Communication from the Ministry of Foreign Affairs No. 105 / 1993 Coll.
Communication from the Ministry of Foreign Affairs amending and supplementing Communication No. 296 / 1991 Coll. and No. 529 / 1992 Coll., on the Treaty on Patent Cooperation and Implementation Act, adopted in Washington on 17 June 1970, amended in 1979 and 1984
Valid
Effective from 01.01.1993
105
COMMUNICATION
Ministry of Foreign Affairs,
amending and supplementing Communication No. 296 / 1991 Coll. and No. 529 / 1992 Coll., on the Treaty on Patent Cooperation and Implementation Act adopted in Washington on 17 June 1970, as amended in 1979 and 1984
The Ministry of Foreign Affairs has indicated that amendments to the Implementing Regulation on the above mentioned Treaty were adopted on 29 September 1992 by a decision of the Assembly of the International Union for Patent Cooperation (PCT Union).
Following the decision of the quoted Assembly, Rule 32 (Nové) entered into force on 1 October 1992 and thus entered into force on 1 October 1992 for the Czech and Slovak Federal Republic and on 1 January 1993 for the Czech Republic. Amendments to Rules 37, 38, 43, 55, 60, 61, 66, 70, 74 and 92 entered into force on 1 January 1993 and entered into force on that date for the Czech Republic.
Amendments to Rules 10, 11 and 48 shall enter into force on the date of entry into force of the Patent Cooperation Treaty for the People's Republic of China.
Czech translation of changes The implementing regulation shall be published simultaneously. The English version of the text of the Treaty and amendments to the Implementation Code can be consulted by the Ministry of Foreign Affairs and the Industrial Property Office.
Amendments to the Implementing Regulation to the Patent Cooperation Treaty
RULES 10
TERMINOLOGY AND SIGNS
10.1 Terminology and brands
(a) to (e) (No change)
(f) If the international application or translation thereof is in Chinese, English or Japanese, the beginning of each decimal fraction shall be marked with a dot; if the international application or translation thereof is in a language other than Chinese, English or Japanese, it shall be marked with a comma.
10.2 (No change)
RULES 11
REQUIREMENTS FOR EXTERNAL ADJUSTMENT OF INTERNATIONAL ACCESS
11.1 to 11.8 (No change)
11.9 Type of text writing
(a) (No change)
(b) If necessary, only graphic symbols and characters, chemical or mathematical formulas and certain characters in Chinese or Japanese may be written by hand or drawn.
(c) and (d) (No change)
(d) Paragraphs (c) and (d) as regards spaces and letters shall not apply to texts in Chinese or Japanese.
11.10 to 11.14 (No change)
RULES 32 (New)
EXTENSION OF THE INTERNATIONAL ACCESS TO CERTAIN ACCESSION STATES
32.1 Request to extend the international application to the successor State
(a) The effects of an international application whose date of international filing falls within the period referred to in paragraph (b), provided that the applicant carries out the acts referred to in paragraph (c), may be extended to a State ("the successor State") whose territory was, before the independence of that State, part of the territory of the Contracting State which subsequently ceased to exist ("the previous State"), provided that the successor State has become a Contracting State by imposing with the Director-General a declaration of continuation on the basis of which this Treaty is applied to the successor State.
(b) The period referred to in paragraph (a) shall begin on the day following the last date of existence of the previous State and end two months after the date on which the declaration referred to in paragraph (a) was notified by the Director-General to the Governments of the Member States of the Paris Convention for the Protection of Industrial Property. However, if the date of independence of the successor State precedes the date from the date following the last day of existence of the previous State, the successor State may declare that that period begins with the date of its independence; such a declaration shall be made together with the declaration referred to in paragraph (a) and shall specify the date of independence.
(c) With regard to an international application whose date of filing falls within the period referred to in paragraph (b), the International Bureau shall send a notification to the applicant informing him that it may apply for an extension if, within three months of the date of such notification, the following actions are carried out:
(i) submit an extension application to the International Bureau;
(ii) pay to the International Bureau an extension fee in Swiss francs equal to the amount of the designation fee in accordance with Rule 15.2 (a).
(d) This rule does not apply to the Russian Federation.
32.2. Effects of enlargement on the successor State
(a) Where an extension application has been submitted pursuant to Rule 32.1,
(i) the successor State shall be deemed to be the State designated in the international application; and
(ii) the relevant period referred to in Article 22 or 39 (1) as regards that State shall be extended until at least three months from the date on which the extension application was lodged.
(b) If, where the successor State is bound by Title II of the Treaty, the application for extension was submitted later, but the application was submitted before the expiry of the 19-month period from the priority date and the subsequent election of the successor State was made within three months of the date of the extension application, the relevant period referred to in paragraph (a) (ii) must be at least 30 months from the priority date.
(c) The successor State may set time limits which expire later than those set out in paragraphs (a) (ii) and (b). The International Bureau shall publish information on such time limits in the Bulletin.
