4. Article
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- (1)) [More Favorable Requirements] A Contracting Party shall be free to provide for requirements which, from the viewpoint of applicants and owners, are more favorable than the requirements referred to in this Treaty and the Regulations, other than Article 5.
- (2)) [No Regulation of Substantive Patent Law] Nothing in this Treaty or the Regulations is intended to be construed as prescribing anything that would limit the freedom of a Contracting Party to prescribe such requirements of the applicable substantive law relating to patents as it desires.
- (1)) [Applications]
- (2)) [Patents] The provisions of this Treaty and the Regulations shall apply to national and regional patents for invention, and to national and regional patents of addition, which have been granted with effect for a Contracting Party.
- (1)) [Elements of Application]
- (2)) [Language]
- (3)) [Notification] Where the application does not comply with one or more of the requirements applied by the Contracting Party under paragraphs (1) and (2), the Office shall, as soon as practicable, notify the applicant, giving the opportunity to comply with any such requirement, and to make observations, within the time limit prescribed in the Regulations.
- (4)) [Subsequent Compliance with Requirements]
- (5)) [Notification Concerning Missing Part of Description or Drawing] Where, in establishing the filing date, the Office finds that a part of the description appears to be missing from the application, or that the application refers to a drawing which appears to be missing from the application, the Office shall promptly notify the applicant accordingly.
- (6)) [Filing Date Where Missing Part of Description or Drawing Is Filed]
- (7)) [Replacing Description and Drawings by Reference to a Previously Filed Application]
- (8)) [Exceptions] Nothing in this Article shall limit:
- (1)) [Form or Contents of Application] Except where otherwise provided for by this Treaty, no Contracting Party shall require compliance with any requirement relating to the form or contents of an app lication different from or additional to:
- (2)) [Request Form]
- (3)) [Translation] A Contracting Party may require a translation of any part of the application that is not in a language accepted by its Office. A Contracting Party may also require a translation of the parts of the application, as prescribed in the Regulations, that are in a language accepted by the Office, into any other languages accepted by that Office.
- (4)) [Fees] A Contracting Party may require that fees be paid in respect of the application. A Contracting Party may apply the provisions of the Patent Cooperation Treaty relating to payment of application fees.
- (5)) [Priority Document] Where the priority of an earlier application is claimed, a Contracting Party may require that a copy of the earlier application, and a translation where the earlier application is not in a language accepted by the Office, be filed in accordance with the requirements prescribed in the Regulations.
- (6)) [Evidence] A Contracting Party may require that evidence in respect of any matter referred to in paragraph (1) or (2) or in a declaration of priority, or any translation referred to in paragraph (3) or (5), be filed with its Office in the course of the processing of the application only where that Office may reasonably doubt the veracity of that matter or the accuracy of that translation.
- (7)) [Notification] Where one or more of the requirements applied by the Contracting Party under paragraphs (1) to (6) are not complied with, the Office shall notify the applicant, giving the opportunity to comply with any such requirement, and to make observations, within the time limit prescribed in the Regulations.
- (8)) [Non-Compliance with Requirements]
- (1)) [Representatives]
- (2)) [Mandatory Representation]
- (3)) [Appointment of Representative] A Contracting Party shall accept that the appointment of the representative be filed with the Office in a manner prescribed in the Regulations.
- (4)) [Prohibition of Other Requirements] No Contracting Party may require that formal requirements other than those referred to in paragraphs (1) to (3) be complied with in respect of the matters dealt with in those paragraphs, except where otherwise provided for by this Treaty or prescribed in the Regulations.
- (5)) [Notification] Where one or more of the requirements applied by the Contracting Party under paragraphs (1) to (3) are not complied with, the Office shall notify the assignee of the application, applicant, owner or other interested person, giving the opportunity to comply with any such requirement, and to make observations, within the time limit prescribed in the Regulations.
- (6)) [Non-Compliance with Requirements] Where one or more of the requirements applied by the Contracting Party under paragraphs (1) to (3) are not complied with within the time limit prescribed in the Regulations, the Contracting Party may apply such sanction as is provided for in its law.
- (1)) [Form and Means of Transmittal of Communications]
- (2)) [Language of Communications] A Contracting Party may, except where otherwise provided for by this Treaty or the Regulations, require that a communication be in a language accepted by the Office.
