Patents Regulations (Amendment) (Cth)
__________________
I, The Governor-General of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, make the following Regulations under the
Dated 1 June 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROSS FREE
Minister of State for Science and Technology
____________
1.1 These Regulations, other than regulation 5, commence on 1 July 1992.
[NOTE: Regulation 5 commences on gazettal: see
2.1 The Patents Regulations are amended as set out in these Regulations.
2.1 Subregulation 1.4 (2):
Omit “1 January 1992”, substitute “1 July 1992”.
4.1 Omit the Schedule, substitute:
Subregulation 1.4 (2)
TABLE OF PROVISIONS
Article 1: Establishment of a Union
Article 2: Definitions
Article 3: The International Application
Article 4: The Request
Article 5: The Description
Article 6: The Claims
Article 7: The Drawings
Article 8: Claiming Priority
Article 9: The Applicant
Article 10: The Receiving Office
Article 11: Filing Date and Effects of the International Application
Article 12: Transmittal of the International Application to the International Bureau and the International Searching Authority
Article 13: Availability of Copy of the International Application to Designated Offices
Article 14: Certain Defects in the International Application
Article 15: The International Search
Article 16: The International Searching Authority
Article 17: Procedure Before the International Searching Authority
Article 18: The International Search Report
Article 19: Amendment of the Claims Before the International Bureau
Article 20: Communication to Designated Offices
Article 21: International Publication
Article 22: Copy, Translation, and Fee, to Designated Offices
Article 23: Delaying of National Procedure
Article 24: Possible Loss of Effect in Designated States
Article 25: Review By Designated Offices
Article 26: Opportunity to Correct Before Designated Offices
Article 27: National Requirements
Article 28: Amendment of the Claims, the Description, and the Drawings, Before Designated Offices
Article 29: Effects of the International Publication
Article 30: Confidential Nature of the International Application
Article 31: Demand for International Preliminary Examination
Article 32: The International Preliminary Examining Authority
Article 33: The International Preliminary Examination
Article 34: Procedure Before the International Preliminary Examining Authority
Article 35: The International Preliminary Examination Report
Article 36: Transmittal, Translation, and Communication, of the International Preliminary Examination Report
Article 37: Withdrawal of Demand or Election
Article 38: Confidential Nature of the International Preliminary Examination
Article 39: Copy, Translation, and Fee, to Elected Offices
Article 40: Delaying of National Examination and Other Processing
Article 41: Amendment of the Claims, the Description, and the Drawings, Before Elected Offices
Article 42: Results of National Examination in Elected Offices
Article 43: Seeking Certain Kinds of Protection
Article 44: Seeking Two Kinds of Protection
Article 45: Regional Patent Treaties
Article 46: Incorrect Translation of the International Application
Article 47: Time Limits
Article 48: Delay in Meeting Certain Time Limits
Article 49: Right to Practice Before International Authorities
Article 50: Patent Information Services
Article 51: Technical Assistance
Article 52: Relations with Other Provisions of the Treaty
Article 53: Assembly
Article 54: Executive Committee
Article 55: International Bureau
Article 56: Committee for Technical Cooperation
Article 57: Finances
Article 58: Regulations
Article 59: Disputes
Article 60: Revision of the Treaty
Article 61: Amendment of Certain Provisions of the Treaty
Article 62: Becoming Party to the Treaty
Article 63: Entry into Force of the Treaty
Article 64: Reservations
Article 65: Gradual Application
Article 66: Denunciation
Article 67: Signature and Languages
Article 68: Depositary Functions
Article 69: Notifications
REGULATIONS UNDER THE PATENT COOPERATION TREATY
TABLE OF PROVISIONS
Rule 1 Abbreviated Expressions
1.1 Meaning of Abbreviated Expressions
Rule 2 Interpretation of Certain Words
2.1 “Applicant”
2.2 “Agent”
2.2
bis “Common Representative”
2.3 “Signature”
Rule 3 The Request (Form)
3.1 Form of Request
3.2 Availability of Forms
3.3 Check List
3.4 Particulars
Rule 4 The Request (Contents)
