Patents (Patent Cooperation Treaty Regulations) Regulations (Cth)

Statutory Rules 1982 No. 2111

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Patents (Patent Cooperation Treaty Regulations) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1952.

Dated 26 August 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

DAVID THOMSON

Minister of State for Science and Technology

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Citation

1. These Regulations may be cited as the Patents (Patent Cooperation Treaty Regulations) Regulations.

Amendment of Regulations under Patent Cooperation Treaty

2. For the purposes of the definition of “Treaty” in sub-section 58A (1) of the Patents Act 1952 and by virtue of sub-section 58A (3) of that Act, the amendments, specified in Column 3 in an item in the Schedule, of a provision of the Regulations under the Patent Cooperation Treaty done at Washington on 19 June 1970 specified in Column 2 of that item are declared to be amendments of that provision adopted under Article 58 of that Treaty by the Assembly of the International Patent Cooperation Union on the date, in respect of the provision in that item, specified in Column 4 opposite the amendment in that item, with effect on and from the date specified in Column 5 in that item.

SCHEDULERegulation 2

AMENDMENTS OF THE REGULATIONS UNDER THE PATENT COOPERATION TREATY

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Provision amended	Amendment	Date amendment made	Date of effect of amendment
1	Rule 3.3 (a)(ii)...................................	Omit, substitute—	3 July 1981	1 October 1981
“(ii) whether or not the international application as filed is accompanied by a power of attorney (i.e., a document appointing an agent or a common representative), a copy of a general power of attorney, a priority document, a document relating to the payment of fees, and any other document (to be specified in the check list);”.
2.	Rule 4.1 (b)...................................	Omit, substitute—	16 June 1980		1 October 1980
“(b) The request shall, where applicable, contain: (i) a priority claim, (ii) a reference to any earlier international, international-type or other search, (iii) choices of certain kinds of protection, (iv) an indication that the applicant wishes to obtain a regional patent and the names of the designated States for which he wishes to obtain such a patent, (v) a reference to a parent application or parent patent.”.
3	Rule 4.1 (c)...................................	Omit, substitute—	3 July 1981		1 October 1981
“(c) The request may contain (i) indications concerning the inventor where the national law of none of the designated States requires that the name of the inventor be furnished at the time of filling a national application, (ii) a request to the receiving Office to transmit the priority document to the International Bureau where the application whose priority is claimed was filed with the national Office or intergovernmental authority which is the receiving Office.”
4	Rule 4.4(c) and(d)...................................	Omit, substitute—	3 July 1981		1 October 1981
“(c) Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units up to, and including, the house number, if any. Where the national law of the designated State does not require the indication of the house number, failure to indicate such number shall have no effect in that State. It is recommended to indicate any telegraphic and teleprinter address and telephone number of the agent or common representative or, in the absence of the designation of an agent or common representative in the request, of the applicant first named in the request.

SCHEDULE— continued

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Provision amended	Amendment	Date amendment made	Date of effect of amendment
“(d)For each applicant, inventor, or agent, only one address may be indicated, except that, if no agent has been appointed to represent the applicant, or all of them if more than one, the applicant or, if there is more than one applicant, the common representative, may indicate, in addition to any other address given in the request, an address to which notifications shall be sent.”.
5	Rule 4.6 (b)..................	Omit, substitute—	3 July 1981	1 October 1981
“(b)If the applicant is the inventor, the request, in lieu of the indication under paragraph (a), shall contain a statement to that effect.”.
6	Rule 4.8 (b)..................	Omit, substitute—	16June 1980	1 October 1980
“(b) If there is more than one applicant and the request does not refer to an agent representing all the applicants and it does not comply with the requirement of designating one of the applicants as provided in paragraph (a), the common representative shall be the applicant first named in the request who is entitled to file an international application with the receiving Office with which the international application was filed (Rule 19,1 (a)).”.
7	Rule 4.10 (b)................	Omit, substitute—	16 June 1980	1 October 1980
“(b) If the request does not indicate both (i) when the earlier application is not a regional or an international application, the country in which it was filed; when the earlier application is a regional or an international application, at least one country for which it was filed; and (ii) the date on which it was filed, the priority claim shall, for the purposes of the procedure under the Treaty, be considered not to have been made except where, resulting from an obvious error of transcription, the indication of the said country or the said date is missing or is erroneous; whenever the identity or correct identity of the said country, or the said date or the correct date, may be established on the basis of the copy of the earlier application which the receiving Office receives before it transmits the record copy to the International Bureau, the error shall be considered as an obvious error.”.
8	Rule 4.11.....................	Omit, substitute	16 June 1980	1 October 1980
“4.11 Reference to Earlier Search If an international or international-type search has been requested on an application under Article 1 5 (5) or if the applicant wishes the International Searching Authority to