- (3)) [Model International Forms] Notwithstanding paragraph (1)(a), and subject to paragraph (1)(b) and Article 6(2)(b), a Contracting Party shall accept the presentation of the contents of a communication on a Form which corresponds to a Model International Form in respect of such a communication provided for in the Regulations, if any.
- (4)) [Signature of Communications]
- (5)) [Indications in Communications] A Contracting Party may require that any communication contain one or more indications prescribed in the Regulations.
- (6)) [Address for Correspondence, Address for Legal Service and Other Address] A Contracting Party may, subject to any provisions prescribed in the Regulations, require that an applicant, owner or other interested person indicate in any communication:
- (7)) [Notification] Where one or more of the requirements applied by the Contracting Party under paragraphs (1) to (6) are not complied with in respect of communications, the Office shall notify the applicant, owner or other interested person, giving the opportunity to comply with any such requirement, and to make observations, within the time limit prescribed in the Regulations.
- (8)) [Non-Compliance with Requirements] Where one or more of the requirements applied by the Contracting Party under paragraphs (1) to (6) are not complied with within the time limit prescribed in the Regulations, the Contracting Party may, subject to Articles 5 and 10 and to any exceptions prescribed in the Regulations, apply such sanction as is provided for in its law.
- (1)) [Sufficient Notification] Any notification under this Treaty or the Regulations which is sent by the Office to an address for correspondence or address for legal service indicated under Article 8(6), or any other address provided for in the Regulations for the purpose of this provision, and which complies with the provisions with respect to that notification, shall constitute a sufficient notification for the purposes of this Treaty and the Regulations.
- (2)) [If Indications Allowing Contact Were Not Filed] Nothing in this Treaty and in the Regulations shall oblige a Contracting Party to send a notification to an applicant, owner or other interested person, if indications allowing that applicant, owner or other interested person to be contacted have not been filed with the Office.
- (3)) [Failure to Notify] Subject to Article 10(1), where an Office does not notify an applicant, owner or other interested person of a failure to comply with any requirement under this Treaty or the Regulations, that absence of notification does not relieve that applicant, owner or other interested person of the obligation to comply with that requirement.
- (1)) [Validity of Patent Not Affected by Non-Compliance with Certain Formal Requirements] Non-compliance with one or more of the formal requirements referred to in Articles 6(1), (2), (4) and (5) and 8(1) to (4) with respect to an application may not be a ground for revocation or invalidation of a patent, either totally or in part, except where the non-compliance with the formal requirement occurred as a result of a fraudulent intention.
- (2)) [Opportunity to Make Observations, Amendments or Corrections in Case of Intended Revocation or Invalidation] A patent may not be revoked or invalidated, either totally or in part, without the owner being given the opportunity to make observations on the intended revocation or invalidation, and to make amendments and corrections where permitted under the applicable law, within a reasonable time limit.
- (3)) [No Obligation for Special Procedures] Paragraphs (1) and (2) do not create any obligation to put in place judicial procedures for the enforcement of patent rights distinct from those for the enforcement of law in general.
- (1)) [Extension of Time Limits] A Contracting Party may provide for the extension, for the period prescribed in the Regulations, of a time limit fixed by the Office for an action in a procedure before the Office in respect of an application or a patent, if a request to that effect is made to the Office in accordance with the requirements prescribed in the Regulations, and the request is filed, at the option of the Contracting Party:
- (2)) [Continued Processing] Where an applicant or owner has failed to comply with a time limit fixed by the Office of a Contracting Party for an action in a procedure before the Office in respect of an application or a patent, and that Contracting Party does not provide for extension of a time limit under paragraph (1)(ii), the Contracting Party shall provide for continued processing with respect to the application or patent and, if necessary, reinstatement of the rights of the applicant or owner with respect to that application or patent, if:
- (3)) [Exceptions] No Contracting Party shall be required to provide for the relief referred to in paragraph (1) or (2) with respect to the exceptions prescribed in the Regulations.
- (4)) [Fees] A Contracting Party may require that a fee be paid in respect of a request under paragraph (1) or (2).
- (5)) [Prohibition of Other Requirements] No Contracting Party may require that requirements other than those referred to in paragraphs (1) to (4) be complied with in respect of the relief provided for under paragraph (1) or (2), except where otherwise provided for by this Treaty or prescribed in the Regulations.