4.1 Mandatory and Optional Contents; Signature
4.2 The Petition
4.3 Title of the Invention
4.4 Names and Addresses
4.5 The Applicant
4.6 The Inventor
4.7 The Agent
4.8 Common Representative
4.9 Designation of States
4.10 Priority Claim
4.11 Reference to Earlier Search
4.12 Choice of Certain Kinds of Protection
4.13 Identification of Parent Application or Parent Grant
4.14 Continuation or Continuation in Part
4.15 Signature
4.16 Transliteration or Translation of Certain Words
4.17 Additional Matter
Rule 5. The Description
5.1 Manner of the Description
5.2 Nucleotide and/or Amino Acid Sequence Disclosure
Rule 6 The Claims
6.1 Number and Numbering of Claims
6.2 References to Other Parts of the International Application
6.3 Manner of Claiming
6.4 Dependent Claims
6.5 Utility Models
Rule 7 The Drawings
7.1 Flow Sheets and Diagrams
7.2 Time Limit
Rule 8 The Abstract
8.1 Contents and Form of the Abstract
8.2 Figure
8.3 Guiding Principles in Drafting
Rule 9 Expressions, Etc., Not to Be Used
9.1 Definition
9.2 Noting of Lack of Compliance
9.3 Reference to Article 21 (6)
Rule 10. Terminology and Signs
10.1 Terminology and Signs
10.2 Consistency
Rule 11 Physical Requirements of the International Application
11.1 Number of Copies
11.2 Fitness for Reproduction
11.3 Material to be Used
11.4 Separate Sheets, Etc.
11.5 Size of Sheets
11.6 Margins
11.7 Numbering of Sheets
11.8 Numbering of Lines
11.9 Writing of Text Matter
11.10 Drawings, Formulae, and Tables, in Text Matter
11.11 Words in Drawings
11.12 Alterations, Etc.
11.13 Special Requirements for Drawings
11.14 Later Documents
Rule 12 Language of the International Application
12.1 Admitted Languages
12.2 Language of Changes in the International Application
Rule 13 Unity of Invention
13.1 Requirement
13.2 Circumstances in Which the Requirement of Unity of Invention Is to Be Considered Fulfilled
13.3 Determination of Unity of Invention Not Affected by Manner of Claiming
13.4 Dependent Claims
13.5 Utility Models
Rule 13
bis Microbiological Inventions13
bis .1 Definitions13
bis .2 References (General)13
bis .3 References: Contents: Failure to Include Reference or Indication13
bis .4 References: Time of Furnishing Indications13
bis .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 Notified13
bis .6 Furnishing of Samples13
bis .7 National Requirements: Notification and PublicationRule 13
ter Nucleotide and/or Amino Acid Sequence Listings13
ter .1 Sequence Listing for International Authorities13
ter .2 Sequence Listing for Designated OfficeRule 14 The Transmittal Fee
14.1 The Transmittal Fee
Rule 15 The International Fee
15.1 Basic Fee and Designation Fee
15.2 Amounts
15.3 Mode of Payment
15.4 Time of Payment
15.5 Fees under Rule 4.9 (
c )15.6 Refund
Rule 16 The Search Fee
16.1 Right to Ask for a Fee
16.2 Refund
16.3 Partial Refund
Rule 16
bis Extension of Time Limits for Payment of Fees16
bis .1 Invitation by the Receiving Office16
bis .2 Late Payment FeeRule 17 The Priority Document
17.1 Obligation to Submit Copy of Earlier National Application
17.2 Availability of Copies
Rule 18 The Applicant
18.1 Residence
18.2 Nationality
18.3 Two or More Applicants
18.4 Information on Requirements Under National Law as to Applicants
Rule 19 The Competent Receiving Office
19.1 Where to File
19.2 Two or More Applicants
19.3 Publication of Fact of Delegation of Duties of Receiving Office
Rule 20 Receipt of the International Application
20.1 Date and Number
20.2 Receipt on Different Days
20.3 Corrected International Application
20.4 Determination under Article 11 (1)
20.5 Positive Determination
20.6 Invitation to Correct
20.7 Negative Determination
20.8 Error by the Receiving Office
20.9 Certified Copy for the Applicant
Rule 21 Preparation of Copies
21.1 Responsibility of the Receiving Office
Rule 22 Transmittal of the Record Copy
22.1 Procedure
22.2 [
Deleted ]22.3 Time Limit under Article 12 (3)
Rule 23 Transmittal of the Search Copy
23.1 Procedure
Rule 24 Receipt of the Record Copy by the International Bureau
24.1 [
Deleted ]24.2 Notification of Receipt of the Record Copy
Rule 25 Receipt of the Search Copy by the International Searching Authority
25.1 Notification of Receipt of the Search Copy
Rule 26 Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
26.1 Time Limit for Check
26.2 Time Limit for Correction
26.3 Checking of Physical Requirements under Article 14 (1) (
a ) (v)26.3
bis Invitation to Correct Defects under Article 14 (1) (b )26.3
ter Invitation to Correct Defects under Article 3 (4) (i)
26.4 Procedure
26.5 Decision of the Receiving Office
26.6 Missing Drawings
Rule 27 Lack of Payment of Fees
27.1 Fees
Rule 28 Defects Noted by the International Bureau
28.1 Note on Certain Defects
Rule 29 International Applications or Designations Considered Withdrawn under Article 14 (1), (3) or (4)
29.1 Finding by Receiving Office
29.2 [
Deleted ]29.3 Calling Certain Facts to the Attention of the Receiving Office
29.4 Notification of Intent to Make Declaration under Article 14 (4)
Rule 30 Time Limit under Article 14 (4)
30.1 Time Limit
Rule 31 Copies Required under Article 13
31.1 Request for Copies
31.2 Preparation of Copies
Rule 32 [
Deleted ]Rule 33 Relevant Prior Art for the International Search
33.1 Relevant Prior Art for the International Search
33.2 Fields to be Covered by the International Search
33.3 Orientation of the International Search
Rule 34 Minimum Documentation
34.1 Definition
Rule 35 The Competent International Searching Authority
35.1 Whe n Only One International Searching Authority is Competent
35.2 When Several International Searching Authorities are Competent
Rule 36 Minimum Requirements for International Searching Authorities
36.1 Definition of Minimum Requirements
Rule 37 Missing or Defective Title
37.1 Lack of Title
37.2 Establishment of Title
Rule 38 Missing or Defective Abstract
38.1 Lack of Abstract
38.2 Establishment of Abstract
Rule 39 Subject Matter under Article 17 (2) (
a ) (i)
39.1 Definition
Rule 40 Lack of Unity of Invention (International Search)
40.1 Invitation to Pay
40.2 Additional Fees
40.3 Time Limit
Rule 41 Earlier Search Other Than International Search
41.1 Obligation to Use Results; Refund of Fee
Rule 42 Time Limit for International Search
42.1 Time Limit for International Search
Rule 43 The International Search Report
43.1 Identifications
43.2 Dates
43.3 Classification
43.4 Language
43.5 Citations
43.6 Fields Searched
43.7 Remarks Concerning Unity of Invention
43.8 Authorized Officer
43.9 Additional Matter
43.10 Form
Rule 44 Transmittal of the International Search Report, Etc.
44.1 Copies of Report or Declaration
44.2 Title or Abstract
44.3 Copies of Cited Documents
Rule 45 Translation of the International Search Report
45.1 Languages
Rule 46 Amendment of Claims before the International Bureau
46.1 Time Limit
46.2 Where to File
46.3 Language of Amendments
46.4 Statement
46.5 Form of Amendments
Rule 47 Communication to Designated Offices
47.1 Procedure
47.2 Copies
47.3 Languages
47.4 Express Request under Article 23 (2)
Rule 48 International Publication
48.1 Form
48.2 Contents
48.3 Languages
48.4 Earlier Publication on the Applicant's Request
48.5 Notification of National Publication
48.6 Announcing of Certain Facts
Rule 49 Copy, Translation and Fee under Article 22
49.1 Notification
49.2 Languages
49.3 Statements under Article 19; Indications under Rule 13
bis .449.4 Use of National Form
49.5 Contents of and Physical Requirements for the Translation
Rule 50 Faculty under Article 22 (3)
50.1 Exercise of Faculty
Rule 51 Review by Designated Offices
51.1 Time Limit for Presenting the Request to Send Copies
51.2 Copy of the Notice
51.3 Time Limit for Paying National Fee and Furnishing Translation
Rule 51
bis Certain National Requirements Allowed under Article 27 (1), (2), (6) and (7)51
bis .1 Certain National Requirements Allowed51
bis .2 Opportunity to Comply with National RequirementsRule 52 Amendment of the Claims, the Description, and the Drawings, before Designated Offices
52.1 Time Limit
Rule 53 The Demand
53.1 Form
53.2 Contents
53.3 The Petition
53.4 The Applicant
53.5 Agent or Common Representative
53.6 Identification of the International Application
53.7 Election of States
53.8 Signature
53.9 Statement Concerning Amendments
