE APPLICANT, THE SAID PAPERS ARE RECEIVED WITHIN 30 DAYS FROM THE DATE ON WHICH SHEETS WERE FIRST RECEIVED;

(II) WHERE AN INVITATION UNDER ARTICLE 11(2)(A) TO CORRECT WAS SENT TO THE APPLICANT, THE SAID PAPERS ARE RECEIVED WITHIN THE APPLICABLE TIME LIMIT UNDER RULE 20.6:

(III) IN THE CASE OF ARTICLE 14(2), THE MISSING DRAWINGS ARE RECEIVED WITHIN 30 DAYS FROM THE DATE ON WHICH THE INCOMPLETE PAPERS WERE FILED;

(IV) THE ABSENCE OR LATER RECEIPT OF ANY SHEET CONTAINING THE ABSTRACT OR PART THEREOF SHALL NOT, IN ITSELF, REQUIRE ANY CORRECTION OF THE DATE MARKED ON THE REQUEST.

(B) ANY SHEET RECEIVED ON A DATE LATER THAN THE DATE ON WHICH SHEETS WERE FIRST RECEIVED SHALL BE MARKED BY THE RECEIVING OFFICE WITH THE DATE ON WHICH IT WAS RECEIVED.

20.3 CORRECTED INTERNATIONAL APPLICATION

IN THE CASE REFERRED TO IN ARTICLE 11(2)(B), THE RECEIVING OFFICE SHALL CORRECT THE DATE MARKED ON THE REQUEST (STILL LEAVING LEGIBLE, HOWEVER, THE EARLIER DATE OR DATES ALREADY MARKED) SO THAT IT INDICATES THE DAY ON WHICH THE LAST REQUIRED CORRECTION WAS RECEIVED.

20.4 DETERMINATION UNDER ARTICLE 11(1)

(A) PROMPTLY AFTER RECEIPT OF THE PAPERS PURPORTING TO BE AN INTERNATIONAL APPLICATION, THE RECEIVING OFFICE SHALL DETERMINE WHETHER THE PAPERS COMPLY WITH THE REQUIREMENTS OF ARTICLE 11(1).

(B) FOR THE PURPOSES OF ARTICLE 11(1)(III)(C), IT SHALL BE SUFFICIENT TO INDICATE THE NAME OF THE APPLICANT IN A WAY WHICH ALLOWS HIS IDENTITY TO BE ESTABLISHED EVEN IF THE NAME IS MISSPELLED, THE GIVEN NAMES ARE NOT FULLY INDICATED, OR, IN THE CASE OF LEGAL ENTITIES, THE INDICATION OF THE NAME IS ABBREVIATED OR INCOMPLETE.

20.5 POSITIVE DETERMINATION

(A) IF THE DETERMINATION UNDER ARTICLE 11(1) IS POSITIVE, THE RECEIVING OFFICE SHALL STAMP IN THE SPACE PROVIDED FOR THAT PURPOSE IN THE REQUEST FORM THE NAME OF THE RECEIVING OFFICE AND THE WORDS "PCT INTERNATIONAL APPLICATION," OR "DEMANDE INTERNATIONALE PCT." IF THE OFFICIAL LANGUAGE OF THE RECEIVING OFFICE IS NEITHER ENGLISH NOR FRENCH, THE WORDS "INTERNATIONAL APPLICATION" OR "DEMANDE INTERNATIONALE" MAY BE ACCOMPANIED BY A TRANSLATION OF THESE WORDS IN THE OFFICIAL LANGUAGE OF THE RECEIVING OFFICE.

(B) THE COPY WHOSE REQUEST SHEET HAS BEEN SO STAMPED SHALL BE THE RECORD COPY OF THE INTERNATIONAL APPLICATION.

(C) THE RECEIVING OFFICE SHALL PROMPTLY NOTIFY THE APPLICANT OF THE INTERNATIONAL APPLICATION NUMBER AND THE INTERNATIONAL FILING DATE.

20.6 INVITATION TO CORRECT

(A) THE INVITATION TO CORRECT UNDER ARTICLE 11(2) SHALL SPECIFY THE REQUIREMENT PROVIDED FOR UNDER ARTICLE 11(1) WHICH, IN THE OPINION OF THE RECEIVING OFFICE, HAS NOT BEEN FULFILLED.

