Communication from the Ministry of Foreign Affairs No. 11 / 1998 Coll.
Communication from the Ministry of Foreign Affairs amending and supplementing Communication No. 296 / 1991 Coll., No. 529 / 1992 Coll., No. 105 / 1993 Coll., No. 26 / 1994 Coll. and No. 10 / 1998 Coll. on the Treaty on Patent Cooperation and Implementation Act, adopted in Washington on 19 June 1970, amended in 1979 and 1984
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Effective from 01.07.1998
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11
COMMUNICATION
Ministry of Foreign Affairs,
amending and supplementing Communication No. 296 / 1991 Coll., No. 529 / 1992 Coll., No. 105 / 1993 Coll., No. 26 / 1994 Coll. and No. 10 / 1998 Coll. on the Treaty on Patent Cooperation and Implementation Act, adopted in Washington on 19 June 1970, amended in 1979 and 1984
The Ministry of Foreign Affairs stated that on 1 October 1997 amendments to the Implementation Act of the Patent Cooperation Treaty of 19 June 1970, as amended in 1979 and 1984, were adopted by the Assembly of the International Union for Patent Cooperation (PCT Union) in Geneva.
Amendments to the Implementing Regulation shall enter into force on 1 July 1998, following a decision of the European Parliament cited on 1 July 1998 and shall enter into force on the Czech Republic as well. The exceptions are amendments to Rule 86 which entered into force on 1 January 1998 and to Regulations 89bis and 89ter which enter into force with amendments to the Administrative Directive to the Treaty on Patent Cooperation.
Czech translation of changes The implementing regulation shall be published simultaneously. The English text of the amendments to the Implementing Regulation can be consulted by the Ministry of Foreign Affairs and the Industrial Property Office.
Amendments to the Implementing Regulation to the Patent Cooperation Treaty
Rule 3
Application (form)
3.1 and 3.2 (No change)
3.3 Check list
(a) The application shall contain a list indicating:
(i) the total number of sheets containing the international application and the number of sheets of each part of the international application: application, description (separately the number of sheets of each part of the description containing the listing of the sequences), claims, drawings, annotations;
(ii) whether the international application, as it was filed, is accompanied by a power of attorney (i.e. a document setting up a representative or a common agent), a copy of the general mandate, a priority document, an extract of sequences in a machine-readable form, a document relating to the payment of fees or any other document (must be specified in the checklist);
(iii) (unchanged)
(b) (No change)
3.4 (No change)
Rule 4
Application (content)
4.1 to 4.9 (No change)
4.10 Application of priority
(a) Any declaration referred to in Article 8 (1) ("priority application") shall, subject to Rule 26bis.1, be indicated in the application; consist of a declaration that a priority is applied from an earlier application and must include:
(i) the date of filing of the previous application, this date must be a date falling within the period of 12 months prior to the filing of the international application;
(ii) the number of the previous application;
(iii) if the previous application is a national application, the Member State of the Paris Convention for the Protection of Industrial Property in which it was lodged;
(iv) if the previous application is a regional application, the organisation responsible for granting regional patents under the relevant regional patent contract;
(v) if the previous application is an international application, the receiving office to which it was filed.
(b) In addition to the content required under paragraphs (a) (iv) or (v):
(i) if the previous application is a regional application or an international application, the application of the priority may include one or more Member States of the Paris Convention for the Protection of Industrial Property for which the previous application has been submitted;
(ii) If the previous application is a regional application and all the Contracting States of a regional patent agreement are not members of the Paris Convention for the Protection of Industrial Property, the application of the priority will include at least one member country of that convention for which the previous application has been submitted.
(c) For the purposes of paragraphs (a) and (b), Article 2 (vi) shall not apply.
(d) (Cancelled)
(e) (repealed)
4.11 to 4.17 (No change)
Rule 5
Description
5.1 (No change)
5.2. Nuclear and / or amino acid sequences
(a) Where an international application contains the expression of one or more nucleotides and / or amino acids sequences, the description shall include an extract of a sequence which complies with the standard prescribed by the Administrative Directive and shall be submitted as a separate part of the description according to that standard.