Rule 54 The Applicant Entitled to Make a Demand
54.1 Residence and Nationality
54.2 Two or More Applicants
54.3 [
Deleted ]54.4 Applicant Not Entitled to Make a Demand
Rule 55 Languages (International Preliminary Examination)
55.1 The Demand
Rule 56 Later Elections
56.1 Elections Submitted Later Than the Demand
56.2 Identification of the International Application
56.3 Identification of the Demand
56.4 Form of Later Elections
56.5 Language of Later Elections
Rule 57 The Handling Fee
57.1 Requirement to Pay
57.2 Amount
57.3 Time and Mode of Payment
57.4 Failure to Pay
57.5 [
Deleted ]57.6 Refund
Rule 58 The Preliminary Examination Fee
58.1 Right to Ask for a Fee
58.2 Failure to pay
58.3 Refund
Rule 59 The Competent International Preliminary Examining Authority
59.1 Demands under Article 31 (2) (
a )59.2 Demands under Article 31 (2) (
b )Rule 60 Certain Defects in the Demand or Elections
60.1 Defects in the Demand
60.2 Defects in Later Elections
Rule 61 Notification of the Demand and Elections
61.1 Notification to the International Bureau and the Applicant
61.2 Notification to the Elected Offices
61.3 Information for the Applicant
61.4 Publication in the Gazette
Rule 62 Copy of Amendments Under Article 19 for the International Preliminary Examining Authority
62.1 Amendments Made before the Demand is Filed
62.2 Amendments Made after the Demand is Filed
Rule 63 Minimum Requirements for International Preliminary Examining Authorities
63.1 Definition of Minimum Requirements
Rule 64 Prior Art for International Preliminary Examination
64.1 Prior Art
64.2 Non-Written Disclosures
64.3 Certain Published Documents
Rule 65 Inventive Step or Non-Obviousness
65.1 Approach to Prior Art
65.2 Relevant Date
Rule 66 Procedure before the International Preliminary Examining Authority
66.1 Basis of the International Preliminary Examination
66.2 First Written Opinion of the International Preliminary Examining Authority
66.3 Formal Response to the International Preliminary Examining Authority
66.4 Additional Opportunity for Submitting Amendments or Arguments
66.4
bis Consideration of Amendments and Arguments
66.5 Amendment
66.6 Informal Communications with the Applicant
66.7 Priority Document
66.8 Form of Amendments
66.9 Language of Amendments
Rule 67 Subject Matter under Article 34 (4) (
a ) (i)
67.1 Definition
Rule 68 Lack of Unity of Invention (International Preliminary Examination)
68.1 No Invitation to Restrict or Pay
68.2 Invitation to Restrict or Pay
68.3 Additional Fees
68.4 Procedure in the Case of Insufficient Restriction of the Claims
68.5 Main Invention
Rule 69 Start of and Time Limit for International Preliminary Examination
69.1 Start of International Preliminary Examination
69.2 Time Limit for International Preliminary Examination
Rule 70 The International Preliminary Examination Report
70.1 Definition
70.2 Basis of the Report
70.3 Identifications
70.4 Dates
70.5 Classification
70.6 Statement under Article 35 (2)
70.7 Citations under Article 35 (2)
70.8 Explanations under Article 35 (2)
70.9 Non-Written Disclosures
70.10 Certain Published Documents
70.11 Mention of Amendments
70.12 Mention of Certain Defects and Other Matters
70.13 Remarks Concerning Unity of Invention
70.14 Authorized Officer
70.15 Form
70.16 Annexes of the Report
70.17 Languages of the Report and the Annexes
Rule 71 Transmittal of the International Preliminary Examination Report
71.1 Recipients
71.2 Copies of Cited Documents
Rule 72 Translation of the International Preliminary Examination Report
72.1 Languages
72.2 Copy of Translation for the Applicant
72.3 Observations on the Translation
Rule 73 Communication of the International Preliminary Examination Report
73.1 Preparation of Copies
73.2 Time Limit for Communication
Rule 74 Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof
74.1 Contents of Translation and Time Limit for Transmittal Thereof
Rule 75 [
Deleted ]Rule 76 Copy, Translation and Fee under Article 39 (1); Translation of Priority Document
76.1 [
Deleted ]76.2 [
Deleted ]76.3 [
Deleted ]76.4 Time Limit for Translation of Priority Document
76.5 Application of Rules 22.1 (g), 49 and 51
bis 76.6 Transitional Provision
Rule 77 Faculty under Article 39 (1) (
b )
77.1 Exercise of Faculty
Rule 78 Amendment of the Claims, the Description, and the Drawings, before Elected Offices
78.1 Time Limit Where Election Is Effected prior to Expiration of 19 Months from Priority Date
78.2 Time Limit Where Election Is Effected After Expiration of 19 Months from Priority Date
78.3 Utility Models
Rule 79 Calendar
79.1 Expressing Dates
Rule 80 Computation of Time Limits
80.1 Periods Expressed in Years
80.2 Periods Expressed in Months
80.3 Periods Expressed in Days
80.4 Local Dates
80.5 Expiration on a Non-Working Day
80.6 Date of Documents
80.7 End of Working Day
Rule 81 Modification of Time Limits Fixed in the Treaty
81.1 Proposal
81.2 Decision by the Assembly
81.3 Voting by Correspondence
Rule 82 Irregularities in the Mail Service
82.1 Delay or Loss in Mail
82.2 Interruption in the Mail Service
Rule 82
bis Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits82
bis .1 Meaning of "Time Limit" in Article 48 (2)82
bis .2 Reinstatement of Rights and Other Provisions to which Article 48 (2) AppliesRule 82
ter Rectification of Errors Made by the Receiving Office or by the International Bureau82
ter .1 Errors Concerning the International Filing Date and the Priority ClaimRule 83 Right to Practice before International Authorities
83.1 Proof of Right
83.2 Information
Rule 84 Expenses of Delegations
84.1 Expenses Borne by Governments
Rule 85 Absence of Quorum in the Assembly
85.1 Voting by Correspondence
Rule 86 The Gazette
86.1 Contents
86.2 Languages
86.3 Frequency
86.4 Sale
86.5 Title
86.6 Further Details
Rule 87 Copies of Publications
87.1 International Searching and Preliminary Examining Authorities
87.2 National Offices
Rule 88 Amendment of the Regulations
88.1 Requirement of Unanimity
88.2 [
Deleted ]88.3 Requirement of Absence of Opposition by Certain States
88.4 Procedure
Rule 89 Administrative Instructions
89.1 Scope
89.2 Source
89.3 Publication and Entry into Force
Rule 90 Agents and Common Representatives
90.1 Appointment as Agent
90.2 Common Representative
90.3 Effects of Acts by or in Relation to Agents and Common Representatives
90.4 Manner of Appointment of Agent or Common Representative
90.5 General Power of Attorney
90.6 Revocation and Renunciation
Rule 90
bis Withdrawals90
bis .1 Withdrawal of the International Application90
bis .2 Withdrawal of Designations90
bis .3 Withdrawal of Priority Claims
90
bis .4 Withdrawal of the Demand, or of Elections90
bis .5 Signature90
bis .6 Effect of Withdrawal90
bis .7 Faculty under Article 37 (4) (b )Rule 91 Obvious Errors in Documents
91.1 Rectification
Rule 92 Correspondence
92.1 Need for Letter and for Signature
92.2 Languages
92.3 Mailings by National Offices and Intergovernmental Organizations
92.4 Use of Telegraph, Teleprinter, Facsimile Machine, Etc.
Rule 92
bis Recording of Changes in Certain Indications in the Request or the Demand92
bis .1 Recording of Changes by the International BureauRule 93 Keeping of Records and Files
93.1 The Receiving Office
93.2 The International Bureau
93.3 The International Searching and Preliminary Examining Authorities
93.4 Reproductions
Rule 94 Furnishing of Copies by the International Bureau and the International Preliminary Examining Authority
94.1 Obligation To Furnish
Rule 95 Availability of Translations
95.1 Furnishing of Copies of Translations
Rule 96 The Schedule of Fees
96.1 Schedule of Fees Annexed to Regulations
Done at Washington June 19, 1970
amended on October 2, 1979 and modified on February 3, 1984
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,
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 attainment of these aims,
Have concluded the present Treaty.
The States party to this Treaty (hereinafter called "the Contracting States") constitute a Union for cooperation in the filing, searching, and examination, of applications for the protection of inventions, and for rendering special technical services. The Union shall be known as the International Patent Cooperation Union.
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 that Convention.
