sou · GRB366d2 · 2004-01-01 00:00:00 — vi)begäran om införing, eller avförande av registrering, av säkerhetsrätt, vii)begäran om rättelse av misstag. [Avvikelser som avses i regel 3.2 i)] Generalförsamlingen skall fastställa sådana avvikelser från patentsam- arbetskonventionens ansöknings- formulär som avses i regel 3.2 i). [Förslag av Internationella byrån] Internationella byrån skall förelägga generalförsamlingen förslag om: i)fastställande av internationell blan- kettstandard som avses i punkt 1, ii)de avvikelser från patentsamarbets- konventionens ansökningsformulär som avses i punkt 2. Krav på enhällighet enligt artikel 14.3 Beslut om att anta eller göra ändringar i följande regler skall kräva enhällighet: i)Regler med stöd av artikel 5.1 a). ii)Regler med stöd av artikel 6.1 iii). iii)Regler med stöd av artikel 6.3. iv)Regler med stöd av artikel 7.2a) iii). v)Regel 8.1 a. vi)Denna regel. Utdrag ur patentsamarbetskonven- tionen (PCT) i dess lydelse efter 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 30* months from the priority date. Where the national law of the designated State requires the indication of the name of and other prescribed data concerning the inventor but allows that these indications be furnished at a time later than that of the filing of a national application, the applicant shall, unless they were contained in the request, furnish the said indications to the national Office of or acting for the State not later than at the expiration of 30* months from the priority date. (2)Where the International Searching Authority makes a declaration, under Article 17(2)(a), that no international search report will be established, the time limit for performing the acts referred to in paragraph (1) of this Article shall be the same as that provided for in paragraph (1). (3)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. Rules 4.17, – Declarations Relating to National Requirements Referred to in Rule 51bis.1(a)(i) to (v) The request may, for the purposes of the national law applicable in one or more designated States, contain one or more of the following declarations, worded as prescribed by the Administrative Instructions: (i)a declaration as to the identity of the inventor, as referred to in Rule 51bis.1(a)(i); (ii)a declaration as to the applicants entitlement, as at the international filing date, to apply for and be granted a patent, as referred to in Rule 51bis.1(a)(ii); (iii)a declaration as to the applicants entitlement, as at the international filing date, to claim priority of the earlier application, as referred to in Rule 51bis.1(a)(iii); (iv)a declaration of inventorship, as referred to in Rule 51bis.1(a)(iv), which shall be signed as prescribed by the Administrative Instructions; (v)a declaration as to non-prejudicial disclosures or exceptions to lack of novelty, as referred to in Rule 51bis.1(a)(v). 4.18 – Additional Matter (a)The request shall contain no matter other than that specified in Rules 4.1 to 4.17, provided that the Administrative Instructions may permit, but cannot make mandatory, the inclusion in the request of any additional matter specified in the Administrative Instructions. (b)If the request contains matter other than that specified in Rules 4.1 to 4.17 or permitted under paragraph (a) by the Administrative Instructions, the receiving Office shall ex officio delete the additional matter. Rule 26ter – Correction or Addition of Declarations Under Rule 4.17 26ter.1 – Correction or Addition of Declarations The applicant may correct or add to the request any declaration referred to in Rule 4.17 by a notice submitted to the within a time limit of 16 months from the priority date, provided that any notice which is received by the after the expiration of that time limit shall be considered to have been received on the last day of that time limit if it reaches it before the technical preparations for international publication have been completed. 26ter.2 – Processing of Declarations (a)Where the receiving Office or the finds that any declaration referred to in Rule 4.17 is not worded as required or, in the case of the declaration of inventorship referred to in Rule 4.17(iv), is not signed as required, the receiving Office or the , as the case may be, may invite the applicant to correct the declaration within a time limit of 16 months from the priority date. (b)Where the receives any declaration or correction under Rule 26ter.1 after the expiration of the time limit under Rule 26ter.1, the shall notify the applicant accordingly and shall proceed as provided for in the Administrative Instructions. Rule 47.1 – Procedure (a) The communication provided for in Article 20 shall be effected by the . (a-bis) shall notify each designated Office, at the time of the communication provided for in Article 20, of the fact and date of receipt of the record copy and of the fact and date of receipt of any priority document. Such notification shall also be sent to any designated Office which has waived the communication provided for in Article 20, unless such Office has also waived the notification of its designation. (a-ter) The notification under paragraph (a-bis) shall include any declaration referred to in Rule 4.17(i) to (iv), and any correction thereof under Rule 26ter.1, which was received by the before the expiration of the time limit under Rule 26ter.1, provided that the designated Office has informed the that the applicable national law requires the furnishing of documents or evidence relating to the matter to which the declaration relates. (b)Such communication shall be effected promptly after the international publication of the international application and, in any event, by the end of the 19th month after the priority date. amendment received by the within the time limit under Rule 46.1 which was not included in the communication