(b) If the part of the description listing the sequence contains any free text as defined in the standard set out in the Administrative Directive, the free text shall also be given in the main part of the description, in the same language as the description.
Rule 11
External adaptation requirements for the international application
11.1 to 11.13 (No change)
11.14 Documents submitted later
Rules 10 and 11.1 to 11.13 also apply to each document - for example, corrected pages, adjusted entitlements, translations - submitted following the filing of an international application.
Rule 12
Language of international application and translation for the purposes of international research
12.1 Languages permitted for filing international applications
(a) The international application must be submitted in a language permitted by the receiving authority for that purpose.
(b) Each Admission Office shall allow at least one language for filing an international application, which is:
(i) a language permitted by an international search authority or at least one international search authority responsible for carrying out an international search for international applications lodged at that Admission Office; and
(ii) the language in which the application is to be published
(iii) (repealed)
(c) Notwithstanding paragraph (a), the application must be made in a language which is both the language permitted by the receiving authority under this paragraph and the language in which the application is to be published.
(d) Notwithstanding paragraph (a), any text contained in the section of the description listing sequences pursuant to Rule 5.2 (a) shall be submitted in accordance with the standard laid down in the Administrative Directive.
12.2 Language of changes in international applications
(a) Any amendment to the international application shall, subject to Rules 46.3, 55.3 and 66.9, be in the language in which the application was lodged.
(b) Any correction of a manifest error in an international application under rule 91.1 must be in the language in which the application was submitted, provided that:
(i) where a translation of an international application pursuant to Rule 12.3 (a), 48.3 (b) or 55.2 (a) is required, a remedy within the meaning of Rule 91.1 (e) (ii) and (iii) shall be filed both in the language of the application and in the language of the translation;
(ii) Where a translation of an application is required under Rule 26.3ter (c), the corrections within the meaning of Rule 91.1 (e) (i) may be submitted only in the language of such translation.
(c) Any correction of a deficiency in an international application pursuant to Rule 26 must be in the language in which the international application was submitted. Any correction of a deficiency under Rule 26 in the translation of an international application submitted under Rule 12.3 or 55.2 (a) or in the translation of an application submitted under Rule 26.3ter (c) shall be in the language of the translation.
12.3 Translation for the purposes of international research
(a) If the language in which the international application has been filed is not admissible for the international search authority to conduct an international search, the applicant must, within one month of the date of receipt of the international application by the receiving authority, submit to that office a translation of the international application into a language which is:
(i) the language permitted for that authority; and
(ii) the language in which the application is to be published; and
(iii) the language permitted for the Admission Office under Rule 12.1 (a) if the international application is not filed in the language in which it is to be published.
(b) Paragraph (a) shall not apply to the application or to any part of the description listing the sequences.
(c) If the receiving office sends a communication to the applicant in accordance with Rule 20.5 (c) and if the applicant has not submitted the translation required under paragraph (a), the receiving office must, with the benefit of the communication, invite the applicant to:
(i) submit a translation within the time limit referred to in paragraph (a);
(ii) where the required translation has not been submitted within the time limit referred to in paragraph (a), it has submitted a translation and, where appropriate, paid a late submission fee within the meaning of paragraph (e) within one month of the date of the request or within two months of the date of receipt of the international application by the receiving authority, whichever is the later.
(d) Where the receiving office has sent an invitation to the applicant in accordance with paragraph (c) and the applicant has not submitted the required translation within the time limit laid down in paragraph (c) (ii) and has not paid any late submission fee, the international application shall be deemed to have been withdrawn and the receiving office shall issue a resolution thereon. Any translation and any payment received by the receiving authority before a resolution has been issued within the meaning of the preceding sentence and before the expiry of 15 months from the date of priority shall be deemed to have been received before the expiry of that period.
(e) For the submission of a translation after the expiry of the time limit referred to in paragraph (a), the receiving authority may require, in its favour, the payment of a late submission fee equal to 50% of the basic fee.