For the purposes of this Treaty and the Regulations and unless expressly stated otherwise:
“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;
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;
“national patent” means a patent granted by a national authority;
“regional patent” means a patent granted by a national or an intergovernmental authority having the power to grant patents effective in more than one State;
“regional application” means an application for a regional patent;
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;
“international application” means an application filed under this Treaty;
references to an “application” shall be construed as references to international applications and national applications;
references to a “patent” shall be construed as references to national patents and regional patents;
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;
“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;
“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 the obligations and exercise the powers which this Treaty and the Regulations provide for in respect of national Offices;
“designated Office” means the national Office of or acting for the State designated by the applicant under Chapter I of this Treaty;
“elected Office” means the national Office of or acting for the State elected by the applicant under Chapter II of this Treaty;
“receiving Office” means the national Office or the intergovernmental organization with which the international application has been filed;
“Union” means the International Patent Cooperation Union;
“Assembly” means the Assembly of the Union;
“Organization” means the World Intellectual Property Organization;
“International Bureau” means the International Bureau of the Organization and, as long as it subsists, the United International Bureaux for the Protection of Intellectual Property (BIRPI);
“Director General” means the Director General of the Organization and, as long as BIRPI subsists, the Director of BIRPI.
CHAPTER I
Applications for the protection of inventions in any of the Contracting States may be filed as international applications under this Treaty.
An international application shall contain, as specified in this Treaty and the Regulations, a request, a description, one or more claims, one or more drawings (where required), and an abstract.
The abstract merely serves the purpose of technical information and cannot be taken into account for any other purpose, particularly not for the purpose of interpreting the scope of the protection sought.
The international application shall:
be in a prescribed language;
comply with the prescribed physical requirements;
comply with the prescribed requirement of unity of invention;
be subject to the payment of the prescribed fees.
The request shall contain:
a petition to the effect that the international application be processed according to this Treaty;
the designation of the Contracting State or States in which protection for the invention is desired on the basis of the international application (“designated States”); if for any designated State a regional patent is available and the applicant wishes to obtain a regional patent rather than a national patent, the request shall so indicate; if, under a treaty concerning a regional patent, the applicant cannot limit his application to certain of the States party to that treaty, designation of one of those States and the indication of the wish to obtain the regional patent shall be treated as designation of all the States party to that treaty; if, under the national law of the designated State, the designation of that State has the effect of an application for a regional patent, the designation of the said State shall be treated as an indication of the wish to obtain the regional patent;
the name of and other prescribed data concerning the applicant and the agent (if any);
the title of the invention;
the name of and other prescribed data concerning the inventor where the national law of at least one of the designated States requires that these indications be furnished at the time of filing a national application. Otherwise, the said indications may be furnished either in the request or in separate notices addressed to each designated Office whose national law requires the furnishing of the said indications but allows that they be furnished at a time later than that of the filing of a national application.
Every designation shall be subject to the payment of the prescribed fee within the prescribed time limit.
Unless the applicant asks for any of the other kinds of protection referred to in Article 43, designation shall mean that the desired protection consists of the grant of a patent by or for the designated State. For the purposes of this paragraph, Article 2 (ii) shall not apply.
Failure to indicate in the request the name and other prescribed data concerning the inventor shall have no consequence in any designated State whose national law requires the furnishing of the said indications but allows that they be furnished at a time later than that of the filing of a national application. Failure to furnish the said indications in a separate notice shall have no consequence in any designated State whose national law does not require the furnishing of the said indications.
The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.
The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description.
Subject to the provisions of paragraph (2) (ii), drawings shall be required when they are necessary for the understanding of the invention.
Where, without being necessary for the understanding of the invention, the nature of the invention admits of illustration by drawings:
the applicant may include such drawings in the international application when filed,
any designated Office may require that the applicant file such drawings with it within the prescribed time limit.
The international application may contain a declaration, as prescribed in the Regulations, claiming the priority of one or more earlier applications filed in or for any country party to the Paris Convention for the Protection of Industrial Property.
(
(
Any resident or national of a Contracting State may file an international application.
The Assembly may decide to allow the residents and the nationals of any country party to the Paris Convention for the Protection of Industrial Property which is not party to this Treaty to file international applications.
The concepts of residence and nationality, and the application of those concepts in cases where there are several applicants or where the applicants are not the same for all the designated States, are defined in the Regulations.
The international application shall be filed with the prescribed receiving Office, which will check and process it as provided in this Treaty and the Regulations.
The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that that Office has found that, at the time of receipt:
the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office,
the international application is in the prescribed language,
the international application contains at least the following elements:
(
(
(
(
(
(
(
Subject to Article 64 (4), any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) and accorded an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.
Any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) shall be equivalent to a regular national filing within the meaning of the Paris Convention for the Protection of Industrial Property.
One copy of the international application shall be kept by the receiving Office (“home copy”), one copy (“record copy”) shall be transmitted to the International Bureau, and another copy (“search copy”) shall be transmitted to the competent International Searching Authority referred to in Article 16, as provided in the Regulations.
The record copy shall be considered the true copy of the international application.
The international application shall be considered withdrawn if the record copy has not been received by the International Bureau within the prescribed time limit.
Any designated Office may ask the International Bureau to transmit to it a copy of the international application prior to the communication provided for in Article 20, and the International Bureau shall transmit such copy to the designated Office as soon as possible after the expiration of one year from the priority date.
(
(
(
(
it is not signed as provided in the Regulations;
(ii) it does not contain the prescribed indications concerning the applicant;
it does not contain a title;
it does not contain an abstract;
(v) it does not comply to the extent provided in the Regulations with the prescribed physical requirements.
(
If the international application refers to drawings which, in fact, are not included in that application, the receiving Office shall notify the applicant accordingly and he may furnish them within the prescribed time limit and, if he does, the international filing date shall be the date on which the drawings are received by the receiving Office. Otherwise, any reference to the said drawings shall be considered non-existent.
(
(
If, after having accorded an international filing date to the international application, the receiving Office finds, within the prescribed time limit, that any of the requirements listed in items (i) to (iii) of Article 11 (1) was not complied with at that date, the said application shall be considered withdrawn and the receiving Office shall so declare.
Each international application shall be the subject of international search.
The objective of the international search is to discover relevant prior art.
International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any).
The International Searching Authority referred to in Article 16 shall endeavour to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations.
(
(
(
International search shall be carried out by an International Searching Authority, which may be either a national Office or an intergovernmental organization, such as the International Patent Institute, whose tasks include the establishing of documentary search reports on prior art with respect to inventions which are the subject of applications.
If, pending the establishment of a single
International Searching Authority, there are several International Searching
Authorities, each receiving Office shall, in accordance with the provisions of
the applicable agreement referred to in paragraph (3) (
(
(
(
(
(
Procedure before the International Searching Authority shall be governed by the provisions of this Treaty, the Regulations, and the agreement which the International Bureau shall conclude, subject to this Treaty and the Regulations, with the said Authority.
(
(i) that the international application relates to a subject matter which the International Searching Authority is not required, under the Regulations, to search, and in the particular case decides not to search, or
(ii) that the description, the claims, or the drawings, fail to comply with the prescribed requirements to such an extent that a meaningful search could not be carried out,
the said Authority shall so declare and shall notify the applicant and the International Bureau that no international search report will be established.