- (6)) [Opportunity to Make Observations in Case of Intended Refusal] A request under paragraph (1) or (2) may not be refused without the applicant or owner being given the opportunity to make observations on the intended refusal within a reasonable time limit.
- (1)) [Request] A Contracting Party shall provide that, where an applicant or owner has failed to comply with a time limit for an action in a procedure before the Office, and that failure has the direct consequence of causing a loss of rights with respect to an application or patent, the Office shall reinstate the rights of the applicant or owner with respect to the application or patent concerned, if:
- (2)) [Exceptions] No Contracting Party shall be required to provide for the reinstatement of rights under paragraph (1) with respect to the exceptions prescribed in the Regulations.
- (3)) [Fees] A Contracting Party may require that a fee be paid in respect of a request under paragraph (1).
- (4)) [Evidence] A Contracting Party may require that a declaration or other evidence in support of the reasons referred to in paragraph (1)(iii) be filed with the Office within a time limit fixed by the Office.
- (5)) [Opportunity to Make Observations in Case of Intended Refusal] A request under paragraph (1) may not be refused, totally or in part, without the requesting party being given the opportunity to make observations on the intended refusal within a reasonable time limit.
- (1)) [Correction or Addition of Priority Claim] Except where otherwise prescribed in the Regulations, a Contracting Party shall provide for the correction or addition of a priority claim with respect to an application ("the subsequent application"), if:
- (2)) [Delayed Filing of the Subsequent Application] Taking into consideration Article 15, a Contracting Party shall provide that, where an application ("the subsequent application") which claims or could have claimed the priority of an earlier application has a filing date which is later than the date on which the priority period expired, but within the time limit prescribed in the Regulations, the Office shall restore the right of priority, if:
- (3)) [Failure to File a Copy of Earlier Application] A Contracting Party shall provide that, where a copy of an earlier application required under Article 6(5) is not filed with the Office within the time limit prescribed in the Regulations pursuant to Article 6, the Office shall restore the right of priority, if:
- (4)) [Fees] A Contracting Party may require that a fee be paid in respect of a request under paragraphs (1) to (3).
- (5)) [Evidence] A Contracting Party may require that a declaration or other evidence in support of the reasons referred to in paragraph (2)(iii) be filed with the Office within a time limit fixed by the Office.
- (6)) [Opportunity to Make Observations in Case of Intended Refusal] A request under paragraphs (1) to (3) may not be refused, totally or in part, without the requesting party being given the opportunity to make observations on the intended refusal within a reasonable time limit.
- (1)) [Content]
- (2)) [Amending the Regulations] Subject to paragraph (3), any amendment of the Regulations shall require three-fourths of the votes cast.
- (3)) [Requirement of Unanimity]
- (4)) [Conflict Between the Treaty and the Regulations] In the case of conflict between the provisions of this Treaty and those of the Regulations, the former shall prevail.
- (1)) [Obligation to Comply with the Paris Convention] Each Contracting Party shall comply with the provisions of the Paris Convention which concern patents.
- (2)) [Obligations and Rights Under the Paris Convention]
- (1)) [Applicability of Revisions, Amendments and Modifications of the Patent Cooperation Treaty] Subject to paragraph (2), any revision, amendment or modification of the Patent Cooperation Treaty made after June 2, 2000, which is consistent with the Articles of this Treaty, shall apply for the purposes of this Treaty and the Regulations if the Assembly so decides, in the particular case, by three-fourths of the votes cast.
- (2)) [Non-Applicability of Transitional Provisions of the Patent Cooperation Treaty] Any provision of the Patent Cooperation Treaty, by virtue of which a revised, amended or modified provision of that Treaty does not apply to a State party to it, or to the Office of or acting for such a State, for as long as the latter provision is incompatible with the law applied by that State or Office, shall not apply for the purposes of this Treaty and the Regulations.
- (1)) [Composition]
- (2)) [Tasks] The Assembly shall:
- (3)) [Quorum]
- (4)) [Taking Decisions in the Assembly]
- (5)) [Majorities]
- (6)) [Sessions] The Assembly shall meet in ordinary session once every two years upon convocation by the Director General.
- (7)) [Rules of Procedure] The Assembly shall establish its own rules of procedure, including rules for the convocation of extraordinary sessions.