(B) THE RECEIVING OFFICE SHALL PROMPTLY MAIL THE INVITATION TO THE APPLICANT AND SHALL FIX A TIME LIMIT, REASONABLE UNDER THE CIRCUMSTANCES OF THE CASE, FOR FILING THE CORRECTION.  THE TIME LIMIT SHALL NOT BE LESS THAN 10 DAYS, AND SHALL NOT EXCEED 1 MONTH, FROM THE DATE OF THE INVITATION.  IF SUCH TIME LIMIT EXPIRES AFTER THE EXPIRATION OF 1 YEAR FROM THE FILING DATE OF ANY APPLICATION WHOSE PRIORITY IS CLAIMED, THE RECEIVING OFFICE MAY CALL THIS CIRCUMSTANCE TO THE ATTENTION OF THE APPLICANT.

20.7 NEGATIVE DETERMINATION

IF THE RECEIVING OFFICE DOES NOT, WITHIN THE PRESCRIBED TIME LIMIT, RECEIVE A REPLY TO ITS INVITATION TO CORRECT, OR IF THE CORRECTION OFFERED BY THE APPLICANT STILL DOES NOT FULFILL THE REQUIREMENTS PROVIDED FOR UNDER ARTICLE 11(1), IT SHALL:

(I) PROMPTLY NOTIFY THE APPLICANT THAT HIS APPLICATION IS NOT AND WILL NOT BE TREATED AS AN INTERNATIONAL APPLICATION AND SHALL INDICATE THE REASONS THEREFOR,

(II) NOTIFY THE INTERNATIONAL BUREAU THAT THE NUMBER IT HAS MARKED ON THE PAPERS WILL NOT BE USED AS AN INTERNATIONAL APPLICATION NUMBER,

(III) KEEP THE PAPERS CONSTITUTING THE PURPORTED INTERNATIONAL APPLICATION AND ANY CORRESPONDENCE RELATING THERETO AS PROVIDED IN RULE 93.1, AND

(IV) SEND A COPY OF THE SAID PAPERS TO THE INTERNATIONAL BUREAU WHERE, PURSUANT TO A REQUEST BY THE APPLICANT UNDER ARTICLE 25(1), THE INTERNATIONAL BUREAU NEEDS SUCH A COPY AND SPECIALLY ASKS FOR IT.

20.8 ERROR BY THE RECEIVING OFFICE

IF THE RECEIVING OFFICE LATER DISCOVERS, OR ON THE BASIS OF THE APPLICANT'S REPLY REALIZES, THAT IT HAS ERRED IN ISSUING AN INVITATION TO CORRECT SINCE THE REQUIREMENTS PROVIDED FOR UNDER ARTICLE 11(1) WERE FULFILLED WHEN THE PAPERS WERE RECEIVED, IT SHALL PROCEED AS PROVIDED IN RULE 20.5.

20.9 CERTIFIED COPY FOR THE APPLICANT

AGAINST PAYMENT OF A FEE, THE RECEIVING OFFICE SHALL FURNISH TO THE APPLICANT, ON REQUEST, CERTIFIED COPIES OF THE INTERNATIONAL APPLICATION AS FILED AND OF ANY CORRECTIONS THERETO.

RULE 21 PREPARATION 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 RIGHT TO FIX A FEE FOR PERFORMING THAT TASK AND TO COLLECT SUCH FEE FROM THE APPLICANT.

RULE 22 TRANSMITTAL OF THE RECORD COPY

22.1 PROCEDURE

(A) IF THE DETERMINATION UNDER ARTICLE 11(1) IS POSITIVE, AND UNLESS PRESCRIPTIONS CONCERNING NATIONAL SECURITY PREVENT THE INTERNATIONAL APPLICATION FROM BEING TREATED AS SUCH, THE RECEIVING OFFICE SHALL TRANSMIT THE RECORD COPY TO THE INTERNATIONAL BUREAU.  SUCH TRANSMITTAL SHALL BE EFFECTED PROMPTLY AFTER RECEIPT OF THE INTERNATIONAL APPLICATION OR, IF A CHECK TO PRESERVE NATIONAL SECURITY MUST BE PERFORMED, AS SOON AS THE NECESSARY CLEARANCE HAS BEEN OBTAINED.  IN ANY CASE, THE RECEIVING OFFICE SHALL TRANSMIT THE RECORD COPY IN TIME FOR IT TO REACH THE INTERNATIONAL BUREAU BY THE EXPIRATION OF THE 13TH MONTH FROM THE PRIORITY DATE.  IF THE TRANSMITTAL IS EFFECTED BY MAIL, THE RECEIVING OFFICE SHALL MAIL THE RECORD COPY NOT LATER THAN 5 DAYS PRIOR TO THE EXPIRATION OF THE 13TH MONTH FROM THE PRIORITY DATE.