Rule 13bis
Inventions concerning biological materials
13bis.1 Definition
For the purposes of this rule, the term "reference to stored biological material 'means the particulars of an international application for the deposit of biological material with the storage authority or the biological material thus stored.
13bis.2 Link (general)
Any reference to stored biological material shall be made in accordance with this rule and, if so, shall be deemed to comply with the requirements of the national legislation of each designated State.
13bis.3 References; content; omission of reference or data
(a) The reference to stored biological material shall indicate:
(i) (unchanged)
(ii) the date of deposit of the biological material with that authority;
(iii) and (iv) (unchanged)
(b) The omission of the reference to the stored biological material or omission of any information referred to in paragraph (a) in the reference to the stored biological material shall have no effect in that designated State whose national legislation does not require such reference or indication in the national application.
13bis.4 References; time limit for providing data
(a) Subject to paragraphs (b) and (c), if any of the particulars referred to in rule 13bis.3 (a) are not included in the reference to the stored biological material in the international application at the time of filing, but is submitted to the International Bureau:
(i) within 16 months of the priority date, each designated authority shall consider such information to be submitted on time;
(ii) upon expiry of a period of 16 months from the date of the priority, the indication considered by each designated office to be submitted on the last day of that period, if it occurs to the International Bureau before the completion of the technical preparations for international publication.
(b) If the national legislature of the designated authority so requires for national applications, that authority may request the submission of data within the meaning of rule 13bis.3 (a) earlier than 16 months from the date of priority, provided that this requirement has been notified to the International Bureau under rule 13bis.7 (a) (ii) and the International Office has published such a requirement in the Bulletin at least two months before the filing of the international application.
(c) Where the applicant requests earlier publication in accordance with Article 21 (2) (b), any designated office may consider any indication which was not submitted before the completion of the technical preparations for international publication to be an indication which was not submitted in due time.
(d) the International Bureau shall notify the applicant of the date on which each information submitted pursuant to paragraph (a) has been received; and
(i) if the information has been received before the completion of the technical preparations for international publication, it shall notify that date and give significant data from the reference in the brochure published in accordance with Rule 48;
(ii) if the information has been received on completion of technical preparations for international publication, it shall notify the relevant data from the reference to the authorities.
13bis.5 References and data for the purposes of one or more designated States; miscellaneous fits for different designated States; deposit with storage authorities that have not been notified
(a) The reference to stored biological material shall be deemed to be a reference for the purposes of all designated States, unless it has been specifically carried out only for the purposes of one of the designated States; the same applies to the data contained in the reference.
(b) The reference to several different deposits of biological material for designated States is permissible.
(c) Each designated authority shall have the right not to take into account the imposition of a deposit with a storage authority other than that notified under rule 13bis.7 (b).
13bis.6 Provision of samples
(a) (repealed)
Within the meaning of Articles 23 and 40, samples of biological material referred to in an international application shall not be provided before the expiry of the relevant time limits, which may, in accordance with those Articles, begin national proceedings unless the applicant agrees. However, if the applicant carries out the acts referred to in Article 22 or 39 after the international publication but before the expiry of those time limits, samples of the stored biological material may be provided after those operations have been carried out. Notwithstanding the previous provisions, samples of stored biological material may be provided in accordance with the provisions of national legislation applied by any designated authority at the time when international publication under this law takes the effects of compulsory national publication of the national application without a survey.
13bis.7 National requirements: notification and publication
(a) Any national authority may notify the International Bureau of the requirements of national legislation in that regard that:
(i) in the reference to the stored biological material in the national application, in addition to the information mentioned in rule 13bis.3 (a) (i), (ii) and (iii), it requires another in the notification of that fact.
(ii) one or more of the particulars referred to in rule 13bis.3 (a) is required in the national application at the time of submission or within a period of less than 16 months from the date of priority, which must be specified in the notification.