- (1)) [Administrative Tasks]
- (2)) [Meetings Other than Sessions of the Assembly] The Director General shall convene any committee and working group established by the Assembly.
- (3)) [Role of the International Bureau in the Assembly and Other Meetings]
- (4)) [Conferences]
- (5)) [Other Tasks] The International Bureau shall carry out any other tasks assigned to it in relation to this Treaty.
- (1)) [Revision of the Treaty] Subject to paragraph (2), this Treaty may be revised by a conference of the Contracting Parties. The convocation of any revision conference shall be decided by the Assembly.
- (2)) [Revision or Amendment of Certain Provisions of the Treaty] Article 17(2) and (6) may be amended either by a revision conference, or by the Assembly according to the provisions of paragraph (3).
- (3)) [Amendment by the Assembly of Certain Provisions of the Treaty]
- (1)) [States] Any State which is party to the Paris Convention or which is a member of the Organization, and in respect of which patents may be granted, either through the State's own Office or through the Office of another State or intergovernmental organization, may become party to this Treaty.
- (2)) [Intergovernmental Organizations] Any intergovernmental organization may become party to this Treaty if at least one member State of that intergovernmental organization is party to the Paris Convention or a member of the Organization, and the intergovernmental organization declares that it has been duly authorized, in accordance with its internal procedures, to become party to this Treaty, and declares that:
- (3)) [Regional Patent Organizations] The European Patent Organization, the Eurasian Patent Organization and the African Regional Industrial Property Organization, having made the declaration referred to in paragraph (2)(i) or (ii) in the Diplomatic Conference that has adopted this Treaty, may become party to this Treaty as an intergovernmental organization, if it declares, at the time of the deposit of the instrument of ratification or accession that it has been duly authorized, in accordance with its internal procedures, to become party to this Treaty.
- (4)) [Ratification or Accession] Any State or intergovernmental organization satisfying the requirements in paragraph (1), (2) or (3) may deposit:
- (1)) [Entry into Force of this Treaty] This Treaty shall enter into force three months after ten instruments of ratification or accession by States have been deposited with the Director General.
- (2)) [Effective Dates of Ratifications and Accessions] This Treaty shall bind:
- (1)) [Principle] Subject to paragraph (2), a Contracting Party shall apply the provisions of this Treaty and the Regulations, other than Articles 5 and 6(1) and (2) and related Regulations, to applications which are pending, and to patents which are in force, on the date on which this Treaty binds that Contracting Party under Article 21.
- (2)) [Procedures] No Contracting Party shall be obliged to apply the provisions of this Treaty and the Regulations to any procedure in proceedings with respect to applications and patents referred to in paragraph (1), if such procedure commenced before the date on which this Treaty binds that Contracting Party under Article 21.
- (1)) [Reservation] Any State or intergovernmental organization may declare through a reservation that the provisions of Article 6(1) shall not apply to any requirement relating to unity of invention applicable under the Patent Cooperation Treaty to an international application.
- (2)) [Modalities] Any reservation under paragraph (1) shall be made in a declaration accompanying the instrument of ratification of, or accession to, this Treaty of the State or intergovernmental organization making the reservation.
- (3)) [Withdrawal] Any reservation under paragraph (1) may be withdrawn at any time.
- (4)) [Prohibition of Other Reservations] No reservation to this Treaty other than the reservation allowed under paragraph (1) shall be permitted.
- (1)) [Notification] Any Contracting Party may denounce this Treaty by notification addressed to the Director General.
- (2)) [Effective Date] Any denunciation shall take effect one year from the date on which the Director General has received the notification or at any later date indicated in the notification. It shall not affect the application of this Treaty to any application pending or any patent in force in respect of the denouncing Contracting Party at the time of the coming into effect of the denunciation.
- (1)) [Authentic Texts] This Treaty is signed in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally and exclusively authentic.
- (2)) [Official Texts] An official text in any language other than those referred to in paragraph (1) shall be established by the Director General, after consultation with the interested parties. For the purposes of this paragraph, interested party means any State which is party to the Treaty, or is eligible to become party to the Treaty under Article 20(1), whose official language, or one of whose official languages, is involved, and the European Patent Organization, the Eurasian Patent Organization and the African Regional Industrial Property Organization and any other intergovernmental organization that is party to the Treaty, or may become party to the Treaty, if one of its official languages is involved.