 

base the international search report wholly or in part on the results of a search, other than an international or international-type search, made by the national Office or intergovernmental organization which is the International Searching Authority competent for the international application, the request shall contain a reference to that fact. Such reference shall either identify the application (or its translation, as the case may be) in respect of which the earlier search was made by indicating country, date and number, or the said search by indicating, where applicable, date and number of the request for such search.”.
9	Rule 10.1 (b) and (c)	Omit, substitute-	16 June 1980	1 October 1980
“(b) Temperatures shall be expressed in degrees Celsius, or also expressed in degrees Celsius, if first expressed in a different manner.”.
10	Rule 11.2 (d)	Omit, substitute—	16 June 1980	1 October 1980
“(d) Subject to Rule 11.10 (d) and Rule 11.13 (j), each sheet shall be used in an upright position (i.e., the short sides at the top and bottom).”.
11	Rule 11.10	Add at the end of Rule 11.10—	16 June 1980	1 October 1980
“(d) Tables and chemical or mathematical formulae may be placed sideways on the sheet if they cannot be presented satisfactorily in an upright position thereon; sheets on which tables or chemical or mathematical formulae are presented sideways shall be so presented that the tops of the tables or formulae are at the left side of the sheet.”.
12	Rule 11.12	Omit, substitute—	16 June 1980	1 October 1980
“11.12 Alterations, Etc. Each sheet shall be reasonably free from erasures and shall be free from alterations, overwritings, and interlineations. Non-compliance with this Rule may be authorized if the authenticity of the content is not in question and the requirements for good reproduction are not in jeopardy.”.
13	Rule 11.13 (j)	Omit substitute—	16 June 1980	1 October 1980
(j) The different figures shall be arranged on a sheet or sheets without wasting space, preferably in an upright position, clearly separated from one another. Where the figures are not arranged in an upright position, they shall be presented sideways with the top of the figures at the left side of the sheet.”.
14	Rule 13.2	Omit, substitute	16 June1980	1 October 1980
“13.2 Claims of Different Categories Rule 13.1 shall be construed as permitting, in particular, one of the following three possibilities: (i) in addition to an independent claim for a given product, the inclusion in the same international application of an independent claim for a process specially adapted for the manufacture of the said product, and the inclusion in the same international application of an independent claim for a use of the said product, or

SCHEDULE— continued

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Provision amended	Amendment	Date amendment made	Date of effect of amendment
(ii) in addition to an independent claim for a given process, the inclusion in the same international application of an independent claim for an apparatus or means specifically designed for carrying out the said process, or
(iii) in addition to an independent claim for a given product, the inclusion in the same international application of an independent claim for a process specially adapted for the manufacture of the product, and the inclusion in the same international application of an independent claim for an apparatus or means specifically designed for carrying out the process.
15	New Rule 13bis	After Rule 13, insert the following heading and rule:	16June 1980	1 January 1981
“Rule 13bis Microbiological Inventions
“13bis.l Definition For the purposes of this Rule, “reference to a deposited microorganism” means particulars given in an international application with respect to the deposit of a microorganism with a depositary institution or to the microorganism so deposited.
“13bis.2 References (General) Any reference to a deposited microorgamism shall be made in accordance with this Rule and, if so made, shall be considered as satisfying the requirements of the national law of each designated State.
“13bis.3 References: Contents; Failure to Include Reference or Indication (a) A reference to a deposited microorganism shall indicate,
(i) the name and address of the depositary institution with which the deposit was made;
(ii) the date of deposit of the microorganism with that institution;
(iii) the accession number given to the deposit by that institution; and
(iv) any additional matter of which the International Bureau has been notified pursuant to Rule 13bis.7(a)(i), provided that the requirement to indicate that matter was published in the Gazette in accordance with Rule 13bis.7(c)at least two months before the filing of the international application.