(B) IF THE APPLICANT IS NOT IN POSSESSION OF THE NOTIFICATION OF RECEIPT SENT BY THE INTERNATIONAL BUREAU UNDER RULE 24.2(A) BY THE EXPIRATION OF 13 MONTHS AND 10 DAYS FROM THE PRIORITY DATE, HE SHALL HAVE THE RIGHT TO ASK THE RECEIVING OFFICE TO GIVE HIM THE RECORD COPY OR, SHOULD THE RECEIVING OFFICE ALLEGE THAT IT HAS TRANSMITTED THE RECORD COPY TO THE INTERNATIONAL BUREAU, A CERTIFIED COPY BASED ON THE HOME COPY.

(C) THE APPLICANT MAY TRANSMIT THE COPY HE HAS RECEIVED UNDER PARAGRAPH (B) TO THE INTERNATIONAL BUREAU.  UNLESS THE RECORD COPY TRANSMITTED BY THE RECEIVING OFFICE HAS BEEN RECEIVED BY THE INTERNATIONAL BUREAU BEFORE THE RECEIPT BY THAT BUREAU OF THE COPY TRANSMITTED BY THE APPLICANT, THE LATTER COPY SHALL BE CONSIDERED THE RECORD COPY.

22.2 ALTERNATIVE PROCEDURE

(A) NOTWITHSTANDING THE PROVISIONS OF RULE 22.1, ANY RECEIVING OFFICE MAY PROVIDE THAT THE RECORD COPY OF ANY INTERNATIONAL APPLICATION FILED WITH IT SHALL BE TRANSMITTED, AT THE OPTION OF THE APPLICANT, BY THE RECEIVING OFFICE OR THROUGH THE APPLICANT.  THE RECEIVING OFFICE SHALL INFORM THE INTERNATIONAL BUREAU OF THE EXISTENCE OF ANY SUCH PROVISION.

(B) THE APPLICANT SHALL EXERCISE THE OPTION THROUGH A WRITTEN NOTICE, WHICH HE SHALL FILE TOGETHER WITH THE INTERNATIONAL APPLICATION.  IF HE FAILS TO EXERCISE THE SAID OPTION, THE APPLICANT SHALL BE CONSIDERED TO HAVE OPTED FOR TRANSMITTAL BY THE RECEIVING OFFICE.

(C) WHERE THE APPLICANT OPTS FOR TRANSMITTAL BY THE RECEIVING OFFICE, THE PROCEDURE SHALL BE THE SAME AS THAT PROVIDED FOR IN RULE 22.1.

(D) WHERE THE APPLICANT OPTS FOR TRANSMITTAL THROUGH HIM, HE SHALL INDICATE IN THE NOTICE REFERRED TO IN PARAGRAPH (B) WHETHER HE WISHES TO COLLECT THE RECORD COPY AT THE RECEIVING OFFICE OR WISHES THE RECEIVING OFFICE TO MAIL THE RECORD COPY TO HIM.  IF THE APPLICANT EXPRESSES THE WISH TO COLLECT THE RECORD COPY, THE RECEIVING OFFICE SHALL HOLD THAT COPY AT THE DISPOSAL OF THE APPLICANT AS SOON AS THE CLEARANCE REFERRED TO IN RULE 22.1(A) HAS BEEN OBTAINED AND, IN ANY CASE, INCLUDING THE CASE WHERE A CHECK FOR SUCH CLEARANCE MUST BE PERFORMED, NOT LATER THAN 10 DAYS BEFORE THE EXPIRATION OF 13 MONTHS FROM THE PRIORITY DATE.  IF, BY THE EXPIRATION OF THE TIME LIMIT FOR RECEIPT OF THE RECORD COPY BY THE INTERNATIONAL BUREAU, THE APPLICANT HAS NOT COLLECTED THAT COPY, THE RECEIVING OFFICE SHALL NOTIFY THE INTERNATIONAL BUREAU ACCORDINGLY.  IF THE APPLICANT EXPRESSES THE WISH THAT THE RECEIVING OFFICE MAIL THE RECORD COPY TO HIM OR FAILS TO EXPRESS THE WISH TO COLLECT THE RECORD COPY, THE RECEIVING OFFICE SHALL MAIL THAT COPY TO THE APPLICANT AS SOON AS THE CLEARANCE REFERRED TO IN RULE 22.1(A) HAS BEEN OBTAINED AND, IN ANY CASE, INCLUDING THE CASE WHERE A CHECK FOR SUCH CLEARANCE MUST BE PERFORMED, NOT LATER THAN 15 DAYS BEFORE THE EXPIRATION OF 13 MONTHS FROM THE PRIORITY DATE.