- (3)) [Authentic Texts to Prevail] In case of differences of opinion on interpretation between authentic and official texts, the authentic texts shall prevail.
- (1)) [Depositary] The Director General is the depositary of this Treaty.
- (2)) [Registration] The Director General shall register this Treaty with the Secretariat of the United Nations.
- (1)) ["Treaty"; "Article"]
- (2)) [Abbreviated Expressions Defined in the Treaty] The abbreviated expressions defined in Article 1 for the purposes of the Treaty shall have the same meaning for the purposes of the Regulations.
- (1)) [Time Limits Under Article 5(3) and (4)(b)] Subject to paragraph (2), the time limits referr ed to in Article 5(3) and (4)(b) shall be not less than two months from the date of the notification referred to in Article 5(3).
- (2)) [Exception to Time Limit Under Article 5(4)(b)] Where a notification under Article 5(3) has not been made because indications allowing the applicant to be contacted by the Office have not been filed, the time limit referred to in Article 5(4)(b) shall be not less than two months from the date on which one or more elements referred to in Article 5(1)(a) were first received by the Office.
- (3)) [Time Limits Under Article 5(6)(a) and (b)] The time limits referred to in Article 5(6)(a) and (b) shall be:
- (4)) [Requirements Under Article 5(6)(b)] Any Contracting Party may, subject to Rule 4(3), require that, for the filing date to be determined under Article 5(6)(b):
- (5)) [Requirements Under Article 5(7)(a)]
- (6)) [Exceptions Under Article 5(8)(ii)] The types of applications referred to in Article 5(8)(ii) shall be:
- (1)) [Further Requirements Under Article 6(1)(iii)]
- (2)) [Request Form Under Article 6(2)(b)] A Contracting Party shall accept the presentation of the contents referred to in Article 6(2)(a):
- (3)) [Requirement Under Article 6(3)] A Contracting Party may require, under Article 6(3), a translation of the title, claims and abstract of an application that is in a language accepted by the Office, into any other languages accepted by that Office.
- (1)) [Copy of Earlier Application Under Article 6(5)] Subject to paragraph (3), a Contracting Party may require that a copy of the earlier application referred to in Article 6(5) be filed with the Office within a time limit which shall be not less than 16 months from the filing date of that earlier application or, where there is more than one such earlier application, from the earliest filing date of those earlier applications.
- (2)) [Certification] Subject to paragraph (3), a Contracting Party may require that the copy referred to in paragraph (1) and the date of filing of the earlier application be certified as correct by the Office with which the earlier application was filed.
- (3)) [Availability of Earlier Application or of Previously Filed Application] No Contracting Party shall require the filing of a copy or a certified copy of the earlier application or a certification of the filing date, as referred to in paragraphs (1) and (2), and Rule 2(4), or a copy or a certified copy of the previously filed application as referred to in Rule 2(5)(b), where the earlier application or the previously filed application was filed with its Office, or is available to that Office from a digital library which is accepted by the Office for that purpose.
- (4)) [Translation] Where the earlier application is not in a language accepted by the Office and the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable, the Contracting Party may require that a translation of the earlier application referred to in paragraph (1) be filed by the applicant, upon invitation by the Office or other competent authority, within a time limit which shall be not less than two months from the date of that invitation, and not less than the time limit, if any, applied under that paragraph.
- (1)) [Time Limits Under Article 6(7) and (8)] Subject to paragraphs (2) and (3), the time limits referred to in Article 6(7) and (8) shall be not less than two months from the date of the notification referred to in Article 6(7).
- (2)) [Exception to Time Limit Under Article 6(8)] Subject to paragraph (3), where a notification under Article 6(7) has not been made because indications allowing the applicant to be contacted by the Office have not been filed, the time limit referred to in Article 6(8) shall be not less than three months from the date on which one or more of the elements referred to in Article 5(1)(a) were first received by the Office.
- (3)) [Time Limits Under Article 6(7) and (8) Relating to Payment of Application Fee in Accordance with the Patent Cooperation Treaty] Where any fees required to be paid under Article 6(4) in respect of the filing of the application are not paid, a Contracting Party may, under Article 6(7) and (8), apply time limits for payment, including late payment, which are the same as those applicable under the Patent Cooperation Treaty in relation to the international filing fee.