(b) Failure to include a reference to a deposited microorganism or failure to include, in a reference to a deposited microorganism, an indication in accordance with paragraph (a), shall have no consequence in any designated State whose national law does not require such reference or such indication in a national application.

“13b is.4References: Time of Furnishing Indications

If any of the indications referred to in Rule 13b is. 3(a)is not included in a reference to a deposited microorganism in the international application as filed but is furnished by the applicant to the International Bureau within 16 months after the priority date, the indication shall be considered by any designated Office to have been furnished in time unless its national law requires the indication to be furnished at an earlier time in the case of a national application and the International Bureau has been notified of such requirement pursuant to Rule 13bis. 7(a)(ii), provided that the International Bureau has published such requirement in the Gazette in accordance with Rule 13bis. 7(c)at least two months before the filing of the international application. In the event that the applicant makes a request for early publication under Article 21 (2)(b), however, any designated Office may consider any indication not furnished by the time such request is made as not having been furnished in time. Irrespective of whether the applicable time limit under the preceding sentences has been observed, the International Bureau shall notify the applicant and the designated Offices of the date on which it has received any indication not included in the international application as filed. The International Bureau shall indicate that date in the international publication of the international application if the indication has been furnished to it before the completion of technical preparations for international publication.

“13bis.5 References and Indications for the Purposes of One or More Designated States: Different Deposits for Different Designated States; Deposits with Depositary Institutions other than Those Notified

(a) A reference to a deposited microorganism shall be considered to be made for the purposes of all designated States, unless it is expressly made for the purposes of certain of the designated States only; the same applies to the indications included in the reference.

(b) References to different deposits of the microorganism may be made for different designated States.

(c) Any designated Office shall be entitled to disregard a deposit made with a depositary institution other than one notified by it under Rule 13b is.7(6).

“13bis.6 Furnishing of Samples

(a) Where the international application contains a reference to a deposited microorganism, the applicant shall, upon the request of the International Searching Authority or the International Preliminary Examining Authority, authorize and assure the furnishing of a sample of that microorganism by the depositary institution to the said Authority, provided that the said Authority has notified the International Bureau that

SCHEDULE— continued

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Provision amended	Amendment	Date amendment made	Date of effect of amendment
it may require the furnishing of samples and that such samples will be used solely for the purposes of international search or international preliminary examination, as the case may be, and such notification has been published in the Gazette. (b) Pursuant to Articles 23 and 40, no furnishing of samples of the deposited microorganism to which a reference is made in an international application shall, except with the authorization of the applicant, take place before the expiration of the applicable time limits after which national processing may start under the said Articles. However, where the applicant performs the acts referred to in Articles 22 or 39 after international publication but before the expiration of the said time limits, the furnishing of samples of the deposited microorganism may take place, once the said acts have been performed. Notwithstanding the previous provision, the furnishing of samples from the deposited microorganism may take place under the national law applicable for any designated Office as soon as, under that law, the international publication has the effects of the compulsory national publication of an unexamined national application.
-	“13bis. 7 National Requirements: Notification and Publication (a) Any national Office may notify The International Bureau of any requirement of the national law, (i) that any matter specified in the notification, in addition to those referred to in Rule 13bis. 3(a)(i), (ii) and (iii), is required to be included in a reference to a deposited microorganism in a national application; (ii) that one or more of the indications referred to in Rule 13 bis.3 (a)are required to be included in a national application as filed or are required to be furnished at a time specified in the notification which is earlier than 16 months after the priority date. (b) Each national Office shall notify the International Bureau a first time before entry into force of this Rule and then each time a change occurs of the depositary institutions with which the national law permits deposits of microorganisms to be made for the purposes of patent procedure before that Office or, if the national law does not provide for or permit such deposits, of that fact. (c) The International Bureau shall promptly publish in the Gazette requirements notified to it under paragraph (a) and information notified to it under paragraph (b).”.
16	Rule 15.5...................................	Omit.	16 June 1980	1 October 1980
17	New Rule 16 bis...................................	After Rule 15, insert the following heading and Rule:	16 June 1980	1 October 1980

