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Records of the Washington Diplomatic Conference of the Patent RECORDS OF THE WASHINGTON DIPLOMATIC CONFERENCE ON THE PATENT COOPERATION TREATY WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) RECORDS OF THE WASHINGTON DIPLOMATIC CONFERENCE ON THE PATENT COOPERATION TREATY 1970 GENEVA 1972 EDITOR’S NOTE These Records of the Washington Diplomatic Conference on the Patent Cooperation Treaty, 1970, contain all the documents relating to that conference which were issued before, during and after it. The conference took place from May 25 to June 19, 1970. The final text of the Patent Cooperation Treaty and the Regulations under the Treaty – as signed at the close of the Conference on June 19, 1970, and as opened for signature until end of 1970 – is printed twice in these Records: once with the “Notes” on the Treaty and Regulations under the Treaty (pages 9 to 161) and once opposite the drafts, the July 1969 draft (documents PCT/DC/4 and 5) and the March 1970 draft (documents PCT/DC/11 and 12), which served as the main bases of the discussions of the Conference (pages 282 to 515). The Notes were written by the International Bureau of WIPO. They are intended to facilitate the reading of the text of the Treaty and the Regulations thereunder by summarizing those provisions to which the text refers only by number. At the same time, they contain the cross- references between corresponding provisions in the Treaty and Regulations. In addition to adopting the Treaty and Regulations, the Conference also adopted the Final Act and a Resolution, the texts of which are printed on pages 165 and 169, respectively. The “Conference documents” are subdivided into four series: the “Main” series (starting on page 173) principally consists of observations on and proposed amendments to the drafts of the Treaty and Regulations, with the observations generally submitted by governments and international organizations and the proposed amendments by the governmental delegations participating in the Conference; the “WG” (Working Group) series (starting on page 516) consists of the working documents addressed to or submitted by the working groups set up during the Conference to examine particular questions which would facilitate the work of the two “Main Committees,” two bodies each consisting of all the delegations and all the observers and in the meetings of which most of the substantive discussions of the Conference took place; the “INF” (Information) series (starting on page 524) consists mainly of lists of documents; the “MISC” (Miscellaneous) series (starting on page 528) contains the rules of procedure and the agenda of the Conference, as well as the texts of the speeches delivered in the plenary sessions of the Conference by the US Secretary of State (Mr. William P. Rogers), the US Secretary of Commerce (Mr. Maurice H. Stans), the Director of BIRPI (Prof. G. H. C. Bodenhausen) and the Secretary General of the Conference (Dr. Arpad Bogsch). The lists of participants in the Conference and officers of the Conference appear on pages 539 to 550. The minutes of the Conference fall into three groups: those of the Plenary of the Conference (starting on page 553), those of the Main Committee I (starting on page 591) and those of the Main Committee II (starting on page 697). The minutes of the Plenary of the Conference are verbatim; those of the Main Committees I and II are summary minutes. They were prepared by the International Bureau after the Conference on the basis of tape recordings of the meetings of those three bodies. The drafts of the minutes were communicated to each participant and the text appearing in these Records takes into account the suggestion for amendment received from the participants. The “Post-Conference documents” (pages 739 to 763) consist of papers prepared by the International Bureau after the Conference. They contain, in addition to the Notes on the Treaty and Regulations referred to above, a history of the Treaty (page 741), a summary of the Treaty and its advantages (page 746), and an analysis of the main differences between the drafts and the final texts (page 759). 6 RECORDS OF THE WASHINGTON CONFERENCE, 1970 _____________________________________________________________________________________________________________________________________________________________________________________________________________________________ Finally, the Records contain five different indexes. The first two (page 767) are indexes to the Treaty and Regulations under the Treaty. The first of these two indexes, Part A, lists by number each Article of the Treaty and each Rule of the Regulations and indicates, under each of them, the pages where the final text, the drafts, the basic proposals, observations, amendments and references in the post-Conference documents concerning the particular Article or Rule are reprinted in these Records, as well as the serial numbers of those paragraphs of the minutes contained in these Records which reflect the discussions concerning the particular Article or Rule. The second index, Part B, is a catchword index, that is, an alphabetical listing of the main subject matters dealt with in the Treaty and Regulations. After each catchword, the number of the Article or Rule in which the particular subject is dealt with is indicated. By looking up in the Part A Index the Article or Rule so indicated, the reader will find the references to the pages or – in the case of the minutes – the paragraph numbers where the particular subject matter is treated. The third index is an alphabetical list of States showing, under the name of each State, where to find names of the members of the delegation of that State, as well as the written observations submitted, the amendments filed, and the interventions made on behalf of that State. The fourth index is an alphabetical list of the Organizations showing, under the name of each Organization, where to find names of observers representing that Organization, as well as the written observations and interventions made on behalf of it. The fifth index is an alphabetical list of the participants indicating, under the name of each participant the State of Organization which he represented as well as the place in the Records where the name of the participant appears with his delegation, as an officer of the Conference or of a Committee, as a speaker in the Plenary or Main Committees, or as a plenipotentiary signing the Treaty or Final Act. Geneva, 1972. CONTENTS THE PATENT COOPERATION TREATY, REGULATIONS UNDER THE PATENT COOPERATION TREATY, Notes ....................................... 9 PATENT COOPERATION TREATY – Notes on the Patent Cooperation Treaty ...... 11 Signatories.................................................... 76 REGULATIONS UNDER THE PATENT COOPERATION TREATY – Notes on the Regulationsunder the Patent Cooperation Treaty .......................... 77 FINAL ACT...................................................... 163 Text of the Final Act on the Conference ................................. 165 Signatories.................................................... 165 RESOLUTION .................................................... 167 Text of Resolution Concerning Preparatory Measures for Entry into Force of the Patent Cooperation Treaty .............................................. 169 CONFERENCE DOCUMENTS ......................................... 171 Conference Documents of the “Main” Series (PCT/DC/1 to PCT/DC/131) ........... 173 List of Documents ............................................. 173 Text of Documents ............................................. 177 Documents PCT/DC/1 to PCT/DC/131 ............................. 177 Final text of the Treaty and the Regulations opposite the drafts contained in documents PCT/DC/4,5, 11 and 12 ....................................... 282 Conference Documents of the Working Group “WG” Series (PCT/DC/WG.II/1 to 9, WG.III/1, WG.IV/1 and 2, WG.V/1 to 4) ................................ 516 List of Documents ............................................. 516 Text of Documents ............................................. 517 Conference Documents of the Information “INF” Series (PCT/DC/INF/1 to PCT/DC/INF/10) ................................................ 524 List of Documents ............................................. 524 Text of Documents ............................................. 525 Conference Documents of the Miscellaneous “MISC” Series (PCT/DC/MISC/1 to PCT/DC/MISC/13) .............................................. 528 List of Documents ............................................. 528 Text of Documents ............................................. 529 PARTICIPANTS IN THE CONFERENCE .................................. 539 States Members of the Paris Union .................................... 541 Observer States ................................................. 546 IntergovernmentalOrganizations ..................................... 547 Non-GovernmentalOrganizations ..................................... 548 United International Bureaux for the Protection of Intellectual Property (BIRPI) ...... 549 Officers and Committees of the Conference ............................... 549 VERBATIM AND SUMMARY MINUTES .................................. 551 Verbatim Minutes of the Plenary of the Conference ......................... 553 Summary Minutes of Main Committee I of the Conference .................... 591 Summary Minutes of Main Committee II of the Conference .................... 697 8 RECORDS OF THE WASHINGTON CONFERENCE, 1970 _____________________________________________________________________________________________________________________________________________________________________________________________________________________________
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