(
(
(
The international search report shall be established within the prescribed time limit and in the prescribed form.
The international search report shall, as soon as it has been established, be transmitted by the International Searching Authority to the applicant and the International Bureau.
The international search report or the
declaration referred to in Article 17 (2) (
The applicant shall, after having received the international search report, be entitled to one opportunity to amend the claims of the international application by filing amendments with the International Bureau within the prescribed time limit. He may, at the same time, file a brief statement, as provided in the Regulations, explaining the amendments and indicating any impact that such amendments might have on the description and the drawings.
The amendments shall not go beyond the disclosure in the international application as filed.
If the national law of any designated State permits amendments to go beyond the said disclosure, failure to comply with paragraph (2) shall have no consequence in that State.
(
(
If the claims have been amended by virtue of Article 19 (1), the communication shall either contain the full text of the claims both as filed and as amended or shall contain the full text of the claims as filed and specify the amendments, and shall include the statement, if any, referred to in Article 19 (1).
At the request of the designated Office or the applicant, the International Searching Authority shall send to the said Office or the applicant, respectively, copies of the documents cited in the international search report, as provided in the Regulations.
The International Bureau shall publish international applications.
(
(
The international search report or the
declaration referred to in Article 17 (2) (
The language and form of the international publication and other details are governed by the Regulations.
There shall be no international publication if the international application is withdrawn or is considered withdrawn before the technical preparations for publication have been completed.
If the international application contains expressions or drawings which, in the opinion of the International Bureau, are contrary to morality or public order, or if, in its opinion, the international application contains disparaging statements as defined in the Regulations, it may omit such expressions, drawings, and statements, from its publications, indicating the place and number of words or drawings omitted, and furnishing, upon request, individual copies of the passages omitted.
The applicant shall furnish a copy of the international application (unless the communication provided for in Article 20 has already taken place) and a translation thereof (as prescribed), and pay the national fee (if any), to each designated Office not later than at the expiration of 20 months from the priority date. Where the national law of the designated State requires the indication of the name of and other prescribed data concerning the inventor but allows that these indications be furnished at a time later than that of the filing of a national application, the applicant shall, unless they were contained in the request, furnish the said indications to the national Office of or acting for that State not later than at the expiration of 20 months from the priority date.
Where the International Searching Authority
makes a declaration, under Article 17 (2) (
Any national law may, for performing the acts referred to in paragraphs (1) or (2), fix time limits which expire later than the time limit provided for in those paragraphs.
No designated Office shall process or examine the international application prior to the expiration of the applicable time limit under Article 22.
Notwithstanding the provisions of paragraph (1), any designated Office may, on the express request of the applicant, process or examine the international application at any time.
Subject, in case (ii) below, to the provisions of Article 25, the effect of the international application provided for in Article 11 (3) shall cease in any designated State with the same consequences as the withdrawal of any national application in that State:
(i) if the applicant withdraws his international application or the designation of that State;
(ii) if the international application is considered withdrawn by virtue of Articles 12 (3), 14 (1) (
b ), 14 (3) (a ), or 14 (4), or if the designation of that State is considered withdrawn by virtue of Article 14 (3) (b );
(iii) if the applicant fails to perform the acts referred to in Article 22 within the applicable time limit.
Notwithstanding the provisions of paragraph (1), any designated Office may maintain the effect provided for in Article 11 (3) even where such effect is not required to be maintained by virtue of Article 25 (2).
(
(
(
(
(
No designated Office shall reject an international application on the grounds of non-compliance with the requirements of this Treaty and the Regulations without first giving the applicant the opportunity to correct the said application to the extent and according to the procedure provided by the national law for the same or comparable situations in respect of national applications.
No national law shall require compliance with requirements relating to the form or contents of the international application different from or additional to those which are provided for in this Treaty and the Regulations.
The provisions of paragraph (1) neither affect the application of the provisions of Article 7 (2) nor preclude any national law from requiring, once the processing of the international application has started in the designated Office, the furnishing:
(i) when the applicant is a legal entity, of the name of an officer entitled to represent such legal entity,
(ii) of documents not part of the international application but which constitute proof of allegations or statements made in that application, including the confirmation of the international application by the signature of the applicant when that application, as filed, was signed by his representative or agent.
Where the applicant, for the purposes of any designated State, is not qualified according to the national law of that State to file a national application because he is not the inventor, the international application may be rejected by the designated Office.
Where the national law provides, in respect of the form or contents of national applications, for requirements which, from the viewpoint of applicants, are more favourable than the requirements provided for by this Treaty and the Regulations in respect of international applications, the national Office, the courts and any other competent organs of or acting for the designated State may apply the former requirements, instead of the latter requirements, to international applications, except where the applicant insists that the requirements provided for by this Treaty and the Regulations be applied to his international application.
Nothing in this Treaty and the Regulations is intended to be construed as prescribing anything that would limit the freedom of each Contracting State to prescribe such substantive conditions of patentability as it desires. In particular, any provision in this Treaty and the Regulations concerning the definition of prior art is exclusively for the purposes of the international procedure and, consequently, any Contracting State is free to apply, when determining the patentability of an invention claimed in an international application, the criteria of its national law in respect of prior art and other conditions of patentability not constituting requirements as to the form and contents of applications.
The national law may require that the applicant furnish evidence in respect of any substantive condition of patentability prescribed by such law.
Any receiving Office or, once the processing of the international application has started in the designated Office, that Office may apply the national law as far as it relates to any requirement that the applicant be represented by an agent having the right to represent applicants before the said Office and/or that the applicant have an address in the designated State for the purpose of receiving notifications.
Nothing in this Treaty and the Regulations is intended to be construed as limiting the freedom of any Contracting State to apply measures deemed necessary for the preservation of its national security or to limit, for the protection of the general economic interests of that State, the right of its own residents or nationals to file international applications.
The applicant shall be given the opportunity to amend the claims, the description, and the drawings, before each designated Office within the prescribed time limit. No designated Office shall grant a patent, or refuse the grant of a patent, before such time limit has expired except with the express consent of the applicant.
The amendments shall not go beyond the disclosure in the international application as filed unless the national law of the designated State permits them to go beyond the said disclosure.
The amendments shall be in accordance with the national law of the designated State in all respects not provided for in this Treaty and the Regulations.
Where the designated Office requires a translation of the international application, the amendments shall be in the language of the translation.
As far as the protection of any rights of the applicant in a designated State is concerned, the effects, in that State, of the international publication of an international application shall, subject to the provisions of paragraphs (2) to (4), be the same as those which the national law of the designated State provides for the compulsory national publication of unexamined national applications as such.
If the language in which the international publication has been effected is different from the language in which publications under the national law are effected in the designated State, the said national law may provide that the effects provided for in paragraph (1) shall be applicable only from such time as:
(i) a translation into the latter language has been published as provided by the national law, or
(ii) a translation into the latter language has been made available to the public, by laying open for public inspection as provided by the national law, or
(iii) a translation into the latter language has been transmitted by the applicant to the actual or prospective unauthorized user of the invention claimed in the international application, or
(iv) both the acts described in (i) and (iii), or both the acts described in (ii) and (iii), have taken place.