“Rule l6bis

Advancing Fees by the International Bureau

“ 16bis.1 Guarantee by the International Bureau

(a) Where, by the time they are due under Rule 14.1 (b), Rule 15.4 (a) or (c)and Rule 16.1 (f). the receiving Office finds that in respect of an international application no fees were paid to it by the applicant, or that the amount paid to it by the applicant is less than what is necessary to cover the transmittal fee, the basic fee and the search fee, the receiving Office shall charge the amount required to cover those fees, or the missing part thereof, to the International Bureau and shall consider the said amount as if it had been paid by the applicant at the due time.

(b) Where, by the time it or they are due under Rule 15.4 (b) or (c), the receiving Office finds that in respect of an international application the payment made by the applicant is insufficient to cover the designation fees necessary to cover all the designations, the receiving Office shall charge the amount required to cover those fees to the International Bureau and shall consider that amount as if it had been paid by the applicant at the due time.

(c) The International Bureau shall transfer from time to time to each receiving Office an amount which is expected to be necessary for covering any charges that the receiving Office has to make under paragraphs (a) and (b). The amount and the time of such transfers shall be determined by each receiving Office according to its own wish. The charging of any amount under paragraphs (a) and (b)shall not require any advance notice to, or any agreement by, the International Bureau.

(d) Each month, the receiving Office shall inform the International Bureau of the charges, if any, made under paragraphs (a) and (6).

“16bis.2 Obligations of the Applicant, Etc.

(a) The International Bureau shall promptly notify the applicant of any amount by which it was charged under Rule 16bis.1 (a)and (6) and shall invite him to pay to it, within one month from the date of the notification, the said amount augmented by a surcharge of 50%, provided that the surcharge will not be less, and will not be more, than the amounts indicated in the Schedule of Fees. The notification may refer to the charges made both under Rule 16bis.1 (a)and (6) or, at the discretion of the International Bureau, there may be two separate notifications, one referring to charges made under Rule 16bis. 1(a), the other referring to charges made under rule 16bis.1 (b).

(b) If the applicant fails to pay, within the said time limit, to the International Bureau the amount claimed, or pays less than what is needed to cover the transmittal fee, the basic fee, the search fee, one designation fee and the surcharge, the International Bureau shall notify the receiving Office accordingly and the receiving Office shall declare the international application withdrawn under Article 14 (3) (a)and the receiving Office and the International Bureau shall proceed as provided in Rule 29.