(E) WHERE THE RECEIVING OFFICE DOES NOT HOLD THE RECORD COPY AT THE DISPOSAL OF THE APPLICANT BY THE DATE FIXED IN PARAGRAPH (D), OR WHERE, AFTER HAVING ASKED FOR THE RECORD COPY TO BE MAILED TO HIM, THE APPLICANT HAS NOT RECEIVED THAT COPY AT LEAST 10 DAYS BEFORE THE EXPIRATION OF 13 MONTHS FROM THE PRIORITY DATE, THE APPLICANT MAY TRANSMIT A COPY OF HIS INTERNATIONAL APPLICATION TO THE INTERNATIONAL BUREAU.  THIS COPY ("PROVISIONAL RECORD COPY") SHALL BE REPLACED BY THE RECORD COPY OR, IF THE RECORD COPY HAS BEEN LOST, BY A SUBSTITUTE RECORD COPY CERTIFIED BY THE RECEIVING OFFICE ON THE BASIS OF THE HOME COPY, AS SOON AS PRACTICABLE AND, IN ANY CASE, BEFORE THE EXPIRATION OF 14 MONTHS FROM THE PRIORITY DATE.

22.3 TIME LIMIT UNDER ARTICLE 12(3)

(A) THE TIME LIMIT REFERRED TO IN ARTICLE 12(3) SHALL BE:

(I) WHERE THE PROCEDURE UNDER RULE 22.1 OR RULE 22.2(C) APPLIES, 14 MONTHS FROM THE PRIORITY DATE;

(II) WHERE THE PROCEDURE UNDER RULE 22.2(D) APPLIES, 13 MONTHS FROM THE PRIORITY DATE, EXCEPT THAT, WHERE A PROVISIONAL RECORD COPY IS FILED UNDER RULE 22.2(C), IT SHALL BE 13 MONTHS FROM THE PRIORITY DATE FOR THE FILING OF THE PROVISIONAL RECORD COPY, AND 14 MONTHS FROM THE PRIORITY DATE FOR THE FILING OF THE RECORD COPY.

(B) ARTICLE 48(1) AND RULE 82 SHALL NOT APPLY TO THE TRANSMITTAL OF THE RECORD COPY.  ARTICLE 48(2) REMAINS APPLICABLE.

22.4 STATISTICS CONCERNING NON-COMPLIANCE WITH RULES 22.1 AND 22.2

THE NUMBER OF INSTANCES IN WHICH, ACCORDING TO THE KNOWLEDGE OF THE INTERNATIONAL BUREAU, ANY RECEIVING OFFICE HAS NOT COMPLIED WITH THE REQUIREMENTS OF RULES 22.1 AND/OR 22.2 SHALL BE INDICATED, ONCE A YEAR, IN THE GAZETTE.

22.5 DOCUMENTS FILED WITH THE INTERNATIONAL APPLICATION

FOR THE PURPOSES OF THE PRESENT RULE, THE TERM "RECORD COPY" SHALL INCLUDE ALSO ANY DOCUMENT FILED WITH THE INTERNATIONAL APPLICATION REFERRED TO IN RULE 3.3(A)(II).  IF ANY DOCUMENT REFERRED TO IN RULE 3.3(A)(II) WHICH IS INDICATED IN THE CHECK LIST AS ACCOMPANYING THE INTERNATIONAL APPLICATION IS NOT, IN FACT, FILED AT THE LATEST BY THE TIME THE RECORD COPY LEAVES THE RECEIVING OFFICE, THAT OFFICE SHALL SO NOTE ON THE CHECK LIST AND THE SAID INDICATION SHALL BE CONSIDERED AS IF IT HAS NOT BEEN MADE.

RULE 23 TRANSMITTAL OF THE SEARCH COPY

23.1 PROCEDURE

(A) THE SEARCH COPY SHALL BE TRANSMITTED BY THE RECEIVING OFFICE TO THE INTERNATIONAL SEARCHING AUTHORITY AT THE LATEST ON THE SAME DAY AS THE RECORD COPY IS TRANSMITTED TO THE INTERNATIONAL BUREAU OR, UNDER RULE 22.2(D), TO THE APPLICANT.