- (1)) [Other Procedures Under Article 7(2)(a)(iii)] The other procedures referred to in Article 7(2)(a)(iii) for which a Contracting Party may not require appointment of a representative are:
- (2)) [Appointment of Representative Under Article 7(3)]
- (3)) [Translation of Power of Attorney] A Contracting Party may require that, if a power of attorney is not in a language accepted by the Office, it be accompanied by a translation.
- (4)) [Evidence] A Contracting Party may require that evidence be filed with the Office only where the Office may reasonably doubt the veracity of any indication contained in any communication referred to in paragraph (2)(a).
- (5)) [Time Limits Under Article 7(5) and (6)] Subject to paragraph (6), the time limits referred to in Article 7(5) and (6) shall be not less than two months from the date of the notification referred to in Article 7(5).
- (6)) [Exception to Time Limit Under Article 7(6)] Where a notification referred to in Article 7(5) has not been made because indications allowing the applicant, owner or other interested person to be contacted by the Office have not been filed, the time limit referred to in Article 7(6) shall be not less than three months from the date on which the procedure referred to in Article 7(5) was commenced.
- (1)) [Communications Filed on Paper]
- (2)) [Communications Filed in Electronic Form or by Electronic Means of Transmittal]
- (3)) [Copies, Filed in Electronic Form or by Electronic Means of Transmittal, of Communications Filed on Paper]
- (1)) [Indications Accompanying Signature] A Contracting Party may require that the signature of the natural person who signs be accompanied by:
- (2)) [Date of Signing] A Contracting Party may require that a signature be accompanied by an indication of the date on which the signing was effected. Where that indication is required but is not supplied, the date on which the signing is deemed to have been effected shall be the date on which the communication bearing the signature was received by the Office or, if the Contracting Party so permits, a date earlier than the latter date.
- (3)) [Signature of Communication on Paper] Where a communication to the Office of a Contracting Party is on paper and a signature is required, that Contracting Party:
- (4)) [Signature of Communications Filed in Electronic Form or by Electronic Means of Transmittal Resulting in Graphic Representation] Where a Contracting Party permits the filing of communications in electronic form or by electronic means of transmittal, it shall consider such a communication signed if a graphic representation of a signature accepted by that Contracting Party under paragraph (3) appears on that communication as received by the Office of that Contracting Party.
- (5)) [Signature of Communications Filed in Electronic Form Not Resulting in Graphic Representation of Signature]
- (6)) [Exception to Certification of Signature Under Article 8(4)(b)] A Contracting Party may require that any signature referred to in paragraph (5) be confirmed by a process for certifying signatures in electronic form specified by that Contracting Party.
- (1)) [Indications Under Article 8(5)]
- (2)) [Address for Correspondence and Address for Legal Service] A Contracting Party may require that the address for correspondence referred to in Article 8(6)(i) and the address for legal service referred to in Article 8(6)(ii) be on a territory prescribed by that Contracting Party.
- (3)) [Address Where No Representative Is Appointed] Where no representative is appointed and an applicant, owner or other interested person has provided, as his address, an address on a territory prescribed by the Contracting Party under paragraph (2), that Contracting Party shall consider that address to be the address for correspondence referred to in Article 8(6)(i) or the address for legal service referred to in Article 8(6)(ii), as required by the Contracting Party, unless that applicant, owner or other interested person expressly indicates another such address under Article 8(6).
- (4)) [Address Where Representative Is Appointed] Where a representative is appointed, a Contracting Party shall consider the address of that representative to be the address for correspondence referred to in Article 8(6)(i) or the address for legal service referred to in Article 8(6)(ii), as required by the Contracting Party, unless that applicant, owner or other interested person expressly indicates another such address under Article 8(6).
- (5)) [Sanctions for Non-Compliance with Requirements Under Article 8(8)] No Contracting Party may provide for the refusal of an application for failure to comply with any requirement to file a registration number of other indication under paragraph (1)(a)(iii) and (b)(iii).
- (1)) [Time Limits Under Article 8(7) and (8)] Subject to paragraph (2), the time limits referred to in Article 8(7) and (8) shall be not less than two months from the date of the notification referred to in Article 8(7).
- (2)) [Exception to Time Limit Under Article 8(8)] Where a notification under Article 8(7) has not been made because indications allowing the applicant, owner or other interested person to be contacted by the Office have not been filed, the time limit referred to in Article 8(8) shall be not less than three months from the date on which the communication referred to in Article 8(7) was received by the Office.
