Publication: Magyar Közlöny
Issue: MK-2002-162 (Year: 2002, Number: 162)
Era: 1990-2004
Section: 
Paragraph Index: 515

b) The provisions of Rule 43.5 b) and e) shall apply also to the report. 70.8 Explanations Under Article 35 (2) The Administrative Instructions shall contain guidelines for cases in which the explanations referred to in Article 35 (2) should or should not be given and the form of such explanations. Such guidelines shall be based on the following principles: (i) explanations shall be given whenever the statement in relation to any claim is negative; (ii) explanations shall be given whenever the statement is positive unless the reason for citing any document is easy to imagine on the basis of consultation of the cited document; (iii) generally, explanations shall be given if the case provided for in the last sentence of Rule 70.6 b) obtains. 70.9 Non-Written Disclosures Any non-written disclosure referred to in the report by virtue of Rule 64.2 shall be mentioned by indicating its kind, the date on which the written disclosure referring to the non-written disclosure was made available to the public, and the date on which the non-written disclosure occurred in public. 70.10 Certain Published Documents Any published application or any patent referred to in the report by virtue of Rule 64.3 shall be mentioned as such and shall be accompanied by an indication of its date of publication, of its filing date, and its claimed priority date (if any). In respect of the priority date of any such document, the report may indicate that, in the opinion of the International Preliminary Examining Authority, such date has not been validly claimed. 70.11 Mention of Amendments If, before the International Preliminary Examining Authority, amendments have been made, this fact shall be indicated in the report. Where any amendment has resulted in the cancellation of an entire sheet, this fact shall also be specified in the report. 70.12 Mention of Certain Defects and Other Matters If the International Preliminary Examining Authority considers that, at the time it prepares the report: (i) the international application contains any of the defects referred to in Rule 66.2 a) (iii), it shall include this opinion and the reasons therefor in the report; (ii) the international application calls for any of the observations referred to in Rule 66.2 a) (v), it may include this opinion in the report and, if it does, it shall also indicate in the report the reasons for such opinion; (iii) any of the situations referred to in Article 34 (4) exists, it shall state this opinion and the reasons therefor in the report; (iv) a nucleotide and/or amino acid sequence listing is not available to it in such a form that a meaningful international preliminary examination can be carried out, it shall so state in the report. 70.13 Remarks Concerning Unity of Invention If the applicant paid additional fees for the international preliminary examination, or if the international application or the international preliminary examination was restricted under Article 34 (3), the report shall so indicate. Furthermore, where the international preliminary examination was carried out on restricted claims [Article 34 (3) a)], or on the main invention only [Article 34 (3) c)], the report shall indicate what parts of the international application were and what parts were not the subject of international preliminary examination. The report shall contain the indications provided for in Rule 68.1, where the International Preliminary Examining 2002/162. szám Authority chose not to invite the applicant to restrict the claims or to pay additional fees. 70.14 Authorized Officer The report shall indicate the name of the officer of the International Preliminary Examining Authority responsible for that report. 70.15 Form The physical requirements as to the form of the report shall be prescribed by the Administrative Instructions. 70.16 Annexes to the Report Each replacement sheet under Rule 66.8 a) or b), each replacement sheet containing amendments under Article 19 and each replacement sheet containing rectifications of obvious errors authorized under Rule 91.1 e) (iii) shall, unless superseded by later replacement sheets or amendments resulting in the cancellation of entire sheets under Rule 66.8 b), be annexed to the report. Amendments under Article 19 which have been considered as reversed by an amendment under Article 34 and letters under Rule 66.8 shall not be annexed. 70.17 Languages of the Report and the Annexes The report and any annex shall be in the language in which the international application to which they relate is published, or, if the international preliminary examination is carried out, pursuant to Rule 55.2, on the basis of a translation of the international application, in the language of that translation. Rule 71 Transmittal of the International Preliminary Examination Report 71.1 Recipients The International Preliminary Examining Authority shall, on the same day, transmit one copy of the international preliminary examination report and its annexes, if any, to the International Bureau, and one copy to the applicant. 71.2 Copies of Cited Documents

Source: https://magyarkozlony.hu/hivatalos-lapok/b9114fbbdeddb5b2a142d650578ed3c588a28ad6/dokumentumok/b959e10bf29fe384115a94f3bfe716fa6878ef0f/letoltes