(B) IF THE INTERNATIONAL BUREAU HAS NOT RECEIVED, WITHIN 10 DAYS FROM THE RECEIPT OF THE RECORD COPY, INFORMATION FROM THE INTERNATIONAL SEARCHING AUTHORITY THAT THAT AUTHORITY IS IN POSSESSION OF THE SEARCH COPY, THE INTERNATIONAL BUREAU SHALL PROMPTLY TRANSMIT A COPY OF THE INTERNATIONAL APPLICATION TO THE INTERNATIONAL SEARCHING AUTHORITY.  UNLESS THE INTERNATIONAL SEARCHING AUTHORITY HAS ERRED IN ALLEGING THAT IT WAS NOT IN POSSESSION OF THE SEARCH COPY BY THE EXPIRATION OF THE 13TH MONTH FROM THE PRIORITY DATE, THE COST OF MAKING A COPY FOR THAT AUTHORITY SHALL BE REIMBURSED BY THE RECEIVING OFFICE TO THE INTERNATIONAL BUREAU.

(C) THE NUMBER OF INSTANCES IN WHICH, ACCORDING TO THE KNOWLEDGE OF THE INTERNATIONAL BUREAU, ANY RECEIVING OFFICE HAS NOT COMPLIED WITH THE REQUIREMENT OF RULE 23.1(A) SHALL BE INDICATED, ONCE A YEAR, IN THE GAZETTE.

RULE 24 RECEIPT OF THE RECORD COPY BY THE INTERNATIONAL BUREAU

24.1 RECORDING OF DATE OF RECEIPT OF THE RECORD COPY

THE INTERNATIONAL BUREAU SHALL, UPON RECEIPT OF THE RECORD COPY, MARK ON THE REQUEST SHEET THE DATE OF RECEIPT AND ON ALL SHEETS OF THE INTERNATIONAL APPLICATION THE STAMP OF THE INTERNATIONAL BUREAU.

24.2 NOTIFICATION OF RECEIPT OF THE RECORD COPY

(A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B), THE INTERNATIONAL BUREAU SHALL PROMPTLY NOTIFY THE APPLICANT, THE RECEIVING OFFICE, THE INTERNATIONAL SEARCHING AUTHORITY, AND ALL DESIGNATED OFFICES, OF THE FACT AND THE DATE OF RECEIPT OF THE RECORD COPY.  THE NOTIFICATION SHALL IDENTIFY THE INTERNATIONAL APPLICATION BY ITS NUMBER, THE INTERNATIONAL FILING DATE, THE NAME OF THE APPLICANT, AND THE NAME OF THE RECEIVING OFFICE, AND SHALL INDICATE THE FILING DATE OF ANY EARLIER APPLICATION WHOSE PRIORITY IS CLAIMED.  THE NOTIFICATION SENT TO THE APPLICANT SHALL ALSO CONTAIN THE LIST OF THE DESIGNATED OFFICES WHICH HAVE BEEN NOTIFIED UNDER THIS PARAGRAPH, AND SHALL, IN RESPECT OF EACH DESIGNATED OFFICE, INDICATE ANY APPLICABLE TIME LIMIT UNDER ARTICLE 22(3).

(B) IF THE RECORD COPY IS RECEIVED AFTER THE EXPIRATION OF THE TIME LIMIT FIXED IN RULE 22.3, THE INTERNATIONAL BUREAU SHALL PROMPTLY NOTIFY THE APPLICANT, THE RECEIVING OFFICE, AND THE INTERNATIONAL SEARCHING AUTHORITY, ACCORDINGLY.

RULE 25 RECEIPT OF THE SEARCH COPY BY THE INTERNATIONAL SEARCHING AUTHORITY

25.1 NOTIFICATION OF RECEIPT OF THE SEARCH COPY

THE INTERNATIONAL SEARCHING AUTHORITY SHALL PROMPTLY NOTIFY THE INTERNATIONAL BUREAU, THE APPLICANT, AND - UNLESS THE INTERNATIONAL SEARCHING AUTHORITY IS THE SAME AS THE RECEIVING OFFICE - THE RECEIVING OFFICE, OF THE FACT AND THE DATE OF RECEIPT OF THE SEARCH COPY.

RULE 26 CHECKING AND CORRECTING CERTAIN ELEMENTS OF THE INTERNATIONAL APPLICATION

26.1 TIME LIMIT FOR CHECK

(A) THE RECEIVING OFFICE SHALL ISSUE THE INVITATION TO CORRECT PROVIDED FOR IN ARTICLE 14(1)(B) AS SOON AS POSSIBLE, PREFERABLY WITHIN 1 MONTH FROM THE RECEIPT OF THE INTERNATIONAL APPLICATION.