- (1)) [Requirements Under Article 11(1)]
- (2)) [Period and Time Limit Under Article 11(1)]
- (3)) [Requirements Under Article 11(2)(i)] A Contracting Party may require that a request referred to in Article 11(2):
- (4)) [Time Limit for Filing a Request Under Article 11(2)(ii)] The time limit referred to in Article 11(2)(ii) shall expire not earlier than two months after a notification by the Office that the applicant or owner did not comply with the time limit fixed by the Office.
- (5)) [Exceptions Under Article 11(3)]
- (1)) [Requirements Under Article 12(1)(i)] A Contracting Party may require that a request referred to in Article 12(1)(i) be signed by the applicant or owner.
- (2)) [Time Limit Under Article 12(1)(ii)] The time limit for making a request, and for complying with the requirements, under Article 12(1)(ii), shall be the earlier to expire of the following:
- (3)) [Exceptions Under Article 12(2)] The exceptions referred to in Article 12(2) are failure to comply with a time limit:
- (1)) [Exception Under Article 13(1)] No Contracting Party shall be obliged to provide for the correction or addition of a priority claim under Article 13(1), where the request referred to in Article 13(1)(i) is received after the applicant has made a request for early publication or for expedited or accelerated processing, unless that request for early publication or for expedited or accelerated processing is withdrawn before the technical preparations for publication of the application have been completed.
- (2)) [Requirements Under Article 13(1)(i)] A Contracting Party may require that a request referred to in Article 13(1)(i) be signed by the applicant.
- (3)) [Time Limit Under Article 13(1)(ii)] The time limit referred to in Article 13(1)(ii) shall be not less than the time limit applicable under the Patent Cooperation Treaty to an international application for the submission of a priority claim after the filing of an international application.
- (4)) [Time Limits Under Article 13(2)]
- (5)) [Requirements Under Article 13(2)(i)] A Contracting Party may require that a request referred to in Article 13(2)(i):
- (6)) [Requirements Under Article 13(3)]
- (7)) [Time Limit Under Article 13(3)(iii)] The time limit referred to in Article 13(3)(iii) shall expire two months before the expiration of the time limit prescribed in Rule 4(1).
- (1)) [Request] Where there is no change in the person of the applicant or owner but there is a change in his name or address, a Contracting Party shall accept that a request for recordation of the change be made in a communication signed by the applicant or owner and-containing the following indications:
- (2)) [Fees] A Contracting Party may require that a fee be paid in respect of a request referred to in paragraph (1).
- (3)) [Single Request]
- (4)) [Evidence] A Contracting Party may require that evidence be filed with the Office only where the Office may reasonably doubt the veracity of any indication contained in the request.
- (5)) [Prohibition of Other Requirements] No Contracting Party may require that formal requirements other than those referred to in paragraphs (1) to (4) be complied with in respect of the request referred to in paragraph (1), except where otherwise provided for by the Treaty or prescribed in these Regulations. In particular, the filing of any certificate concerning the change may not be required.
- (6)) [Notification] Where one or more of the requirements applied by the Contracting Party under paragraphs (1) to (4) are not complied with, the Office shall notify the applicant or owner, giving the opportunity to comply with any such requirement, and to make observations, within not less than two months from the date of the notification.
- (7)) [Non-Compliance with Requirements]
- (8)) [Change in the Name or Address of the Representative, or in the Address for Correspondence or Address for Legal Service] Paragraphs (1) to (7) shall apply, mutatis mutandis, to any change in the name or address of the representative, and to any change relating to the address for correspondence or address for legal service.
- (1)) [Request for Recordation of a Change in Applicant or Owner]
- (2)) [Documentation of the Basis of the Change in Applicant or Owner]
- (3)) [Translation] A Contracting Party may require a translation of any document filed under paragraph (2) that is not in a language accepted by the Office.
- (4)) [Fees] A Contracting Party may require that a fee be paid in respect of a request referred to in paragraph (1).
- (5)) [Single Request] A single request shall be sufficient even where the change relates to more than one application or patent of the same person, or to one or more applications and one or more patents of the same person, provided that the change in applicant or owner is the same for all applications and patents concerned, and the numbers of all applications and patents concerned are indicated in the request. A Contracting Party may require that, where that single request is filed on paper or as otherwise permitted by the Office, a separate copy thereof be filed for each application and patent to which it relates.