(b) Each national authority shall notify the International Bureau of the imposing authorities for which national legislation authorises the deposit of biological material for the purposes of patent proceedings before that office, or the fact that national legislation does not contain or does not allow any provisions on storage.
(c) (No change)
Rule 13ter
Lists of nucleotides and / or amino acids sequences
13ter.1 Listing of sequences for international authorities
(a) If the authority for international research finds that the international application contains the expression of one or more nucleotides and / or amino acids, but
(i) the international application does not contain an extract of sequences which complies with the standard given by the Administrative Directive, that authority shall invite the applicant to submit an extract of sequences to it within the time limit set in the notice in a form which complies with that standard;
(ii) the applicant has not yet submitted an extract of sequences in a machine-readable form complying with the standard given by the Administrative Directive, that authority may invite the applicant to submit to him, within the time limit set in the notice, an extract of sequences in a form which complies with that standard.
(b) (repealed)
(c) If the applicant fails to comply with the call referred to in paragraph (a) within the time limit set in the call, the international search authority shall not be obliged to carry out the search of the international application if such failure results in the failure to carry out the proper search.
(d) If the international search authority finds that the description does not comply with rule 5.2 (b), it shall invite the applicant to make the required correction. Rule 26.4 shall apply mutatis mutandis to any correction proposed by the applicant. The international search authority shall transmit the correction to the receiving authority and to the International Bureau.
(e) Paragraphs (a) and (c) shall apply mutatis mutandis to proceedings before an international preliminary survey authority.
(f) No extract of a sequence which was not included in the international application when it was filed may form part of the international application pursuant to Article 34.
13ter.2 List of sequences for the designated authority
As soon as the international application procedure has been initiated at the designated office, rule 13ter.1 (a) shall apply mutatis mutandis to proceedings before that office. No designated office may require the applicant to submit to it an extract of sequences other than that of sequences which complies with the standard of the Administrative Directive.
(b) (repealed)
Rule 14
Transfer fee
14.1 Transfer fee
(a) (No change)
(b) The amount of any transfer fee shall be determined by the receiving authority.
(c) The transfer fee must be paid within one month of the date of receipt of the international application. The amount due is the amount due on the date of receipt of the international application.
Rule 15
International fee
15.1. Basic fee and designation fee
Each international application shall be subject to a fee for the benefit of the International Office ("International Fee"), which shall be collected by the Admission Office and composed of:
(i) (unchanged)
(ii) of as many "designation fees" as the national and regional patents required under rule 4.9 (a), except where the provisions of Article 44 apply to the designation and only one fee is paid for that designation and where the fee scale may indicate the maximum number of valid designation fees.
15.2. Amount of fees
(a) (No change)
(b) The basic fee and the designation fee shall be payable in the currency or one of the currencies prescribed by the receiving authority (the "required currency"), i.e. that if the receiving authority transfers those fees to the International Bureau, they shall be freely convertible into Swiss currency. The amount of the basic fee and the designation fee shall be prescribed by the Director-General for each receiving office which prescribes the payment of such fees in a currency other than Swiss, after consulting the receiving office of the State or the office acting in accordance with Rule 19.1 (b) at the place of the office whose official currency is the same as the required currency. The amounts thus determined shall be equivalent to the amounts, in rounded figures, of the amounts shown in the Swiss currency in the fee schedule. The International Bureau shall notify each receiving office of the prescribed amounts in the required currency and publish them in the Bulletin.
(c) (No change)
(d) Where the exchange rate between the Swiss currency and the required currency is changed against the last exchange rate used, the Director-General shall fix new amounts in the required currency in accordance with the Assembly Directives. The newly determined amounts shall apply two months after their publication in the Bulletin, provided that the receiving authority referred to in the second sentence of paragraph (b) and the Director-General may agree on a date falling within that two-month period and in this case those amounts shall apply from that date.
15.3 (repealed)
15.4. Deadline; amount due
(a) The basic fee is payable within one month of the date of the international application. The amount due shall be the amount valid on the date on which the international application was received.
(b) The designation fee is payable:
(i) within one year of the priority date; or
(ii) within one month of the date of the international application if the one-month period expires later than one year from the priority date.