(B) IF THE RECEIVING OFFICE ISSUES AN INVITATION TO CORRECT THE DEFECT REFERRED TO IN ARTICLE 14(1)(A)(III) OR (IV) (MISSING TITLE OR MISSING ABSTRACT), IT SHALL NOTIFY THE INTERNATIONAL SEARCHING AUTHORITY ACCORDINGLY.

26.2 TIME LIMIT FOR CORRECTION

THE TIME LIMIT REFERRED TO IN ARTICLE 14(1)(B) SHALL BE REASONABLE UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE AND SHALL BE FIXED IN EACH CASE BY THE RECEIVING OFFICE.  IT SHALL NOT BE LESS THAN 1 MONTH AND NORMALLY NOT MORE THAN 2 MONTHS FROM THE DATE OF THE INVITATION TO CORRECT.

26.3 CHECKING OF PHYSICAL REQUIREMENTS UNDER ARTICLE 14(1)(A)(V)

THE PHYSICAL REQUIREMENTS REFERRED TO IN RULE 11 SHALL BE CHECKED TO THE EXTENT THAT COMPLIANCE THEREWITH IS NECESSARY FOR THE PURPOSE OF REASONABLY UNIFORM INTERNATIONAL PUBLICATION.

26.4 PROCEDURE

(A) ANY CORRECTION OFFERED TO THE RECEIVING OFFICE MAY BE STATED IN A LETTER ADDRESSED TO THAT OFFICE IF THE CORRECTION IS OF SUCH A NATURE THAT IT CAN BE TRANSFERRED FROM THE LETTER TO THE RECORD COPY WITHOUT ADVERSELY AFFECTING THE CLARITY AND THE DIRECT REPRODUCIBILITY OF THE SHEET ON TO WHICH THE CORRECTION IS TO BE TRANSFERRED; OTHERWISE, THE APPLICANT SHALL BE REQUIRED TO SUBMIT A REPLACEMENT SHEET EMBODYING THE CORRECTION AND THE LETTER ACCOMPANYING THE REPLACEMENT SHEET SHALL DRAW ATTENTION TO THE DIFFERENCES BETWEEN THE REPLACED SHEET AND THE REPLACEMENT SHEET.

(B) THE RECEIVING OFFICE SHALL MARK ON EACH REPLACEMENT SHEET THE INTERNATIONAL APPLICATION NUMBER, THE DATE ON WHICH IT WAS RECEIVED, AND THE STAMP IDENTIFYING THE OFFICE.  IT SHALL KEEP IN ITS FILES A COPY OF THE LETTER CONTAINING THE CORRECTION OR, WHEN THE CORRECTION IS CONTAINED IN A REPLACEMENT SHEET, THE REPLACED SHEET, THE LETTER ACCOMPANYING THE REPLACEMENT SHEET, AND A COPY OF THE REPLACEMENT SHEET.

(C) THE RECEIVING OFFICE SHALL PROMPTLY TRANSMIT THE LETTER AND ANY REPLACEMENT SHEET TO THE INTERNATIONAL BUREAU.  THE INTERNATIONAL BUREAU SHALL TRANSFER TO THE RECORD COPY THE CORRECTIONS REQUESTED IN A LETTER, TOGETHER WITH THE INDICATION OF THE DATE OF ITS RECEIPT BY THE RECEIVING OFFICE, AND SHALL INSERT ANY REPLACEMENT SHEET IN THE RECORD COPY.  THE LETTER AND ANY REPLACED SHEET SHALL BE KEPT IN THE FILES OF THE INTERNATIONAL BUREAU.

(D) THE RECEIVING OFFICE SHALL PROMPTLY TRANSMIT A COPY OF THE LETTER AND ANY REPLACEMENT SHEET TO THE INTERNATIONAL SEARCHING AUTHORITY.

26.5 CORRECTION OF CERTAIN ELEMENTS

(A) THE RECEIVING OFFICE SHALL DECIDE WHETHER THE APPLICANT HAS SUBMITTED THE CORRECTION WITHIN THE PRESCRIBED TIME LIMIT.  IF THE CORRECTION HAS BEEN SUBMITTED WITHIN THE PRESCRIBED TIME LIMIT, THE RECEIVING OFFICE SHALL DECIDE WHETHER THE INTERNATIONAL APPLICATION SO CORRECTED IS OR IS NOT TO BE CONSIDERED WITHDRAWN.

(B) THE RECEIVING OFFICE SHALL MARK ON THE PAPERS CONTAINING THE CORRECTION THE DATE ON WHICH IT RECEIVED SUCH PAPERS.