- (6)) [Evidence] A Contracting Party may require that evidence, or further evidence in the case of paragraph (2), be filed with the Office only where that Office may reasonably doubt the veracity of any indication contained in the request or in any document referred to in the present Rule, or the accuracy of any translation referred to in paragraph (3).
- (7)) [Prohibition of Other Requirements] No Contracting Party may require that formal requirements other than those referred to in paragraphs (1) to (6) be complied with in respect of the request referred to in this Rule, except where otherwise provided for by the Treaty or prescribed in these Regulations.
- (8)) [Notification; Non-Compliance with Requirements] Rule 15(6) and (7) shall apply, mutatis mutandis, where one or more of the requirements applied under paragraphs (1) to (5) are not complied with, or where evidence, or further evidence, is required under paragraph (6).
- (9)) [Exclusion with Respect to Inventorship] A Contracting Party may exclude the application of this Rule in respect of changes in inventorship. What constitutes inventorship shall be determined under the applicable law.
- (1)) [Request for Recordation of a License]
- (2)) [Documentation of the Basis of the License]
- (3)) [Translation] A Contracting Party may require a translation of any document filed under paragraph (2) that is not in a language accepted by the Office.
- (4)) [Fees] A Contracting Party may require that a fee be paid in respect of a request referred to in paragraph (1).
- (5)) [Single Request] Rule 16(5) shall apply, mutatis mutandis, to requests for recordation of a license.
- (6)) [Evidence] Rule 16(6) shall apply, mutatis mutandis, to requests for recordation of a license.
- (7)) [Prohibition of Other Requirements] No Contracting Party may require that formal requirements other than those referred to in paragraphs (1) to (6) be complied with in respect of the request referred to in paragraph (1), except where otherwise provided for by the Treaty or prescribed in these Regulations.
- (8)) [Notification; Non-Compliance with Requirements] Rule 15(6) and (7) shall apply, mutatis mutandis, where one or more of the requirements applied under paragraphs (1) to (5) are not complied with, or where evidence, or further evidence, is required under paragraph (6).
- (9)) [Request for Recordation of a Security Interest or Cancellation of the Recordation of a License or a Security Interest] Paragraphs (1) to (8) shall apply, mutatis mutandis, to requests for:
- (1)) [Request]
- (2)) [Fees]
- (3)) [Single Request] Rule 16(5) shall apply, mutatis mutandis, to requests for correction of a mistake, provided that the mistake and the requested correction are the same for all applications and patents concerned.
- (4)) [Evidence] A Contracting Party may only require that evidence in support of the request be filed with the Office where the Office may reasonably doubt that the alleged mistake is in fact a mistake, or where it may reasonably doubt the veracity of any matter contained in, or of any document filed in connection with, the request for correction of a mistake.
- (5)) [Prohibition of Other Requirements] No Contracting Party may require that formal requirements other than those referred to in paragraphs (1) to (4) be complied with in respect of the request referred to in paragraph (1), except where otherwise provided for by the Treaty or prescribed in these Regulations.
- (6)) [Notification: Non-Compliance with Requirements] Rule 15(6) and (7) shall apply, mutatis mutandis, where one or more of the requirements applied under paragraphs (1) to (3) are not complied with, or where evidence is required under paragraph (4).
- (7)) [Exclusions]
- (1)) [Manner of Identification] Where it is required that an application be identified by its application number, but such a number has not yet been issued or is not known to the person concerned or his representative, the application shall be considered identified if one of the following is supplied, at that person's option:
- (2)) [Prohibition of Other Requirements] No Contracting Party may require that identification means other than those referred to in paragraph (1) be supplied in order for an application to be identified where its application number has not yet been issued or is not known to the person concerned or his representative.
- (1)) [Model International Forms] The Assembly shall, under Article 14(1)(c), establish Model International Forms, in each of the languages referred to in Article 25(1), in respect of:
- (2)) [Modifications Referred to in Rule 3(2)(i)] The Assembly shall establish the modifications of the Patent Cooperation Treaty request Form referred to in Rule 3(2)(i).
- (3)) [Proposals by the International Bureau] The International Bureau shall present proposals to the Assembly concerning:
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