shall be communicated promptly to the designated Offices by the , and the latter shall notify the applicant accordingly. (c)shall send a notice to the applicant indicating the designated Offices to which the communication has been effected and the date of such communication. Such notice shall be sent on the same day as the communication. Each designated Office shall be informed, separately from the communication, about the sending and the date of of the notice. The notice shall be accepted by all designated Offices as conclusive evidence that the communication has duly taken place on the date specified in the notice. (d)Each designated Office shall, when it so requires, receive the international search reports and the declarations referred to in Article 17(2)(a) also in the translation referred to in Rule 45.1. (e)Where any designated Office has waived the requirement provided under Article 20, the copies of the documents which otherwise would have been sent to that Office shall, at the request of that Office or the applicant, be sent to the applicant at the time of the notice referred to in paragraph (c). Rule 48.2 – Contents (a)The pamphlet shall contain: (i)a standardized front page, (ii)the description, (iii)the claims, (iv)the drawings, if any, (v)subject to paragraph (g), the international search report or the declaration under Article 17(2)(a); the publication of the international search report in the pamphlet shall, however, not be required to include the part of the international search report which contains only matter referred to in Rule 43 already appearing on the front page of the pamphlet, (vi)any statement filed under Article 19(1), unless the finds that the statement does not comply with the provisions of Rule 46.4, (vii)any request for rectification referred to in the third sentence of Rule 91.1(f), (viii)the relevant data from any indications in relation to deposited biological material furnished under Rule 13bis separately from the description, together with an indication of the date on which the received such indications, (ix)any information concerning a priority claim considered not to have been made under Rule 26bis.2(b), the publication of which is requested under Rule 26bis.2(c). (x)any declaration referred to in Rule 4.17(v), and any correction thereof under Rule 26ter.1, which was received by the before the expiration of the time limit under Rule 26ter.1. (b)Subject to paragraph (c), the front page shall include: (i)data taken from the request sheet and such other data as are prescribed by the Administrative Instructions, (ii)a figure or figures where the international application contains drawings, unless Rule 8.2(b) applies, (iii)the abstract; if the abstract is both in English and in another language, the English text shall appear first, (iv)an indication that the request contains any declaration referred to in Rule 4.17 which was received by the before the expiration of the time limit under Rule 26ter.1. (c)Where a declaration under Article 17(2)(a) has issued, the front page shall conspicuously refer to that fact and need include neither a drawing nor an abstract. (d)The figure or figures referred to in paragraph (b)(ii) shall be selected as provided in Rule 8.2. Reproduction of such figure or figures on the front page may be in a reduced form. (e)If there is not enough room on the front page for the totality of the abstract referred to in paragraph (b)(iii), the said abstract shall appear on the back of the front page. The same shall apply to the translation of the abstract when such translation is required to be published under Rule 48.3(c). (f)If the claims have been amended under Article 19, the publication shall contain either the full text of the claims both as filed and as amended or the full text of the claims as filed and specify the amendments. statement referred to in Article 19(1) shall be included as well, unless the finds that the statement does not comply with the provisions of Rule 46.4. The date of receipt of the amended claims by the shall be indicated. (g)If, at the time of the completion of the technical preparations for international publication, the international search report is not yet available (for example, because of publication on the request of the applicant as provided in Articles 21(2)(b) and 64(3)(c)(i)), the pamphlet shall contain, in place of the international search report, an indication to the effect that that report was not available and that either the pamphlet (then also including the international search report) will be republished or the international search report (when it becomes available) will be separately published. (h)If, at the time of the completion of the technical preparations for international publication, the time limit for amending the claims under Article 19 has not expired, the pamphlet shall refer to that fact and indicate that, should the claims be amended under Article 19, then, promptly after such amendments, either the pamphlet (containing the claims as amended) will be republished or a statement reflecting all the amendments will be published. In the latter case, at least the front page and the claims shall be republished and, if a statement under Article 19(1) has been filed, that statement shall be published as well, unless the finds that the statement does not comply with the provisions of Rule 46.4. (i) The Administrative Instructions shall determine the cases in which the various alternatives referred to in paragraphs (g) and (h) shall apply. Such determination shall depend on the volume and complexity of the amendments and/or the volume of the international application and the cost factors Rule 51bis – Requirements Allowed Under Article 27 (a) Subject to Rule 51bis.2, the national law applicable by the designated Office may, in accordance with Article 27, require the