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Patent Cooperation Treaty and Regulations Under the PCT

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Patent Cooperation Treaty and Regulations Under the PCT Appendix T Patent Cooperation Treaty and Regulations Under the PCT Article 24 Possible Loss of Effect in Designated States Done at Washington on June 19, 1970, amended Article 25 Review by Designated Of®ces on September 28, 1979, modi®ed on February 3, Article 26 Opportunity to Correct Before 1984, and October 3, 2001 (as in force from April Designated Of®ces 1, 2002) Article 27 National Requirements Article 28 Amendment of the Claims, the TABLE OF CONTENTS 1 Description, and the Drawings, Before Designated Of®ces Article 29 Effects of the International Publication : Introductory Provisions Article 30 Con®dential Nature of the International Article 1 Establishment of a Union Application Article 2 De®nitions CHAPTER II: International Preliminary CHAPTER I: International Application and Examination International Search Article 31 Demand for International Preliminary Article 3 The International Application Examination Article 4 The Request Article 32 The International Preliminary Article 5 The Description Examining Authority Article 6 The Claims Article 33 The International Preliminary Article 7 The Drawings Examination Article 8 Claiming Priority Article 34 Procedure Before the International Article 9 The Applicant Preliminary Examining Authority Article 10 The Receiving Of®ce Article 35 The International Preliminary Article 11 Filing Date and Effects of the Examination Report International Application Article 36 Transmittal, Translation, and Article 12 Transmittal of the International Communication, of the International Application to the International Bureau Preliminary Examination Report and the International Searching Article 37 Withdrawal of Demand or Election Authority Article 38 Con®dential Nature of the International Article 13 Availability of Copy of the Preliminary Examination International Application to Designated Article 39 Copy, Translation, and Fee, to Elected Of®ces Of®ces Article 14 Certain Defects in the International Article 40 Delaying of National Examination and Application Other Processing Article 15 The International Search Article 41 Amendment of the Claims, the Article 16 The International Searching Authority Description, and the Drawings, before Article 17 Procedure Before the International Elected Of®ces Searching Authority Article 42 Results of National Examination in Article 18 The International Search Report Elected Of®ces Article 19 Amendment of the Claims Before the International Bureau CHAPTER III: Common Provisions Article 20 Communication to Designated Of®ces Article 43 Seeking Certain Kinds of Protection Article 21 International Publication Article 44 Seeking Two Kinds of Protection Article 22 Copy, Translation, and Fee, to Article 45 Regional Patent Treaties Designated Of®ces Article 46 Incorrect Translation of the Article 23 Delaying of National Procedure International Application 1 Editor©s Note: Table of Contents and Editor©s Notes are added for the convenience of the reader; they do not appear in the signed text of the Treaty. T-1 Rev. 10.2019, June 2020 Art. 1 MANUAL OF PATENT EXAMINING PROCEDURE Article 47 Time Limits Desiring to facilitate and accelerate access by the Article 48 Delay in Meeting Certain Time Limits public to the technical information contained in Article 49 Right to Practice Before International documents describing new inventions, Authorities CHAPTER IV: Technical Services Desiring to foster and accelerate the economic Article 50 Patent Information Service development of developing countries through the Article 51 Technical Assistance adoption of measures designed to increase the Article 52 Relations with Other Provisions of the ef®ciency of their legal systems, whether national Treaty or regional, instituted for the protection of inventions by providing easily accessible information on the CHAPTER V: Administrative Provisions availability of technological solutions applicable to Article 53 Assembly their special needs and by facilitating access to the Article 54 Executive Committee ever expanding volume of modern technology, Article 55 International Bureau Article 56 Committee for Technical Cooperation Convinced that cooperation among nations will Article 57 Finances greatly facilitate the attainment of these aims, Article 58 Regulations Have concluded the present Treaty. CHAPTER VI: Disputes Article 59 Disputes Introductory Provisions CHAPTER VII: Revision and Amendments Article 60 Revision of the Treaty Article 61 Amendment of Certain Provisions of Article 1 the Treaty Establishment of a Union CHAPTER VIII: Final Provisions Article 62 Becoming Party to the Treaty (1) The States party to this Treaty (hereinafter Article 63 Entry into Force of the Treaty called ªthe