26.6 MISSING DRAWINGS

(A) IF, AS PROVIDED IN ARTICLE 14(2), THE INTERNATIONAL APPLICATION REFERS TO DRAWINGS WHICH IN FACT ARE NOT INCLUDED IN THAT APPLICATION, THE RECEIVING OFFICE SHALL SO INDICATE IN THE SAID APPLICATION.

(B) THE DATE ON WHICH THE APPLICANT RECEIVES THE NOTIFICATION PROVIDED FOR IN ARTICLE 14(2) SHALL HAVE NO EFFECT ON THE TIME LIMIT FIXED UNDER RULE 20.2(A)(III).

RULE 27 LACK OF PAYMENT OF FEES

27.1 FEES

(A) FOR THE PURPOSES OF ARTICLE 14(3)(A), "FEES PRESCRIBED UNDER ARTICLE 3(4)(IV)" MEANS: THE TRANSMITTAL FEE (RULE 14), THE BASIC FEE PART OF THE INTERNATIONAL FEE (RULE 15.1(I)), AND THE SEARCH FEE (RULE 16).

(B) FOR THE PURPOSES OF ARTICLE 14(3)(A) AND (B), "THE FEE PRESCRIBED UNDER ARTICLE 4(2)" MEANS THE DESIGNATION FEE PART OF THE INTERNATIONAL FEE (RULE 15.1(II)).

RULE 28 DEFECTS NOTED BY THE INTERNATIONAL BUREAU OR THE INTERNATIONAL SEARCHING AUTHORITY

28.1 NOTE ON CERTAIN DEFECTS

(A) IF, IN THE OPINION OF THE INTERNATIONAL BUREAU OR OF THE INTERNATIONAL SEARCHING AUTHORITY, THE INTERNATIONAL APPLICATION CONTAINS ANY OF THE DEFECTS REFERRED TO IN ARTICLE 14(1)(A)(I), (II), OR (V), THE INTERNATIONAL BUREAU OR THE INTERNATIONAL SEARCHING AUTHORITY, RESPECTIVELY, SHALL BRING SUCH DEFECTS TO THE ATTENTION OF THE RECEIVING OFFICE.

(B) THE RECEIVING OFFICE SHALL, UNLESS IT DISAGREES WITH THE SAID OPINION, PROCEED AS PROVIDED IN ARTICLE 14(1)(B) AND RULE 26.

RULE 29 INTERNATIONAL APPLICATIONS OR DESIGNATIONS CONSIDERED WITHDRAWN UNDER ARTICLE 14(1), (3) OR (4)

29.1 FINDING BY RECEIVING OFFICE

(A) IF THE RECEIVING OFFICE DECLARES, UNDER ARTICLE 14(1)(B) AND RULE 26.5 (FAILURE TO CORRECT CERRAIN 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 FINDING BY DESIGNATED OFFICE

WHERE THE EFFECT OF THE INTERNATIONAL APPLICATION CEASES IN ANY DESIGNATED STATE BY VIRTUE OF ARTICLE 24(1)(III), OR WHERE SUCH EFFECT IS MAINTAINED IN ANY DESIGNATED STATE BY VIRTUE OF ARTICLE 24(2), THE COMPETENT DESIGNATED OFFICE SHALL PROMPTLY NOTIFY THE INTERNATIONAL BUREAU ACCORDINGLY.

29.3 CALLING CERTAIN FACTS TO THE ATTENTION OF THE RECEIVING OFFICE

IF THE INTERNATIONAL BUREAU OR THE INTERNATIONAL SEARCHING AUTHORITY CONSIDERS THAT THE RECEIVING OFFICE SHOULD MAKE A FINDING UNDER ARTICLE 14(4), IT SHALL CALL THE RELEVANT FACTS TO THE ATTENTION OF THE RECEIVING OFFICE.

29.4 NOTIFICATION OF INTENT TO MAKE DECLARATION UNDER ARTICLE 14(4)

BEFORE THE RECEIVING OFFICE ISSUES ANY DECLARATION UNDER ARTICLE 14(4), IT SHALL NOTIFY THE APPLICANT OF ITS INTENT TO ISSUE SUCH DECLARATION AND THE REASONS THEREFOR.  THE APPLICANT MAY, IF HE DISAGREES WITH THE TENTATIVE FINDING OF THE RECEIVING OFFICE, SUBMIT ARGUMENTS TO THAT EFFECT WITHIN 1 MONTH FROM THE NOTIFICATION.

RULE 30 TIME LIMIT UNDER ARTICLE 14(4)

30.1 TIME LIMIT

THE TIME LIMIT REFERRED TO IN ARTICLE 14(4) SHALL BE 6 MONTHS FROM THE INTERNATIONAL FILING DATE.