(c) Where the designation fee is paid before the expiry of one month from the date on which the international application was submitted, the amount due is the amount due on the date on which the international application was issued. Where the time limit referred to in paragraph (b) (i) applies and the determination fee is paid before that time limit expires, but later than one month after the date on which the international application was submitted, the amount due shall be the amount due on the date of payment.
(i) and (ii) (repealed)
15.5 Fees pursuant to rule 4.9 (c)
(a) Notwithstanding Rule 15.4 (b), the confirmation of each designation pursuant to Rule 4.9 (c) made pursuant to Rule 4.9 (b) shall be subject to payment by the receiving authority of the amount of the designation fees (for the benefit of the International Office) as requested by the applicant on the basis of the receipt and the charge of the receipt office, which shall be equal to 50% of the total of the designation fees due under this paragraph. These fees shall be payable for each determination so confirmed, even if the maximum number of the designation fees referred to in item 2 (a) of the Fee Schedule is already payable or even if the designation fee is already due in respect of the determination under rule 4.9 (a) for the same State for another purpose.
(b) (No change)
15.6 Repayment of the fee
The receiving authority shall refund the international fee to the applicant:
(i) if the finding referred to in Article 11 (1) is negative
(ii) if, prior to the transmission of the archive copy to the International Bureau, the international application is withdrawn or deemed to be withdrawn; or
(iii) where, with regard to national security provisions, an international application is not treated as such.
Rule 16
Search fee
16.1 Right to claim a fee
(a) (No change)
(b) The search fee is levied by the receiving office. The fee shall be payable in the currency or one of the currencies prescribed by this Office ("the currency of the Admission Office '), unless the currency of the Admission Office is the currency or one of the currencies in which the International Search Office has determined that fee (" the fixed currency'), when transferred by the Admission Office to the Office of the International Search Office, it shall be freely convertible into the currency of the State in which the Office has its registered office ("the currency of the seat '). The amount of the search fee in the currency of the receiving office, if different from the specified currency, shall be determined by the Director-General in consultation with the receiving office or the office operating under Rule 19.1 (b) for a State whose official currency is the same as that of the receiving office. The amounts thus determined shall be equivalent, in rounded numbers, to the amounts fixed by the authority for international searches in the currency of the registered office. The amounts will be notified by the International Bureau to each Admission Office and published in the Bulletin.
(c) (No change)
(d) Where the exchange rate between the currency of the seat and the currency of the receiving office, if different from the fixed currency or currency, is changed against the last exchange rate used, the Director-General shall fix new amounts in the currency of the competent office of the receiving office under the Assembly Directives. The newly determined amounts shall be used two months after their publication in the Bulletin, unless a reception office referred to in the third sentence of paragraph (b) and the Director-General agree on a date falling within a period of two months and in this case the amount for that office shall apply from that date.
(e) (No change)
(f) As regards the deadline for payment of the search fee, the provisions of rule 15.4 (a) concerning the basic fee shall apply mutatis mutandis.
16.2 Repayment of the fee
The receiving authority shall return the search fee to the applicant:
(i) if the finding referred to in Article 11 (1) is negative,
(ii) if the application is withdrawn or deemed to have been withdrawn prior to the transmission of the search copy to the international search authority; or
(iii) where it is not established as such in the light of national security provisions with an international application.
16.3 (No change)
Rule 16bis
Extension of payment deadlines
16bis.1 Challenge of the Admission Office
(a) If, at the time of maturity pursuant to Rules 14.1 (c), 15.4 (a) and 16.1 (f), the receiving authority finds that no fees have been paid to it or that the amount paid is insufficient to cover the transfer fee, the basic fee and the search fee, it shall invite the applicant to pay the amount required to cover those fees together with any late payment fee under Rule 16bis.2 within one month of the date of the call.