The national law of any designated State may provide that, where the international publication has been effected, on the request of the applicant, before the expiration of 18 months from the priority date, the effects provided for in paragraph (1) shall be applicable only from the expiration of 18 months from the priority date.
The national law of any designated State may provide that the effects provided for in paragraph (1) shall be applicable only from the date on which a copy of the international application as published under Article 21 has been received in the national Office of or acting for such State. The said Office shall publish the date of receipt in its gazette as soon as possible.
(
(
(
(i) date of the international publication of the international application,
(ii) date of the receipt of the communication of the international application under Article 20,
(iii) date of the receipt of a copy of the international application under Article 22.
(
(
The provisions of paragraph (2) (
For the purposes of this Article, the term “access” covers any means by which third parties may acquire cognizance, including individual communication and general publication, provided, however, that no national Office shall generally publish an international application or its translation before the international publication or, if international publication has not taken place by the expiration of 20 months from the priority date, before the expiration of 20 months from the said priority date.
CHAPTER II
On the demand of the applicant, his international application shall be the subject of an international preliminary examination as provided in the following provisions and the Regulations.
(
(
The demand for international preliminary examination shall be made separately from the international application. The demand shall contain the prescribed particulars and shall be in the prescribed language and form.
(
(
The demand shall be subject to the payment of the prescribed fees within the prescribed time limit.
(
(
Each elected Office shall be notified of its election.
International preliminary examination shall be carried out by the International Preliminary Examining Authority.
In the case of demands referred to in Article
31 (2) (
The provisions of Article 16 (3) shall
apply,
The objective of the international preliminary examination is to formulate a preliminary and non-binding opinion on the questions whether the claimed invention appears to be novel, to involve an inventive step (to be non-obvious), and to be industrially applicable.
For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.
For the purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant date, obvious to a person skilled in the art.
For the purposes of the international preliminary examination, a claimed invention shall be considered industrially applicable if, according to its nature, it can be made or used (in the technological sense) in any kind of industry. “Industry” shall be understood in its broadest sense, as in the Paris Convention for the Protection of Industrial Property.
The criteria described above merely serve the purposes of international preliminary examination. Any Contracting State may apply additional or different criteria for the purpose of deciding whether, in that State, the claimed invention is patentable or not.
The international preliminary examination shall take into consideration all the documents cited in the international search report. It may take into consideration any additional documents considered to be relevant in the particular case.
Procedure before the International Preliminary Examining Authority shall be governed by the provisions of this Treaty, the Regulations, and the agreement which the International Bureau shall conclude, subject to this Treaty and the Regulations, with the said Authority.
(
(
(
(i) the invention satisfies the criteria set forth in Article 33 (1),
(ii) the international application complies with the requirements of this Treaty and the Regulations in so far as checked by that Authority,
(iii) no observations are intended to be made under Article 35 (2), last sentence.
(
(
(
(
(
(i) that the international application relates to a subject matter on which the International Preliminary Examining Authority is not required, under the Regulations, to carry out an international preliminary examination, and in the particular case decides not to carry out such examination, or
(ii) that the description, the claims, or the drawings, are so unclear, or the claims are so inadequately supported by the description, that no meaningful opinion can be formed on the novelty, inventive step (non-obviousness), or industrial applicability, of the claimed invention,
the said Authority shall not go into the questions referred to in Article 33 (1) and shall inform the applicant of this opinion and the reasons therefor.
(
The international preliminary examination report shall be established within the prescribed time limit and in the prescribed form.
The international preliminary examination report shall not contain any statement on the question whether the claimed invention is or seems to be patentable or unpatentable according to any national law. It shall state, subject to the provisions of paragraph (3), in relation to each claim, whether the claim appears to satisfy the criteria of novelty, inventive step (non-obviousness), and industrial applicability, as defined for the purposes of the international preliminary examination in Article 33 (1) to (4). The statement shall be accompanied by the citation of the documents believed to support the stated conclusion with such explanations as the circumstances of the case may require. The statement shall also be accompanied by such other observations as the Regulations provide for.
(
(
The international preliminary examination report, together with the prescribed annexes, shall be transmitted to the applicant and to the International Bureau.
(
(
(
(
The provisions of Article 20 (3) shall
apply,
The applicant may withdraw any or all elections.
If the election of all elected States is withdrawn, the demand shall be considered withdrawn.
(
(
(
(
Neither the International Bureau nor the International Preliminary Examining Authority shall, unless requested or authorized by the applicant, allow access within the meaning, and with the proviso, of Article 30 (4) to the file of the international preliminary examination by any person or authority at any time, except by the elected Offices once the international preliminary examination report has been established.
Subject to the provisions of paragraph (1)
and Articles 36 (1) and (3) and 37 (3) (
(
(
The effect provided for in Article
11 (3) shall cease in the elected State with the same consequences as the
withdrawal of any national application in that State if the applicant fails to
perform the acts referred to in paragraph (1) (
Any elected Office may maintain the effect
provided for in Article 11 (3) even where the applicant does not comply
with the requirements provided for in paragraph (1) (
If the election of any Contracting State has been effected prior to the expiration of the 19th month from the priority date, the provisions of Article 23 shall not apply to such State and the national Office of or acting for that State shall not proceed, subject to the provisions of paragraph (2), to the examination and other processing of the international application prior to the expiration of the applicable time limit under Article 39.
Notwithstanding the provisions of paragraph (1), any elected Office may, on the express request of the applicant, proceed to the examination and other processing of the international application at any time.
The applicant shall be given the opportunity to amend the claims, the description, and the drawings, before each elected Office within the prescribed time limit. No elected Office shall grant a patent, or refuse the grant of a patent, before such time limit has expired, except with the express consent of the applicant.
The amendments shall not go beyond the disclosure in the international application as filed, unless the national law of the elected State permits them to go beyond the said disclosure.
The amendments shall be in accordance with the national law of the elected State in all respects not provided for in this Treaty and the Regulations.
Where an elected Office requires a translation of the international application, the amendments shall be in the language of the translation.
No elected Office receiving the international preliminary examination report may require that the applicant furnish copies, or information on the contents, of any papers connected with the examination relating to the same international application in any other elected Office.
CHAPTER III
In respect of any designated or elected State whose law provides for the grant of inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, or utility certificates of addition, the applicant may indicate, as prescribed in the Regulations, that his international application is for the grant, as far as that State is concerned, of an inventor's certificate, a utility certificate, or a utility model, rather than a patent, or that it is for the grant of a patent or certificate of addition, an inventor's certificate of addition, or a utility certificate of addition, and the ensuing effect shall be governed by the applicant's choice. For the purposes of this Article and any Rule thereunder, Article 2 (ii) shall not apply.
In respect of any designated or elected State whose law permits an application, while being for the grant of a patent or one of the other kinds of protection referred to in Article 43, to be also for the grant of another of the said kinds of protection, the applicant may indicate, as prescribed in the Regulations, the two kinds of protection he is seeking, and the ensuing effect shall be governed by the applicant's indications. For the purposes of this Article, Article 2 (ii) shall not apply.