SCHEDULE— continued

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Provision amended	Amendment	Date amendment made	Date of effect of amendment
(c) If the applicant pays, within the said time limit, to the International Bureau an amount which is more than what is needed to cover the fees and surcharge referred to in paragraph (b) but less than what is needed to cover all the designations maintained, the International Bureau shall notify the receiving Office accordingly and the receiving Office shall apply the amount paid in excess of what is needed to cover the fees and surcharge referred to in paragraph (b) in an order which shall be established as follows:
(i) where the applicant indicates to which designation or designations the amount is to be applied, it shall be applied accordingly but, if the amount received is insufficient to cover the designations indicated, it shall be applied to as many designations as are covered by it in the order chosen by the applicant in indicating the designations;
(ii) to the extent that the applicant has not given the indications under item (i), the amount or the balance thereof shall be applied to the designations in the order in which they appear in the international application;
(iii) where the designation of a State is for the purposes of a regional patent and provided that the required designation fee is, under the preceding provisions, available for that designation, the designation of any further States for which the same regional patent is sought shall be considered as covered by that fee. The receiving Office shall declare any designation not covered by the amount paid withdrawn under Article 14 (3) (b) and the receiving Office and the International Bureau shall proceed as provided in Rule 29.
(d) The receiving Office shall not return to the International Bureau any amount that it has charged to that Bureau for covering the transmittal fee.
(e) Where the international application is considered withdrawn, any amount charged to the International Bureau, other than the amount needed to cover the transmittal fee and the search fee transferred by the receiving Office to the International Searching Authority, shall be returned by the receiving Office to the International Bureau.
(f) Where the international application is considered withdrawn, any search fee charged by the receiving Office and transferred to the International Searching Authority shall be transferred by that Authority to the International Bureau unless the said Authority has already started the international search.
(g) Where paragraph (c) applies, the amount charged by the receiving Office to the International Bureau for designations which, as a consequence of the application of the

 

order under that paragraph, are not maintained, shall be returned to the International Bureau by the receiving Office. “16b is. 3 Notifications
(a) Any receiving Office may exclude the application of Rules 16b is.1 and 16bis.2 by a written notification to that effect given to the International Bureau by September 1, 1980. Such notification may be withdrawn at any time. The International Bureau shall publish all such notifications and withdrawals in the Gazette.
(b) Former Rule 15.5 remains applicable in respect of any receiving Office giving a notification under paragraph (a).”.
18	Rule 17.1.	Omit, substitute― “17.1 Obligation to Submit Copy of Earlier National Application	16 June 1980	1 October 1980
(a) Where the priority of an earlier national application is claimed under Article 8 in the international application, a copy of the said national application, certified by the authority with which it was filed (“the priority document”), shall, unless already filed with the receiving Office together with the international application, be submitted by the applicant to ^he International Bureau or to the receiving Office not later than 16 months after the priority date or, in the case referred to in Article 23(2), not later than at the time the processing or examination is requested. Where submitted to the receiving Office, the priority document shall be transmitted by that Office to the International Bureau together with the record copy or promptly after having been received by that Office. In the latter case, the receiving Office shall indicate to the International Bureau the date on which it received the priority document.
(b) Where the priority document is issued by the receiving Office, the applicant may, instead of submitting the priority document, request the receiving Office to transmit the priority document to the International Bureau. Such request shall be made not later than the expiration of the applicable time limit referred to under paragraph (a) and may be subjected by the receiving Office to the payment of a fee. The receiving Office shall, promptly after receipt of such request, and, where applicable, the payment of such fee, transmit the priority document to the International Bureau with an indication of the date or receipt of such request.
(c) If the requirements of neither of the two preceding paragraphs are complied with, any designated State may disregard the priority claim.
(d) The International Bureau shall record the date on which the priority document has been received by it or by the receiving Office. Where applicable, the date of receipt by the receiving Office of a request referred to under paragraph (b) shall be recorded as the date of receipt of the priority document. The International Bureau shall notify the applicant and the designated Offices accordingly.”.
19	Rule 18.5.......................................	Omit.	16 June 1980	1 October 1980
20	Rule 19.2.......................................	Omit, substitute—	16 June 1980	1 October 1980
“19.2 Several Applicants If there are several applicants, the requirements of Rule 19.1 shall be considered to be met if the national Office with which the international application is filed is the