Contracting Statesº) constitute a Union Article 64 Reservations for cooperation in the ®ling, searching, and Article 65 Gradual Application examination, of applications for the protection of Article 66 Denunciation inventions, and for rendering special technical Article 67 Signature and Languages services. The Union shall be known as the Article 68 Depositary Functions International Patent Cooperation Union. Article 69 Noti®cations (2) No provision of this Treaty shall be _________________________________________ interpreted as diminishing the rights under the Paris Convention for the Protection of Industrial Property of any national or resident of any country party to The Contracting States, that Convention. Article 2 Desiring to make a contribution to the progress of science and technology, De®nitions Desiring to perfect the legal protection of inventions, For the purposes of this Treaty and the Regulations and unless expressly stated otherwise: Desiring to simplify and render more economical the obtaining of protection for inventions where (i) ªapplicationº means an application for the protection is sought in several countries, protection of an invention; references to an ªapplicationº shall be construed as references to applications for patents for inventions, inventors' Rev. 10.2019, June 2020 T-2 PATENT COOPERATION TREATY Art. 3 certi®cates, utility certi®cates, utility models, patents (xii) ªnational Of®ceº means the government or certi®cates of addition, inventors' certi®cates of authority of a Contracting State entrusted with the addition, and utility certi®cates of addition; granting of patents; references to a ªnational Of®ceº (ii) references to a ªpatentº shall be construed shall be construed as referring also to any as references to patents for inventions, inventors' intergovernmental authority which several States certi®cates, utility certi®cates, utility models, patents have entrusted with the task of granting regional or certi®cates of addition, inventors' certi®cates of patents, provided that at least one of those States is addition, and utility certi®cates of addition; a Contracting State, and provided that the said States have authorized that authority to assume the (iii) ªnational patentº means a patent granted by obligations and exercise the powers which this a national authority; Treaty and the Regulations provide for in respect of (iv) ªregional patentº means a patent granted by national Of®ces; a national or an intergovernmental authority having (xiii) ªdesignated Of®ceº means the national the power to grant patents effective in more than one Of®ce of or acting for the State designated by the State; applicant under Chapter I of this Treaty; (v) ªregional applicationº means an application (xiv) ªelected Of®ceº means the national Of®ce for a regional patent; of or acting for the State elected by the applicant (vi) references to a ªnational applicationº shall under Chapter II of this Treaty; be construed as references to applications for (xv) ªreceiving Of®ceº means the national national patents and regional patents, other than Of®ce or the intergovernmental organization with applications ®led under this Treaty; which the international application has been ®led; (vii) ªinternational applicationº means an (xvi) ªUnionº means the International Patent application ®led under this Treaty; Cooperation Union; (viii) references to an ªapplicationº shall be (xvii) ªAssemblyº means the Assembly of the construed as references to international applications Union; and national applications; (xviii) ªOrganizationº means the World (ix) references to a ªpatentº shall be construed Intellectual Property Organization; as references to national patents and regional patents; (xix) ªInternational Bureauº means the (x) references to ªnational lawº shall be International Bureau of the Organization and, as long construed as references to the national law of a as it subsists, the United International Bureaux for Contracting State or, where a regional application the Protection of Intellectual Property (BIRPI); or a regional patent is involved, to the treaty providing for the ®ling of regional applications or (xx) ªDirector Generalº means the Director the granting of regional patents; General of the Organization and, as long as BIRPI subsists, the Director of BIRPI. (xi) ªpriority date,º for the purposes of computing time limits, means: CHAPTER I International Application and (a) where the international application International Search contains a priority claim under Article 8, the ®ling date of the application whose priority is so claimed; Article 3 (b) where the international application contains several priority claims under Article 8, the The International Application ®ling date of the earliest application whose priority is so claimed; (1) Applications for the protection of inventions (c) where the
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