(
(
(
90
(
(
(
90
(
(
(
(
(
90
(
(
(
(
(
90
(
(
(
90
(
(
(i) a statement is furnished explaining, to the satisfaction of the receiving Office, the International Bureau or the International Preliminary Examining Authority, as the case may be, the lack of signature of the applicant concerned, or
(ii) in the case of a notice of withdrawal referred to in Rule 90
bis .1 (b ), 90bis .2 (d ) or 90bis .3 (c ), the applicant concerned did not sign the request but the requirements of Rule 4.15 (b ) were complied with, or
(iii) in the case of a notice of withdrawal referred to in Rule 90
bis .4 (b ), the applicant concerned did not sign the demand but the requirements of Rule 53.8 (b ) were complied with, or did not sign the later election concerned but the requirements of Rule 56.1 (c ) were complied with.
90
(
(
(
90
(
(
91.1
(
(
(
(
(
(i) of the receiving Office if the error is in the request,
(ii) of the International Searching Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority,
(iii) of the International Preliminary Examining Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority, and
(iv) of the International Bureau if the error is in any paper, other than the international application or amendments or corrections to that application, submitted to the International Bureau.
(
(
(i) where it is given by the receiving Office or by the International Searching Authority, if its notification to the International Bureau reaches that Bureau before the expiration of 17 months from the priority date;
(ii) where it is given by the International Preliminary Examining Authority, if it is given before the establishment of the international preliminary examination report;
(iii) where it is given by the International Bureau, if it is given before the expiration of 17 months from the priority date.
(g
(
(
92.1
(
(
(
92.2
(
(
(
(
92.3
Any document or letter emanating from or transmitted by a national Office or an intergovernmental organization and constituting an event from the date of which any time limit under the Treaty or these Regulations commences to run shall be sent by air mail, provided that surface mail may be used instead of air mail in cases where surface mail normally arrives at its destination within two days from mailing or where air mail service is not available.
92.4
(
(
(
(
(
(i) waive the requirement under paragraph (
d ), or(ii) invite the applicant to furnish, within a time limit which shall be reasonable under the circumstances and shall be fixed in the invitation, the original of the document transmitted,
provided that, where the document transmitted contains defects, or shows that the original contains defects, in respect of which the national Office or intergovernmental organization may issue an invitation to correct, that Office or organization may issue such an invitation in addition to, or instead of, proceeding under item (i) or (ii).
(
(
(i) where the document concerned is the international application, the latter shall be considered withdrawn and the receiving Office shall so declare;
(ii) where the document concerned is a document subsequent to the international application, the document shall be considered as not having been submitted.
(
92
(
(i) person, name, residence, nationality or address of the applicant,
(ii) person, name or address of the agent, the common representative or the inventor.
(
(i) of the time limit referred to in Article 22 (1), where Article 39 (1) is not applicable with respect to any Contracting State;
(ii) of the time limit referred to in Article 39 (1) (
a ), where Article 39 (1) is applicable with respect to at least one Contracting State.
93.1
Each receiving Office shall keep the records relating to each international application or purported international application, including the home copy, for at least 10 years from the international filing date or, where no international filing date is accorded, from the date of receipt.
93.2
(
(
93.3
Each International Searching Authority and each International Preliminary Examining Authority shall keep the file of each international application it receives for at least 10 years from the international filing date.
93.4
For the purposes of this Rule, records, copies and files shall also mean photographic reproductions of records, copies, and files, whatever may be the form of such reproductions (microfilms or other).
94.1
At the request of the applicant or any person authorized by the applicant, the International Bureau and the International Preliminary Examining Authority shall furnish, subject to reimbursement of the cost of the service, copies of any document contained in the file of the applicant's international application or purported international application.
95.1
(
(
96.1
The amounts of the fees referred to in Rules 15 and 57 shall be expressed in Swiss currency. They shall be specified in the Schedule of Fees which is annexed to these Regulations and forms an integral part thereof.
SCHEDULE OF FEES
1. Basic Fee:
(Rule 15.2( | |
| 762 Swiss francs |
| 762 Swiss francs plus 15 Swiss francs for each sheet in excess of 30 sheets |
2. Designation Fee:
(Rule 15.2 ( | |
( | 185
Swiss francs per designation, provided that any designation made under Rule
4.9 ( |
| 185 Swiss francs per designation |
3. Confirmation Fee:
(Rule 15.5 ( | 50%
of the sum of the designation fees payable under item 2 ( |
4. Handling Fee:
(Rule 57.2 ( | 233 Swiss francs |
5.1 Part 1:
Insert “Gambia” after “Gabon”.
6.1 Omit the Schedule, substitute:
FEES
PART 1—PATENT ATTORNEYS
Column 1 Item | Column 2 Matter |
|
1 | On making an application for admission to sit for an examination—per subject |
|
2 | On making an application for grant of a supplementary examination—per subject |
|
3 | On making an application for a report of reasons for failure—per subject |
|
4 | On making an application for a certificate of the Board under regulation 20.16 |
|
5 | On making an application for registration as a patent attorney |
|
6 | Annual registration fee payable by a patent attorney |
|
7 | On making an application under regulation 20.19 |
|
PART 2—GENERAL FEES
Column 1 Item | Column 2 Matter |
|
1 | On filing a request for a patent accompanied by a provisional specification | $80 |
2 | On filing a request for a petty patent accompanied by a complete specification | $80 |
3 | On filing a request for a standard patent accompanied by a complete specification | $165 |
plus: |
Column 1 Item | Column 2 Matter |
|
| $8 | |
| $8 | |
4 | On filing a request for an examination of a patent request and complete specification: | |
| ||
| $380 | |
| $325 | |
| ||
| $325 | |
| $280 | |
5 | On filing a request under subsection 44 (3) of the Act requiring the Commissioner to direct an applicant to request examination | $90 |
6 | On filing a copy of the specification referred to in subregulation 3.20 (6): | |
| $50 | |
| $160 |
Column 1 Item | Column 2 Matter |
|
7 | On filing a request under subsection 97 (2) of the Act for re-examination of a complete specification | $1030 |
8 | Continuation fee for the purposes of paragraph 142 (2) (d) and renewal fee for the purposes of paragraph 143 (a) of the Act for: | |
(a) the third anniversary | $115 | |
(b) the fourth anniversary | $140 | |
(c) the fifth anniversary | $165 | |
(d) the sixth anniversary | $195 | |
(e) the seventh anniversary | $225 | |
(f) the eighth anniversary | $265 | |
(g) the ninth anniversary | $300 | |
(h) the tenth anniversary | $340 | |
(i) the eleventh anniversary | $380 | |
(j) the twelfth anniversary | $420 | |
(k) the thirteenth anniversary | $465 | |
(l) the fourteenth anniversary | $515 | |
(m) the fifteenth anniversary | $565 | |
plus: | ||
if paid within 6 months after the anniversary | $55 for each month, or part of a month, after the anniversary to when the fee is paid |
Column 1 Item | Column 2 Matter |
|