SCHEDULE— continued

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Provision amended	Amendment	Date amendment made	Date of effect of amendment
national Office of or acting for a Contracting State of which at least one of the applicants is a resident or national.”.
21	New Rule 20.3b is..........	After Rule 20.3, insert the following Rule:	16June 1980	1 October 1980
“20.3b is Manner of Carrying Out Corrections The Administrative Instructions prescribe the manner in which corrections required under Article 11(2)(a) shall be presented by the applicant and the manner in which they shall be entered in the file of the international application.
22	Rule 22.2 (e).................	Omit, substitute—	26 September 1980	1 January 1981
“(e) Where the receiving Office does not hold the record copy at the disposal of the applicant 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 the expiration 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.”.
23	Rule 22.3.....................	Omit, substitute—	26 September 1980	1 January 1981
“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 the priority 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.”.
24	Rule 22.5.....................	Omit, substitute -	16June 1980	1 October 1980
“22.5 Documents Filed with the International Application Any power of attorney and any priority document filed with the international application referred to in Rule 3.3(a) (ii) shall accompany the record copy; any other document referred to in that Rule shall be sent only at the specific request of the International Bureau. If any document referred to in Rule 3.3(a) (ii) which is indicated in

 

the check list as accompanying the international application is not, in fact, filed at the latest by the time the record copy leaves the receiving Office, that Office shall so note on the check list and the said indication shall be considered as if it had not been made.”.
25	Rule 30.1	Omit, substitute—	16 June l980	1 October 1980
“30.1 Time Limit The time limit referred to in Article 14 (4) shall be 4 months from the international filing date.”.
26	Rule41.1	Omit, substitute—	16 June 1980	1 October 1980
•		“41.1 Obligation to Use Results; Refund of Fee If reference has been made in the request, in the form provided for in Rule 4.11, to an international-type search carried out under the conditions set out in Article 15 (5) or to a search other than an international or international-type search, the International Searching Authority shall, to the extent possible, use the results of the said search in establishing the international search report on the international application. The International Searching Authority shall refund the search fee, to the extent and under the conditions provided for in the agreement under Article 16 (3) (b) or in a communication addressed to and published in the Gazette by the International Bureau, if the international search report could wholly or partly be based on the results of the said search.”.
27	Rule 46.2	Omit, substitute—	16 June 1980	1 October 1980
“46.2 Dating of Amendments The date of filing of any amendement shall be recorded by the International Bureau, which shall also notify the applicant of the date and indicate the date in any publication or copy issued by it.”.
28	Rule 47.1 (c)	Omit, substitute—	16 June 1980	1 October 1980
“(c) The International Bureau shall send a notice to the applicant indicating the designated Offices to which the communication has been effected and the date of such communication. Such notice shall be sent on the same day as the communication. Each designated Office shall be informed, separately from the communication, about the sending and the date of mailing of the notice. The notice shall be accepted by all designated Offices as conclusive evidence that the communication has duly taken place on the date specified in the notice.”.
29	Rule 49.3	Omit, substitute—	16 June 1980	1 January 1981
“49.3 Statements under Article 19; Indications under Rule 13 bis.4 For the purposes of Article 22 and the present Rule, any statement made under Article 19(1) and any indication furnished under Rule 13bis 4 shall be considered part of the international application.”.
30	Rule 54.4	Omit.	16 June 1980	1 October 1980