applicant to furnish, in particular: (i)any document relating to the identity of the inventor, (ii)any document relating to the applicants entitlement to apply for or be granted a patent, (iii)any document containing any proof of the applicants entitlement to claim priority of an earlier application where the applicant is not the applicant who filed the earlier application or where the applicants name has changed since the date on which the earlier application was filed, (iv)where the international application designates a State whose national law requires that national applications be filed by the inventor, any document containing an oath or declaration of inventorship, (v)any evidence concerning non-prejudicial disclosures or exceptions to lack of novelty, such as disclosures resulting from abuse, disclosures at certain exhibitions and disclosures by the applicant during a certain period of time. (b)The national law applicable by the designated Office may, in accordance with Article 27(7), require that (i)the applicant be represented by an agent having the right to represent applicants before that Office and/or have an address in the designated State for the purpose of receiving notifications, (ii)the agent, if any, representing the applicant be duly appointed by the applicant. (c)The national law applicable by the designated Office may, in accordance with Article 27(1), require that the international application, the translation thereof or any document relating thereto be furnished in more than one copy. (d)The national law applicable by the designated Office may, in accordance with Article 27(2)(ii), require that the translation of the international application furnished by the applicant under Article 22 be: (i)verified by the applicant or the person having translated the international application in a statement to the effect that, to the best of his knowledge, the translation is complete and faithful; (ii)certified by a public authority or sworn translator, but only where the designated Office may reasonably doubt the accuracy of the translation. (e)The national law applicable by the designated Office may, in accordance with Article 27, require the applicant to furnish a translation of the priority document, provided that such a translation may only be required where the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable. (f)If, on 17, 2000, the proviso in paragraph (e) is not compatible with the national law applied by the designated Office, that proviso shall not apply in respect of that Office for as long as that proviso continues not to be compatible with that law, provided that the said Office informs the accordingly by , 2000. The information received shall be promptly published by the in the Gazette. 51bis.2 – Certain Circumstances in Which Documents or Evidence Required (a)Where the applicable national law does not require that national applications be filed by the inventor, the designated Office shall not, unless it may reasonably doubt the veracity of the indications or declaration concerned, require any document or evidence: (i)relating to the identity of the inventor (Rule 51bis.1(a)(i)), if indications concerning the inventor, in accordance with Rule 4.6, are contained in the request or if a declaration as to the identity of the inventor, in accordance with Rule 4.17(i), is contained in the request or is submitted directly to the designated Office; (ii)relating to the applicants entitlement, as at the international filing date, to apply for and be granted a patent (Rule 51bis.1(a)(ii)), if a declaration as to that matter, in accordance with Rule 4.17(ii), is contained in the request or is submitted directly to the designated Office; (iii)relating to the applicants entitlement, as at the international filing date, to claim priority of an earlier application (Rule 51bis.1(a)(iii)), if a declaration as to that matter, in accordance with Rule 4.17(iii), is contained in the request or is submitted directly to the designated Office. (b)Where the applicable national law requires that national applications be filed by the inventor, the designated Office shall not, unless it may reasonably doubt the veracity of the indications or declaration concerned, require any document or evidence: (i)relating to the identity of the inventor (Rule 51bis.1(a)(i)) (other than a document containing an oath or declaration of inventorship (Rule 51bis.1(a)(iv))), if indications concerning the inventor, in accordance with Rule 4.6, are contained in the request; (ii)relating to the applicants entitlement, as at the international filing date, to claim priority of an earlier application (Rule 51bis.1(a)(iii)), if a declaration as to that matter, in accordance with Rule 4.17(iii), is contained in the request or is submitted directly to the designated Office; (iii)containing an oath or declaration of inventorship (Rule 51bis.1(a)(iv)), if a declaration of inventorship, in accordance with Rule 4.17(iv), is contained in the request or is submitted directly to the designated Office. (c) If, on 17, 2000, paragraph (a) is not compatible, in relation to any item of that paragraph, with the national law applied by the designated Office, paragraph (a) shall not apply in respect of that Office in relation to that item for as long as it continues not to be compatible with that law, provided that the said Office informs the accordingly by , 2000. The information received shall be promptly published by the in the Gazette. 