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No. 18336 MULTILATERAL Patent Co-Operation Treaty No. 18336 MULTILATERAL Patent Co-operation Treaty (with annexed Regulations and proces-verbal of rectification of the French original of the Treaty dated 14 June 1972). Done at Washington on 19 June 1970 Amendments to the Regulations annexed to the above-men- tioned Treaty Authentic texts of the Treaty and the Regulations: English and French. Authentic text of the proces-verbal of rectification: French. The Treaty and the certified statements were registered by the World Intellectual Property Organization on 28 February 1980. MULTILATERAL Traite de cooperation en matiere de brevets (avec Reglement d'execution annexe et proces-verbal de rectification de l'original franc.ais du Traite en date du 14 juin 1972). Fait a Washington le 19 juin 1970 Modifications du Reglement d'execution annexe au Traite susmentionne Textes authentiques du Traite et du Reglement d'execution : anglais et frangais. Texte authentique du proces-verbal de rectification : frangais. Le Traite et les declarations certifiees ont ete enregistres par V Organisa- tion mondiale de la propriete intellectuelle le 28 fevrier 1980. Vol. 1160, 1-18336 232 United Nations — Treaty Series • Nations Unies — Recueil des Traites 1980 PATENT COOPERATION TREATY1 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, 1 Came into force on 24 January 1978, with the exception of chapter II, for the following States, i.e., three months after eight States had deposited their instruments of ratification or accession with the Director-General of the World Intellectual Property Organization, four of those States at least fulfilling one of the conditions listed under article 63 (1) (a) (i), (ii) and (iii), in accordance with article 63 (1) (a) and 63 (3): Date of deposit Date of deposit of the instrument of the instrument of ratification of ratification State or accession (a) State or accession (a) Central African Republic 15 September 1971 a Switzerland 14 September 1977 Chad 12 February 1974 a (With a declaration in respect of Congo 8 August 1977 a article 64 (1) (a).) Gabon 6 March 197S a Togo 28 January 1975 Germany, Federal Republic of ... 19 July 1976 United Kingdom of Great Britain (With a declaration of application and Northern Ireland 24 October 1977 to Berlin (West).) United Republic of Cameroon ... 15 March 1973 a Madagascar 27 March 1972 United States of America* 26 November 1975 Malawi 16 May 1972 a (With a declaration of application Senegal 8 March 1972 to all areas for which the United States of America has interna- tional responsibility.) * For the texts of the reservations made upon ratification or accession, see p. 454 of this volume. Subsequently, the Treaty came into force in respect of each of the States listed below, with the exception of chapter II for the States indicated by an asterisk, three months after the date on which they had deposited their instruments of ratification or accession with the Director-General of the World Intellectual Property Organ- ization, in accordance with article 63 (2): Date of deposit Dale of deposit of the instrument of the instrument of ratification of ratification Slate or accession (a) State or accession (a) * France** 25 November 1977 * Denmark** 1 September 1978 (With effect from 25 February (With effect from 1 December 1978. With declarations in re- 1978.) spect of article 64 (1) (a) and arti- Austria 23 January 1979 cle 64 (5) and a declaration of (With effect from 23 April 1979.) application to the French Repub- Monaco 22 March 1979 lic including the Overseas (With effect from 22 June 1979.) Departments and Territories.) Netherlands** 10 April 1979 Union of Soviet Socialist Repub- (For the Kingdom in Europe and lics** 29 December 1977 the Netherlands Antilles. With (With effect from 29 March effect from 10 July 1979.) 1978.) Romania** 23 April 1979 Brazil 9 January 1978 (With effect from 23 July 1979.) * Norway** 1 October 1979 (With effect from 9 April 1978.) (With effect from 1 January * Luxembourg** 31 January 1978 1980.) (With effect from 30 April 1978.) * Liechtenstein** 19 December 1979 a Sweden** 17 February 1978 (With effect from 19 March (With effect from 17 May 1978.) 1980.) Japan** 1 July 1978 Australia 31 December 1979 a (With effect from 1 October (With effect from 31 March ' 1978.) 1980.) ' For the texts of the reservations and declarations made upon ratification or accession, see p. 454 of this volume. (Continued on page 233) Vol. 1160, 1-18336 1980 United Nations — Treaty Series • Nations Unies — Recueil des Traites 233 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 information on the availability of technological solutions applicable to their special needs and by facilitating access to the ever expanding volume of modern technology, Convinced that cooperation among nations will greatly facilitate the attain- ment of these aims, Have concluded the present Treaty. INTRODUCTORY PROVISIONS Article 1. ESTABLISHMENT OF A UNION (1) The States party to this Treaty (hereinafter called "the Contracting States") constitute a Union for cooperation in the filing, searching, and examina- tion, of applications for the protection of inventions, and for rendering special technical services. The Union shall be known as the International Patent Co- operation Union. (2) No provision of this Treaty shall be interpreted as diminishing the rights under the Paris Convention for the Protection of Industrial Property1 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. (Footnote I continued from page 232) Furthermore, the provisions of chapter II and the corresponding provisions of the regulations annexed to this Treaty became applicable for the following States on 29 March 1978, the date on which three States had become Party to this Treaty in accordance with article 63 (3): United Republic of Cameroon Central African Republic Chad Congo Gabon Germany, Federal Republic of Madagascar Malawi Senegal Union of Soviet Socialist Republics Togo United Kingdom of Great Britain and Northern Ireland ' United Nations, Treaty Series^ vo|, 828, p. 305! Vol. 1160,1-18336 234 United Nations — Treaty Series • Nations Unies — Recueii des Traites 1980 (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 inter- governmental 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
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