(b) If, at the time of maturity under Rule 15.4 (b), the receiving authority finds that it has not been paid any fees or that the amount paid is insufficient to cover the designation fees necessary to cover all the determinations under Rule 4.9 (a), the receiving authority shall invite the applicant to pay the amount required to cover those fees together with any late payment fee under Rule 16bis.2 within one month of the date of the call. The amount due in respect of each designation fee shall be the amount due on the last day of the one-year period from the priority date if the time limit laid down in Rule 15.4 (b) (i) applies, or the amount due on the date of receipt of the international application, if the time limit laid down in Rule 15.4 (b) (ii) applies.
(c) Where the receiving authority has sent an invitation to the applicant pursuant to paragraph (a) or (b) and the applicant has not paid the full amount due within the time limit referred to in this paragraph, including any late payment fee pursuant to Rule 16bis.2, the receiving authority shall, subject to paragraph (d):
(i) to (iii) (unchanged)
(d) Any payment received by the receiving authority prior to the dispatch of the invitation referred to in paragraph (a) or (b) shall be deemed to have been received before the expiry of the period referred to in Rule 14.1 (c), 15.4 (a) or (b) or 16.1 (f).
(e) Any payment received by the receiving authority before issuing the relevant resolution pursuant to Article 14 (3) shall be deemed to have been received before the expiry of the period referred to in paragraph (a) or (b).
16bis.2 Late payment fee
(a) Payment of fees as a response to a call under rule 16bis.1 (a) or (b) may be made by the receiving authority to pay a late payment fee for its own benefit. The amount of this fee shall be:
(i) and (ii) (unchanged)
(b) However, the amount of the late payment fee may not exceed the amount of the basic fee referred to in item 1 (a) in the Fee Box.
Rule 17
Priority document
17.1 Obligation to submit a copy of an earlier national or international application
(a) Where a priority is applied from an earlier national or international application pursuant to Article 8, the applicant must submit a copy of the previous application certified by the authority to which it was lodged ("the priority document"), subject to paragraph (b), to the International Office or to the Reception Office no later than 16 months from the date of the priority, unless it has already been submitted to the Admission Office together with the international application in which the priority is applied, each copy of the earlier application received by the International Office after the expiry of that period shall be deemed to have been received by that Office on the last day of that period if it reaches the date of the international publication of the international application.
(b) Where the priority document is issued by the receiving authority, the applicant may, instead of submitting it, ask the receiving authority to prepare and transmit the priority document to the International Bureau. The application shall be submitted no later than 16 months after the priority date and may be subject to a fee by the receiving authority.
(c) If the requirements of any of the preceding paragraphs are not met, none of the designated authorities may take into account the priority applied without giving the applicant the opportunity to submit the priority document within a time limit to be determined as appropriate.
17.2 Submission of a copy
(a) If the applicant complies with the provisions of rule 17.1 (a) or (b), the International Office shall, at a special request of the designated Office, promptly but not before the international publication of the international application, provide a copy of the priority document to that Office. No designated office shall require the submission of a copy of the priority document from the applicant himself. The applicant shall not be obliged to submit a translation to the designated office before the expiry of the period referred to in Article 22. If the applicant submits an application for an expedited procedure as referred to in Article 23 (2) before the international publication, the International Office shall, at the specific request of the designated Office, supply a copy of the priority document to that Office as soon as the request has been received.
(b) (No change)
(c) Where the international application has been published in accordance with Article 21, the International Office shall provide a copy of the priority document on request to each person for reimbursement of costs if, before publication:
(i) (unchanged)
(ii) the application of the priority has not been withdrawn, or according to rule 26bis.2 (b) it is considered that the priority has not been applied.
(iii) (repealed)
(d) (Cancelled)
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 11 / 1998 Coll., amending and supplementing Communication No. 296 / 1991 Coll., No. 529 / 1992 Coll., No. 105 / 1993 Coll., No. 26 / 1994 Coll. and No. 10 / 1998 Coll. on the Treaty on Patent Cooperation and Implementation Regulations adopted in Washington on 19 June 1970, amended in 1979 and 1984 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.02.1998 |
|---|---|
| Effective from | 01.07.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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