51bis.3 – Opportunity to Comply with National Requirements (a)Where any of the requirements referred to in Rule 51bis.1(a)(i) to (iv) and (c) to (e), or any other requirement of the national law applicable by the designated Office which that Office may apply in accordance with Article 27(1) or (2), is not already fulfilled during the same period within which the requirements under if Article 22 must be complied with, the designated Office circumstances,shall invite the applicant to comply with the requirement within a time limit which shall innot be less than two months from the date of the invitation. Each designated Office may require that the applicant pay a fee for complying with national requirements in response to the invitation. (b)Where any requirement of the national law applicable by the designated Office which that Office may apply in accordance with Article 27(6) or (7) is not already fulfilled during the same period within which the requirements under Article 22 must be complied with, the applicant shall have an opportunity to comply with the requirement after the expiration of that period. (c)If, on 17, 2000, paragraph (a) is not compatible with the national law applied by the designated Office in relation to the time limit referred to in that paragraph, the said paragraph shall not apply in respect of that Office in relation to that time limit for as long as the said paragraph continues not to be compatible with that law, provided that the said Office informs the accordingly by , 2000. The information received shall be promptly published by the in the Gazette. Section 211 (New) – Declaration as to the Identity of the Inventor (a) declaration as to the identity of the inventor, referred to in Rule 4.17(i), shall be worded as follows: Declaration as to the identity of the inventor (Rules 4.17(i) and 51bis.1(a)(i)): in relation to [this] international application [No. PCT/], (i) (name) of (address) is the inventor of the subject matter for which protection is sought by way of [the] [this] international application (ii)this declaration is made for the purposes of (include as applicable): (a)all designations [except the designation of the of ] (b)the following designations for national and/or regional patents: (b)This declaration need not be made if the name and address of the inventor are otherwise indicated in the request. (c)This declaration may, where applicable, be combined, in accordance with Section 212(b), with the declaration referred to in Section 212(a). Section 212 (New) – Declaration as to the Applicants Entitlement to Apply for and Be Granted a Patent (a) declaration as to the applicants entitlement, as at the international filing date, to apply for and be granted a patent, referred to in Rule 4.17(ii), shall be worded as follows, with such inclusion, omission, repetition and re-ordering of the matters listed as items (i) to (viii) as is necessary to explain the applicants entitlement: Declaration as to the applicants entitlement, as at the international filing date, to apply for and be granted a patent (Rules 4.17(ii) and 51bis.1(a)(ii)), in a case where the declaration under Rule 4.17(iv) is not appropriate: in relation to [this] international application [No. PCT/], (name) is entitled to apply for and be granted a patent by virtue of the following: (i) (name) of (address) is the inventor of the subject matter for which protection is sought by way of [the] [this] international application (ii) (name) [is] [was] entitled as employer of the inventor, (inventors name) (iii)an agreement between (name) and (name), dated (iv)an assignment from (name) to (name), dated (v)consent from (name) in favor of (name), dated (vi)a court order issued by (name of court), effecting a transfer from (name) to (name), dated (vii)transfer of entitlement from (name) to (name) by way of (specify kind of transfer), dated (viii)the applicants name changed from (name) to (name) on (date) (ix)this declaration is made for the purposes of (include as applicable): (a)all designations [except the designation of the of ] (b)the following designations for national and/or regional patents: (b)The declaration referred to in paragraph (a) may, where applicable, be combined with the declaration referred to in Section 211(a), in which case the introductory phrase shall be worded as follows and the remainder of the combined declaration shall be worded as prescribed in paragraph (a): Combined declaration as to the applicants entitlement, as at the international filing date, to apply for and be granted a patent (Rules 4.17(ii) and 51bis.1(a)(ii)) and as to the identity of the inventor (Rules 4.17(i) and 51bis.1(a)(i)), in a case where the declaration under Rule 4.17(iv) is not appropriate: Section 213 (New) – Declaration as to the Applicants Entitlement to Claim Priority of Earlier Application declaration as to the applicants entitlement, as at the international filing date, to claim priority of the earlier application, referred to in Rule 4.17(iii), shall be worded as follows, with such inclusion, omission, repetition and re-ordering of the matters listed as items (i) to (viii) as is necessary to explain the applicants entitlement: Declaration as to the applicants entitlement, as at the inter- national filing date, to claim the priority of the earlier applica- tion specified below, where the applicant is not the applicant who filed the earlier application or where the applicants name has changed since the filing of the earlier application (Rules 4.17(iii) and 51bis.1(a)(iii)): in relation to [this] international application [No. PCT/], (name) is entitled to claim priority of earlier application No. by virtue of the following: (i)the applicant is the inventor of the subject matter for which protection was sought by way of the earlier application (ii) (name) [is] [was] entitled as employer of the inventor, (inventors name) (iii) an agreement between (name) and (name), dated (iv)an assignment from (name) to (name), dated (v)consent from (name) in favor of (name), dated (vi)a court order, issued by . (name of court), effecting a transfer from (name) to (name), dated (vii)transfer of entitlement from (name) to (name) by way of (specify kind of transfer), dated