E
PCT/A/VI/5

WIPO

ORIGINAL: English/French
DATE: October 10, 1980

WORLD INTELLECTUAL PROPERTY ORGANIZATIONGENEVAINTERNATIONAL PATENT COOPERATION UNION(PCT UNION)ASSEMBLY
Sixth Session (4th Extraordinary)
Geneva, September 22 to 26, 1980

REPORT

Adopted by the Assembly

Opening of the Session
1.

See the General Report, Chapter I (document AB/XI/9).

Agenda2.

See the General Report, Chapter II (document AB/XI/9).

PCT Regulations
3.

Discussions were based on documents PCT/A/VI/2 and 2.Corr.

4.
The Assembly, having noted its decision taken at its fifth session (third extraordinary)held in Geneva, from June 9 to 16, 1980, to adopt at its present session the amendments toRule 22.3 considered at the said fifth session, adopted the amendment to paragraph (a) of thesaid Rule contained in the Annex to document PCT/A/VI/2, as modified by document
PCT/A/VI/2.Corr., and deleted paragraph (b) of the said Rule. The amendments and deletionappear in the Annex to this Report.
5.
The Assembly, taking into account the conclusion reached at the said fifth session as tothe need to amend Rule 22.2(e) as a consequence of the amendment of Rule 22.3(a) , adopted

PCT/A/VI/5
page 2the amendment to Rule 22.2(e) contained in the Annex to document PCT/A/VI/2. The
amendment appears in the Annex to this Report.
6.
The Assembly, noting the views expressed at its said fifth session as to the desirabilityof ensuring that Rule 82 would apply to mailings by a national Office or intergovernmentalorganization and, in particular, to the transmittal of the record copy by the receiving Officeand taking into account the interpretation which should be given to Rules 82.1(a) and 82.2(a)(following upon the deletion of Rule 22.3(b) and the references thereto in Rules 82.1(a)and 82.2(a) as set out in paragraphs 7 and 8 of document PCT/A/VI/2, adopted theamendments to the said Rules contained in the Annex to the said document. The amendments
appear in the Annex to this Report.
7.
The Assembly decided that the amendments and the deletion, referred to in paragraphs 4
to 6, above, shall enter into effect on January 1, 1981.
8.
Furthermore, the Assembly, having endorsed the interpretation given by theInternational Bureau to Rule 80.6(b) adopted by the Assembly at its said fifth session, as set
out in paragraph 11 of document PCT/A/VI/2, amended the first sentence thereof, with a view
to avoiding doubts as to its effect, by adding the words “the second sentence of” before thereference therein to “paragraph (a).” The Assembly decided that the said amendment should
enter into effect on the same day as the said Rule 80.6(b), namely, October 1, 1980. The
amendment appears in the Annex to this Report.
9.
Finally, the Assembly, having regard to its decision referred to in paragraph 19(v) ofdocument AB/XI/9 to fix new amounts for inter alia the fees contained in the Schedule ofFees annexed to the Regulations, replaced, with effect on and from January 1, 1981, the said
Schedule by the Schedule of Fees contained in the Annex to this Report.
Financial Matters
10.

See the General Report, Chapter VI (document AB/XI/9).

“PCT International Meeting”
11. Discussions were based on document PCT/A/VI/3 and an oral declaration by theDelegation of Japan according to which Japan would, in the event of a decision being madedeciding to hold the proposed meeting in Tokyo, bear the local costs associated with its
organization and the costs of simultaneous interpretation in the English and French languages.
12. Several Delegations expressed their gratitude to the Government of Japan for its
initiative in proposing the meeting and for offering to act as its host.
13. The Director General thanked the Government of Japan for this welcome initiative andsaid that it was highly desirable to have this meeting in Tokyo and that, thanks to the generous
offer of the host Government, the meeting would not cause significant expenses for WIPO.
14. The Assembly having noted that the proposed meeting, which would be concerned
mainly with questions affecting the activities of the International Searching and International
Preliminary Examining Authorities, would derive benefit from being hosted by an Officeappointed to act in that capacity by the Assembly, accepted with thanks the offer of thePCT/A/VI/5
page 3Government of Japan for the hosting of the meeting by the Japanese Patent Office anddecided to hold the meeting in Tokyo in the second half of 1981.
Proposal to Amend Rule 72.1(a)15. The Assembly took note of a request made by the Delegation of Brazil, supported bythe Delegation of Portugal, that Rule 72.1(a) be amended to include a reference to thePortuguese language. The Delegation of Brazil informed the meeting of an opinion on therequirements of the Brazilian Legal Code with regard to documents intended to have a legal
effect in Brazil which had been given by the Legal Advisor to the national Office of Brazil.
The Assembly decided that the question be included on the agenda of its next extraordinary
session in 1981.
Adoption of the Report of the Session
16. This report was unanimously
adopted on September 26, 1980.
[The Annex follows]PCT/A/VI/5
ANNEX

Rule 22
Transmittal of the Record Copy
22.1 [No change]
22.2 Alternative Procedure(a) [No change](b) [No change](c) [No change](d) [No change](e) Where the receiving Office does not hold the record copy at the disposal of theapplicant 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 theexpiration 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 15 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, 15 months from thepriority date;(ii) where the procedure under Rule 22.2(d) applies, 14 months from the priority
date, except that, where a provisional record copy is filed under Rule 22.2(e), it shall be 14
months from the priority date for the filing of the provisional record copy, and 15 months
from the priority date for the filing of the record copy.
(b) [Deleted]22.4 [No change]
22.5 [No change]PCT/A/VI/5
Annex, page 2

Rule 80
Computation of Time Limits
80.1 [No change]
80.2 [No change]
80.3 [No change]
80.4 [No change]80.5 [No change]
80.6 Date of Documents(a) [No change](b) Any receiving Office may exclude the application of the second
sentence of paragraph (a) by a written notification to that effect given to the International
Bureau by September 1, 1980. Such notification may be withdrawn at any time. TheInternational Bureau shall publish all such notifications and withdrawals in the Gazette.
80.7 [No change]

Rule 82
Irregularities in the Mail Service
82.1 Delay or Loss in Mail(a) Any interested party may offer evidence that he has mailed the document or letter 5days prior to the expiration of the time limit. Except in cases where surface mail normallyarrives at its destination within 2 days of mailing or where no airmail service is available,
such evidence may be offered only if the mailing was by airmail. In any case, evidence may
be offered only if the mailing was by mail registered by the postal authorities.
(b) [No change](c) [No change]
82.2 Interruption in the Mail Service(a) Any interested party may offer evidence that on any of the 10 days preceding theday of expiration of the time limit the postal service was interrupted on account of war,revolution, civil disorder, strike, natural calamity, or other like reason, in the locality where
the interested party resides or has his place of business or is staying.
(b) [No change]PCT/A/VI/5
Annex, page 3

Schedule of Fees
Fees
1.

2.
3.
4.

Amounts
Basic Fee:
(Rule 15.2(a))
if the international application
contains not more than 30 sheets
if the international application
contains more than 30 sheets

432 Swiss francs
432 Swiss francs
plus 8 Swiss francs for eachsheet in excess of 30 sheetsDesignation Fee:
(Rule 15.2(a))

104 Swiss francs

Handling Fee:
(Rule 57.2(a))

133 Swiss francs

Supplement to the Handling Fee:
(Rule 57.2(b))

133 Swiss francs

Surcharges
5.
Surcharge for late payment:(Rule 16bis.2(a))

Minimum: 200 Swiss francs
Maximum: 500 Swiss francs[End of Annex
and of document]