SCHEDULE— continued

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Provision amended	Amendment	Date amendment made	Date of effect of amendment
31	Rule 55.1...................................	Omit, substitute—	16 June 1980	1 October 1980
“55.1 The Demand The demand shall be in the language of the international application or, when a translation is required under Rule 55.2, in the language of that translation, provided that the International Preliminary Examining Authority may permit the demand to be in any language specified in the agreement concluded between the International Bureau and that Authority.”.
32	Rule 57.4 (b)...................................	Omit, substitute—	16 June 1980	1 October 1980
“(b) If the applicant complies with the invitation within the one-month time limit, the handling fee shall be considered as if it had been paid on the due date.”.
33	Rule 57.5 (b)...................................	Omit, substitute—	16 June 1980	1 October 1980
“(b) If the applicant complies with the invitation within the one-month time limit, the supplement to the handling fee shall be considered as if it had been paid on the due date.”.
34	Rule 60.1 (b)...................................	Omit, substitute—	16 June 1980	1 October 1980
“(b) If the applicant complies with the invitation within the prescribed time limit, the demand shall be considered as if it had been received on the actual filing date, provided that the demand as submitted contained at least one election and permitted the international application to be identified; otherwise, the demand shall be considered as if it had been received on the date on which the International Preliminary Examining Authority receives the correction.”.
35	Rule 60.2 (b)...................................	Omit, substitute—	16 June 1980	1 October 1980
“(b) If the applicant complies with the invitation within the prescribed time limit, the later election shall be considered as if it had been received on the actual filing date, provided that the later election as submitted contained at least one election and permitted the international application to be identified; otherwise, the later election shall be considered as if it had been received on the date on which the International Bureau receives the correction.”.
36	Rule 76.3...................................	Omit, substitute—	16 June 1980	1 January 1981
“76.3 Statements under Article 19; Indications under Rule 13 bis.4 For the purposes of Article 39 and the present Rule, any statement made under Article 19(1) and any indication furnished under Rule 1 36/5.4 shall be considered part of the international application.”.

 

37	Rule 80.6.......................................	Omit, substitute—	16Junel980	1 October 1980
“80.6 Date of Documents (a) Where a period starts on the day of the date of a document or letter emanating from a national office or intergovernmental organization, any interested party may prove that the said document or letter was mailed on a day later than the date it bears, in which case the date of actual mailing shall, for the purposes of computing the period, be considered to be the date on which the period starts. Irrespective of the date on which such a document or letter was mailed, if the applicant offers to the national Office or intergovernmental organization evidence which satisfies the national Office or intergovernmental organization that the document or letter was received more than 7 days after the date it bears, the national Office or intergovernmental organization shall treat the period starting from the date of the document or letter as expiring later by an additional number of days which is equal to the number of days which the document or letter was received later than 7 days after the date it bears.”.
“(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. The International Bureau shall publish all such notifications and withdrawals in the Gazette.”.	26 September 1980	1 October 1980
38	Rule 82.1(a).......................................	Omit, substitute—	26 September 1980	1 January 1981
“(a) Any interested party may offer evidence that he has mailed the document or letter 5 days prior to the expiration of the time limit. Except in cases where surface mail normally arrives 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.”.
39	Rule 82.2 (a).......................................	Omit, substitute—	26 September 1980	1 January 1981
“(a) Any interested party may offer evidence that on any of the 10 days preceding the day 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.”.
40	Rule 90.3 (a).......................................	Omit, substitute—	I6Junel980	1 October 1980
“90.3 Appointment (a) Appointment of any agent, or of any common representative within the meaning of Rule 4.8(a), shall be effected by each applicant, at his choice, either by signing the request in which the agent or common representative is designated or by a separate power of attorney (i.e., a document appointing an agent or common representative).”.

SCHEDULE— continued

Column 1		Column 2		Column 3	Column 4		Column 5
Item		Provision amended		Amendment	Date amendment made		Date of effect of amendment
41	New Rule 90.3 (d)...............................		Add at the end of Rule 90.3—			16 June 1980		1 October 1980
“(d) A general power of attorney may be deposited with the receiving Office for purposes of the processing of the international application as defined in Rule 90.2(d). Reference may be made in the request to such general power of attorney, provided that a copy thereof is attached to the request by the applicant.”.
42	New Rule 91.2...............................		After Rule 91.1, insert the following Rule:			16 June 1980		1 October 1980
“91.2 Manner of Carrying Out Rectifications The Administrative Instructions prescribe the manner in which rectifications of obvious errors of transcription shall be made and the manner in which they shall be entered in the file of the international application.”.
43	Rule 92.1 (b)...............................		Omit, substitute—			16 June 1980		1 October 1980
“(b) If the requirements provided for in paragraph (a) are not complied with, the applicant shall be informed as to the non-compliance and invited to remedy the omission within a time limit fixed in the invitation. The time limit so fixed shall be reasonable in the circumstances; even where the time limit so fixed expires later than the time limit applying to the furnishing of the paper (or even if the latter time limit has already expired), it shall not be less than 10 days and not more than one month from the mailing of the invitation. If the omission is remedied within the time limit fixed in the invitation, the omission shall be disregarded; otherwise, the applicant shall be informed that the paper has been disregarded. “(c) Where non-compliance with the requirements provided for in paragraph (a) has been overlooked and the paper taken into account in the international procedure, the non-compliance shall be disregarded.”.