RULE 31 COPIES REQUIRED UNDER ARTICLE 13

31.1 REQUEST FOR COPIES

(A) REQUESTS UNDER ARTICLE 13(1) MAY RELATE TO ALL, SOME KINDS OF, OR INDIVIDUAL INTERNATIONAL APPLICATIONS IN WHICH THE NATIONAL OFFICE MAKING THE REQUEST IS DESIGNATED.  REQUESTS FOR ALL OR SOME KINDS OF SUCH INTERNATIONAL APPLICATIONS MUST BE RENEWED FOR EACH YEAR BY MEANS OF A NOTIFICATION ADDRESSED BY THAT OFFICE BEFORE NOVEMBER 30 OF THE PRECEDING YEAR TO THE INTERNATIONAL BUREAU.

(B) REQUESTS UNDER ARTICLE 13(2)(B) SHALL BE SUBJECT TO THE PAYMENT OF A FEE COVERING THE COST OF PREPARING AND MAILING THE COPY.

31.2 PREPARATION OF COPIES

THE PREPARATION OF COPIES REQUIRED UNDER ARTICLE 13 SHALL BE THE RESPONSIBILITY OF THE INTERNATIONAL BUREAU.

RULE 32 WITHDRAWAL OF THE INTERNATIONAL APPLICATION OR 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, IF THE RECORD COPY HAS NOT YET BEEN SENT TO THE INTERNATIONAL BUREAU, TO THE RECEIVING OFFICE.  IN THE CASE OF RULE 4.8(B), THE NOTICE SHALL REQUIRE THE SIGNATURE OF ALL THE APPLICANTS.

(D) WHERE THE RECORD COPY HAS ALREADY BEEN SENT TO THE INTERNATIONAL BUREAU, THE FACT OF WITHDRAWAL, TOGETHER WITH THE DATE OF RECEIPT OF THE NOTICE EFFECTING WITHDRAWAL, SHALL BE RECORDED BY THE INTERNATIONAL BUREAU AND PROMPTLY NOTIFIED BY IT TO THE RECEIVING OFFICE, THE APPLICANT, THE DESIGNATED OFFICES AFFECTED BY THE WITHDRAWAL, AND, WHERE THE WITHDRAWAL CONCERNS THE INTERNATIONAL APPLICATION AND WHERE THE INTERNATIONAL SEARCH REPORT OR THE DECLARATION REFERRED TO IN ARTICLE 17(2)(A) HAS NOT YET ISSUED, THE INTERNATIONAL SEARCHING AUTHORITY.

RULE 33 RELEVANT PRIOR ART FOR THE INTERNATIONAL SEARCH

33.1 RELEVANT PRIOR ART FOR THE INTERNATIONAL SEARCH

(A) FOR THE PURPOSES OF ARTICLE 15(2), RELEVANT PRIOR ART SHALL CONSIST OF EVERYTHING WHICH HAS BEEN MADE AVAILABLE TO THE PUBLIC ANYWHERE IN THE WORLD BY MEANS OF WRITTEN DISCLOSURE (INCLUDING DRAWINGS AND OTHER ILLUSTRATIONS) AND WHICH IS CAPABLE OF BEING OF ASSISTANCE IN DETERMINING THAT THE CLAIMED INVENTION IS OR IS NOT NEW AND THAT IT DOES OR DOES NOT INVOLVE AN INVENTIVE STEP (I.E., THAT IT IS OR IS NOT OBVIOUS), PROVIDED THAT THE MAKING AVAILABLE TO THE PUBLIC OCCURRED PRIOR TO THE INTERNATIONAL FILING DATE.

(B) WHEN ANY WRITTEN DISCLOSURE REFERS TO AN ORAL DISCLOSURE, USE, EXHIBITION, OR OTHER MEANS WHEREBY THE CONTENTS OF THE WRITTEN DISCLOSURE WERE MADE AVAILABLE TO THE PUBLIC, AND SUCH MAKING AVAILABLE TO THE PUBLIC OCCURRED ON A DATE PRIOR TO THE INTERNATIONAL FILING DATE, THE INTERNATIONAL SEARCH REPORT SHALL SEPARATELY MENTION THAT FACT AND THE DATE ON WHICH IT OCCURRED IF THE MAKING AVAILABLE TO THE PUBLIC OF THE WRITTEN DISCLOSURE OCCURRED ON A DATE POSTERIOR TO THE INTERNATIONAL FILING DATE.