9 | Renewal fee for the purposes of paragraph 143 (a) of the Act if an extension of the term of a standard patent has been granted under subsection 75 (2) or (4) of the Act for: | |
(a) the sixteenth anniversary | $620 | |
(b) the seventeenth anniversary | $670 | |
(c) the eighteenth anniversary | $720 | |
(d) the nineteenth anniversary | $775 | |
plus: | ||
if paid within 6 months after the anniversary | $55 for each month, or part of a month, after the anniversary to when the fee is paid | |
10 | On filing a notice of opposition under regulation 5.3 | $90 |
11 | 5.5 (1) for dismissal of opposition | $50 |
12 | On filing an application under subregulation 5.10 (2) for an extension of time, for each month, or part of a month, for which the application is made | $55 |
13 | On filing an application under subregulation 5.10 (4) to lodge further evidence in opposition proceedings | $75 |
14 | For sealing a standard patent under section 61 of the Act | $260 |
15 | On filing an application for the grant of an extension of the term of a petty patent under section 69 of the Act | $50 |
16 | For granting an extension of the term of a petty patent under section 69 of the Act | $295 |
Column 1 Item | Column 2 Matter |
|
17 | On filing an application under section 70 of the Act for the extension of the term of a patent relating to a pharmaceutical substance | $335 |
18 | For granting under section 75 of the Act an extension of term of a patent relating to a pharmaceutical substance | $335 |
19 | On filing an application under section 66 of the Act for a duplicate of a patent to be sealed | $50 |
20 | On filing a request for leave to amend a complete specification under section 104 of the Act, before a request for examination has been filed or after the complete specification has been accepted | $100 |
21 | On filing a request for leave to amend: | |
| $50 | |
| $90 | |
22 | On filing: | |
| $55 | |
| ||
| $55, plus $25 for each request after the first |
Column 1 Item | Column 2 Matter |
|
23 | On filing a request under subregulation 19.1 (2) for registration of particulars referred to in paragraph 19.1 (1) (a) or (b): | |
| $50 | |
| $50, plus $25 for each request after the first | |
24 | On filing a request under subsection 17 (1) or (2), section 46, subsection 49 (3), 54 (1), 82 (1), 92 (1) or 113 (1) or section 215 of the Act | $50 |
25 | On filing a document or documents referred to in subregulation 8.6 (2), 3 months after filing the application: | |
| $50 | |
(b) after filing a request for examination | $160 | |
26 | On filing any translation or translations referred to in paragraph 3.1 (3) (b), 3 months after complying with the requirements of subsection 89 (3) of the Act: | |
| $50 | |
(b) after filing a request for examination | $160 | |
27 | On filing a request under subsection 150 (1) of the Act to restore a lapsed application | $90 |
28 | On filing an application under subsection 223 (2) of the Act for an extension of time on the ground specified in paragraph 223 (2) (a) of the Act: | |
| $55 |
Column 1 Item | Column 2 Matter |
|
| $85, plus the amount payable under paragraph (a) | |
29 | For granting an extension of time under subsection 223 (2) of the Act on the ground specified in paragraph 223 (2) (a) of the Act, if the extension is granted after the period for which the application is made—for each month, or part of a month, for which the time is extended | $55, less any amount paid under paragraph (a) of item 28 |
30 | On filing an application under subsection 223 (2) of the Act for an extension of time on the ground specified in paragraph 223 (2) (b) of the Act | $55 |
31 | On filing a request for the exercise of discretionary power under regulation 22.22 or appearing at a hearing | $80 |
32 | On filing a response to the Commissioner's report under section 45 or 48 of the Act, if filed more than 12 months, but within 21 months, after the date of the first report on the examination—for each month, or part of a month, after the 12 months, other than a month in respect of which a fee was paid in relation to that examination | $55 |
33 | For supply of an uncertified copy of: | |
(a) a patent specification | $15 | |
(b) another document | $10 | |
34 | For supply of a certificate by the Commissioner: | |
(a) for the first certificate | $75 | |
| $55 | |
35 | On filing a request for information under subregulation 19.2 (1), other than a request referred to in item 36 or 37—for each application, patent or document | $50 |
Column 1 Item | Column 2 Matter |
|
36 | On filing a request for a computer printout of information under subregulation 19.2 (1) about a patent or a patent application | $10 |
37 | On filing a request under subregulation 19.2 (2) for information that requires an international-type search | $545 |
38 | On filing a request under section 58 of the Act for the result of a search made under section 45 or 48 of the Act | $25 |
39 | On filing a substitute page or pages in compliance with a direction under subregulation 3.2(4): | |
| $30 | |
| $95 | |
40 | For filing an abstract after the day when a direction was given under subregulation 3.4 (5) | $50 |
41 | For taxing costs | $45 |
PART 3—GENERAL FEES FOR INTERNATIONAL APPLICATIONS
Column 1 Item | Column 2 Matter |
|
1 | Transmittal fee under Rule 14 of the PCT | $50 |
2 | Search fee under Rule 16 of the PCT | $585 |
3 | Additional fee for search under Article 17 (3) (a) of the PCT | $525 |
4 | Preliminary examination fee under Rule 58 of the PCT | $295 |
5 | Additional fee for international preliminary examination under Article 34 (3) (a) of the PCT | $295 |
Column 1 Item | Column 2 Matter |
|
6 | For a copy of a document in accordance with Rules
44.3 ( | $15 |
7 | Confirmation fee under Rule 15.5 ( | 50% of the sum of the designation fees payable under item 2 (b) of Part 4 in this Schedule |
PART 4—FEES FOR INTERNATIONAL APPLICATIONS PAYABLE
FOR THE BENEFIT OF THE INTERNATIONAL BUREAU
Column 1 Item | Column 2 Matter |
|
1 | Basic fee under Rule 15.2 ( | |
(a) if the international application contains not more than 30 sheets | 762 Swiss francs | |
(b) if the international application contains more than 30 sheets | 762 Swiss francs, plus 15 Swiss francs for each sheet in excess of 30 sheets | |
2 | Designation fee under Rule 15.2 ( | |
(a)
for designations made under Rule 4.9 ( | 185 Swiss francs per
designation, provided that any designation made under Rule 4.9 ( |
Column 1 Item | Column 2 Matter |
| |
(b) for designations made under Rule 4.9 ( | 185 Swiss francs per designation | ||
3 | Handling
fee under Rule 57.2 ( | 233 Swiss francs | |
7.1 The amendments made by regulation 6 do not apply in respect of:
(a) a continuation fee in respect of a year; or
(b) a renewal fee in respect of a year of a patent;
being a year or year of a patent ending on or after the commencement of regulation 6, if that continuation fee or renewal fee became due and payable, and has been paid, before that commencement.
7.2 If a patent request and complete specification relating to an application for a standard patent has been accepted under section 49 of the Act before the commencement of regulation 6, the fee payable for the sealing of that patent is the fee that was applicable to the sealing of such a patent immediately before that commencement.
7.3 In this regulation:
“
“
8.1 Part 2 Division 1:
Paragraph 2 (b):
Omit “accomodation”, substitute “accommodation”.
8.2 Part 2 Division 2:
Paragraph 3 (b):
Omit “$81”, substitute “$92”.
8.3 Part 2 Division 2:
Paragraph 3 (b):
Omit “$407”, substitute “$462”.
8.4 Part 2 Division 2:
Paragraph 4 (b):
Omit “$46”, substitute “$52”.
8.5 Part 2 Division 2:
Paragraph 4 (b):
Omit “$76”, substitute “$86”.
____________________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 9 June 1992.2. Statutory Rules 1991 No. 71 as amended by 1991 No. 456.
0
0
0