44	New Rule 92.4...............................		After Rule 92.3, insert the following Rule:			16 June 1980		1 October 1980
“92.4 Use of Telegraph, Teleprinter, Etc. (a) Notwithstanding the provisions of Rules 11.14 and 92.1 (a), but subject to paragraph (6), below, any document (including any drawing) subsequent to the international application may be sent by telegraph or teleprinter or other like means of communication producing a printed or written document. Any such document so sent shall be considered to have been submitted in a form complying with the requirements of the said Rules on the day on which it was communicated by the means mentioned above, provided that, within 14 days after being so communicated, its contents are furnished in

 

that form, otherwise, the telegraphic, teleprinter or other communication shall be considered not to have been made.
“(b) Each national Office or intergovernmental organization shall promptly notify the International Bureau of any means referred to in paragraph (a) by which it is prepared to receive documents referred to in that paragraph. The International Bureau shall publish the information so received in the Gazette as well as information concerning the means referred to in paragraph (a) by which the International Bureau is prepared to receive any such document. Paragraph (a) shall apply with respect to any national Office or intergovernmental organization only to the extent the said information has been so published with respect to it. The International Bureau shall publish, from time to time, in the Gazette, changes in the information previously published.”.
45	New Rule 926/5................................................	After Rule 92, insert the following heading and Rule:	16 June 1980	1 October 1980
“Rule 92 bis Changes in Certain Indications in the Request or the Demand
“926/5. 1 Recording of Changes by the International Bureau
The International Bureau shall, on the request of the applicant or the receiving Office, record changes in the following indications appearing in the request or demand:
(i) person, name, residence, nationality or address of the applicant,
(ii) person, name or address of the agent, the common representative or the inventor.
“926/5.2 Notifications (a) The International Bureau shall give notifications concerning changes recorded by it:
(i) to the receiving Office where the change has been recorded on the request of the applicant,
(ii) as long as the international search report or the declaration referred to in Article 17 (2) has not yet issued, to the International Searching Authority,
(iii) until the expiration of the time limit referred to in Article 22 (1), to the designated Offices,
(iv) as long as the international preliminary examination report has not yet issued, to the International Preliminary Examining Authority, (v) until the expiration of the time limit referred to in Article 39 (1) (a), to the elected Offices.
(b) A copy of each notification sent under paragraph (a) shall be sent to the applicant by the International Bureau.”.

SCHEDULE— continued

Column 1	Column 2	Column 3				Column 4	Column 5
Item	Provision amended	Amendment				Date amendment made	Date of effect0 of amendment
46	Schedule of fees...............	Omit the Schedule, substitute the following Schedule:			3 July 1981	1 January 1982
“SCHEDULE OF FEES
Fees	Amounts
1.	Basic Fee:
(Rule 15.2(a)) if the international application contains not more than 30 sheets	527 Swiss francs
if the international application contains more than 30 sheets	527 Swiss francs plus 11 Swiss francs for each sheet in excess of 30 sheets
2.	Designation Fee: (Rule 15.2(a))	127 Swiss francs
3.	Handling Fee: (Rule 57.2(a))	162 Swiss francs
4.	Supplement to the Handling Fee; (Rule 57.2(6))	162 Swiss francs
Surcharges
5.	Surcharge for late payment: (Rule 16bis. 2(a))	Minimum 200 Swiss francs Maximum: 500 Swiss francs”.

NOTE

1. Notified in the Commonwealth of Australia Gazette