RULES 37
FALLING OR FALLING NAME
37.2 Name acquisition
Where the international application does not contain a name and the international search authority has not received a notification from the receiving office that it has invited the applicant to submit the name or that the institution finds that the name does not comply with Rule 4.3, it shall itself acquire the name. Such a name shall be taken in the language in which the international application is published or, if the translation has been given in accordance with rule 12.1 (c), and the authority for international research so wishes, in the language of the translation.
RULES 38
FEATURES OR FEATURES
38.2 Annotation acquisition
(a) If the international application does not contain an annotation and the international search authority has not received a notification from the receiving office that the applicant has been requested to submit an annotation or that authority finds that the annotation does not comply with the provisions of Rule 8, it shall obtain the annotation itself. Such an annotation shall be taken in the language in which the international application is published or, if the translation has been submitted in accordance with rule 12.1 (c), and the authority for international research so wishes, in the language of such translation.
(b) (No change)
RULES 43
INTERNATIONAL RESHERY REPORT
43.1 to 43.3 (No change)
43.4 Languages
Any report on the international search and the resolution referred to in Article 17 (2) (a) shall be published in the language in which the international application to which it relates, or, if a translation has been transmitted in accordance with Rule 12.1 (c) and the authority for international research so wishes, in the language of that translation.
43.5 to 43.10 (No change)
RULES 48
INTERNATIONAL DISCLOSURE
48.1 and 48.2 (No change)
48.3 Languages
(a) If the international application is filed in Chinese, English, French, German, Japanese, Russian or Spanish, it shall be published in the language in which it was submitted.
(b) If an international application is filed in a language other than Chinese, English, French, German, Japanese, Russian or Spanish, it shall be published in an English translation. An international search authority whose obligation is to have a translation in sufficient time to allow the international publication to take place within the prescribed time limit shall be responsible for obtaining the translation or, in application of Article 64 (3) (b), for the assignment referred to in Article 20 before the end of the nineteenth month from the date of the priority. Notwithstanding rule 16.1 (a), the international search authority may charge the applicant a fee for obtaining a translation. The authority for international research shall give the applicant the opportunity to comment on the translation proposal. The International Search Authority shall, as appropriate, set a reasonable time limit for such observations. If the statement cannot be taken into account for lack of time before the transmission of the translation or if the applicant and that authority have different views on the accuracy of the translation, the applicant may send a copy of his observations or the outstanding remainder to the International Bureau and to each designated office to which the translation has been forwarded. The International Bureau shall publish the substance of the statement either at the same time as the translation of the International Search Authority or after the publication of such translation.
(c) (No change)
48.4 to 48.6 (No change)
RULES 55
LANGUAGE (INTERNATIONAL PRELIMINARY SURVEILLANCE)
55.1. Language of the proposal
The application shall be submitted in the language of the international application and, if the international application was filed in a language other than that in which it was published, in the language of the publication. However, if a translation of the international application is required under Rule 55.2, the proposal is in the language of the translation.
55.2. International Application Translation
(a) If the international application is not submitted or published in the language or in one of the languages referred to in the Agreement concluded between the International Bureau and the International Preliminary Survey Body intended for carrying out an international preliminary survey of the application, that authority may, subject to paragraph (b), request that the applicant submit a translation of the international application in the language or one of the languages specified in that Agreement, together with the draft international application.
(b) Where the translation of an international application into a language referred to in paragraph (a) has been transmitted to an international search authority pursuant to rule 12.1 (c) and the international preliminary survey authority is part of the same national authority or intergovernmental organisation as the international search authority, the applicant does not have to submit a translation under paragraph (a). In that case, unless the applicant submits a translation under paragraph (a), the international preliminary survey shall be carried out on the basis of a translation submitted under rule 12.1 (c).
(c) If the requirement under paragraph (a) and paragraph (b) is not fulfilled, the international preliminary survey authority shall invite the applicant to submit the required translation within a time limit which shall be appropriate to the circumstances. This period shall not be less than one month from the date of the call. It may be extended by the international preliminary survey authority at any time before the decision is given.
(d) If the applicant complies with the invitation within the time limit referred to in paragraph (c), that requirement shall be deemed to have been met. If the applicant fails to comply, the application shall be deemed not to have been submitted.
(e) Paragraphs (a) to (d) shall apply only if the international preliminary survey authority has stated in a notification addressed to the International Bureau that it agrees to carry out an international preliminary survey on the basis of translation within the meaning of these paragraphs.
55.3
(a) Where a translation of an international application pursuant to Rule 55.2 is required, any amendments which are included in a declaration relating to amendments under Rule 53.9 and which the applicant wishes to take into account for the purposes of international preliminary survey and any amendments under Article 19 to be taken into account under Rule 66.1 (c) shall be in the language of the translation. If such changes have been or are made in another language, a translation must also be submitted.
(b) If the requested translation of the amendments referred to in paragraph (a) is not submitted, the international preliminary survey authority shall invite the applicant to submit the missing translation within a time limit which shall be appropriate to the circumstances. This period shall not be less than one month from the date of the call. It may be extended by the international preliminary survey authority at any time before the decision is taken.
(c) If the applicant fails to comply with the call within the time limit laid down in paragraph (b), the amendment shall not be taken into account for the purposes of international preliminary survey.
RULES 60
CERTAIN UNSUFFICIENCES OF PROPOSAL OR ELECTION
60.1 Weaknesses in the proposal
(a) If the proposal does not comply with the requirements laid down in Rules 53.1, 53.2 (a), (i) to (iv), 53.2 (b), 53.3 to 53.8 and 55.1, the international preliminary survey authority shall invite the applicant to correct the deficiencies within a time limit appropriate to the circumstances. This time limit shall not be less than one month from the date of the call. It may be extended by the international preliminary survey authority at any time before the decision is taken.
(b) to (g) (No change)
60.2 (No change)
RULES 61
NOTIFICATION OF THE PROPOSAL AND DECISIONS
61.1 Notification to the International Bureau and the applicant
(a) (No change)
(b) The international preliminary survey authority shall immediately inform the applicant in writing of the date of receipt of the application. If, pursuant to Rules 54.4 (a), 55.2 (d), 57.4 (c), 58.2 (c) or 60.1 (c), the application is deemed not to have been submitted or if the choice under Rule 60.1 (d) has not been made, the international preliminary survey authority shall notify the applicant and the International Bureau accordingly.
(c) (No change)
61.2 to 61.4 (No change)
RULES 66
PROCEDURE BEFORE THE AUTHORITY FOR INTERNATIONAL PRELIMINARY SURVEILLANCE
66.1 to 66.8 (No change)
66.9 Language of amendments
(a) Subject to paragraphs (b) and (c), where an international application has been submitted in a language other than the language in which it is published, any amendment, as well as a letter under rule 66.8 (a), shall be submitted in the language of the publication.
(b) Where an international preliminary survey is carried out pursuant to Rule 55.2 on the basis of a translation of an international application, any amendment, as well as a letter within the meaning of paragraph (a), must be submitted in the language of that translation.
(c) Subject to Rule 55.3, where an amendment or a letter has not been submitted in the language required under paragraph (a) or (b), the international preliminary survey authority shall invite the applicant to submit an amendment or a letter in the language requested within a time limit which shall be proportionate to the circumstances.
(d) If the applicant fails to comply with the request for amendment in the language requested within the time limit referred to in paragraph (c), the amendment shall not be taken into account for the purposes of the international preliminary survey. If, within the time limit referred to in paragraph (c), the applicant fails to comply with the invitation to submit the letter referred to in paragraph (a) in the language requested, the amendment in question may not be taken into account for the purposes of international preliminary survey.
RULES 70
INTERNATIONAL PREVIOUS SURVEILLANCE REPORT
70.1 to 70.16 (No change)
70.17 Languages, reports and annexes
(a) The report and all annexes shall be published in the language in which the international application relating to it is published or, where the international preliminary survey has been carried out in accordance with Rule 55.2 on the basis of the translation of the international application, in the language of that translation.
(b) (Remains deleted)
RULES 74
TRANSLATION OF ANNEXES TO THE INTERNATIONAL PREVIOUS SURVEILLANCE REPORT
74.1 The content of the translation and the deadline for its submission
(a) If the elected office requests the submission of a translation of an international application pursuant to Article 39 (1), the applicant shall submit within the time limit referred to in Article 39 (1) a translation of each replacement sheet referred to in Rule 70.16 annexed to the international preliminary survey report, provided that such a sheet is in the language of the required translation of the international application. The same period shall apply where the submission of a translation of an international application to the elected office must take place in the light of the declaration referred to in Article 64 (2) (a), (i), within the time limit referred to in Article 22.
(b) If the submission referred to in Article 39 (1) of the translation of the international application is not required by the Office chosen, the Office may require the applicant to submit a translation in the language in which the international application was published within the time limit laid down in this Article, in accordance with Rule 70.16, which is submitted to the international preliminary survey report and is not in that language.
RULES 92
CORESPONDENCE
92.1 (No change)
92.2 Languages
(a) Subject to the provisions of Rules 55.1 and 66.9, paragraph (b) of this Rule, any letter or document submitted by the applicant to an international search authority or an international preliminary survey authority shall be in the same language as the international application relating to such documents. However, if the translation of the international application has been submitted in accordance with Rule 12.1 (c) or has been submitted in accordance with Rule 55.2 (a) or (c), the language of the translation shall be used.
(b) to (e) (No change)
92.3 and 92.4 (No change)
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 105 / 1993 Coll., amending and supplementing Communication No. 296 / 1991 Coll. and No. 529 / 1992 Coll., on the Treaty on Patent Cooperation and Implementation Act, adopted in Washington on 17 June 1970, amended in 1979 and 1984 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.03.1993 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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