Communication from the Ministry of Foreign Affairs No. 26 / 1994 Coll.
Communication from the Ministry of Foreign Affairs amending and supplementing Communication No. 296 / 1991 Coll., No. 529 / 1992 Coll. and No. 105 / 1993 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 01.01.1994
26
COMMUNICATION
Ministry of Foreign Affairs,
amending and supplementing Communication No. 296 / 1991 Coll., No. 529 / 1992 Coll. and No. 105 / 1993 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 announces that amendments to the Implementation Code of the Patent Cooperation Treaty of 17 June 1970, as amended in 1979 and 1984, were adopted in Geneva on 29 September 1993 by the Assembly of the International Union for Patent Cooperation (PCT).
These amendments entered into force on 1 January 1994 on the basis of the decision cited by the Assembly and entered into force on 1 January 1994 for the Czech Republic.
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
RULES 4
APPLICATION (CONTENTS)
4.1 Compulsory and optional content; signature
(a) (unchanged)
(b) Where appropriate, the application shall contain:
(i) to (iv) (unchanged)
(v) reference to the basic application or basic patent,
(vi) an indication of the applicant's choice of competent authority for international searches.
(c) and (d) (unchanged)
4.2 to 4.11 (unchanged)
4.14bis Choice of authority for international research
If there are several international search bodies responsible for searching the international application, the applicant shall indicate in the application the international search authority which he has chosen.
4.15 to 4.17 (unchanged)
RULES 18
_
18.1 Residence and citizenship
(a) Subject to the provisions of paragraph (b) and (c), the question whether the applicant is resident in the Contracting State of which he or she is a citizen of such a Contracting State is a matter of national law of that Contracting State and is decided by the receiving authority.
(b) In any event,
(i) the holding of a genuine and de facto industrial or commercial firm in a Contracting State shall be deemed to be a residence in that State; and
(ii) a legal person established under the national legislature of a Contracting State shall be considered a citizen of that State.
(c) If the international application is filed with the International Office as the Admission Office, the International Office shall, in the case referred to in the Administrative Directive, request the National Office of the Contracting State or the Office acting for that Contracting State to decide the question referred to in paragraph (a). The International Bureau shall inform the applicant of this request. The applicant may submit his arguments directly to the national authority. The National Office shall decide this question without delay.
18.2 (repealed)
18.3 and 18.4 (unchanged)
RULES 19
COMPETENT ACCESSION AUTHORITY
19.1 Where applications are submitted
(a) Subject to paragraph (b), the international application shall be filed at the choice of the applicant,
(i) the national office of the Contracting State in which the applicant is resident, or the office active in that State,
(ii) the National Office of the Contracting State of which the applicant is a citizen, or the Office active in that State,
(iii) at the International Office, regardless of the Contracting State in which the applicant is resident or of which he is a citizen.
(b) and (c) (unchanged)
19.2 Two or more applicants
Where two or more applicants are:
(i) the requirements of rule 19.1 shall be deemed to be fulfilled when the national authority with which the international application has been submitted is the national authority of the Contracting State or the authority active for that Contracting State in which at least one of the applicants is resident or of which he is a citizen,
(ii) the international application may be filed with the International Office in accordance with Rule 19.1 (a) (iii) if at least one of the applicants is resident in the Contracting State or is a citizen of the Contracting State.
19.3 (unchanged)
19.4 Transmission to the International Bureau as Admission Office
(a) Where an international application is filed with a national office acting as a reception office under the Treaty, by an applicant who resides in a Contracting State or is a citizen of a Contracting State, but that national office is not the competent authority under Rule 19.1 or Rule 19.2 for its acceptance, the application shall be deemed to have been accepted by that Office on behalf of the International Office acting as a reception office under Rule 19.1 (a) (iii).
(b) Where, pursuant to paragraph (a), an international application is accepted by a national authority on behalf of an International Office acting as an Admission Office pursuant to Rule 19.1 (a) (iii), it shall be transmitted by the national authority without delay, unless the provisions on national security prevent it, to the International Office. The national authority may require payment for such transmission, in its favour, of a fee equal to the transfer fee determined by the Office in accordance with Rule 14. The international application thus submitted shall be deemed to have been accepted by the International Bureau acting as the Admission Office pursuant to Rule 19.1 (a) (iii) on the date on which it was adopted by the National Office.
RULES 35
COMPETENT AUTHORITY FOR INTERNATIONAL RESHERY
35.1 and 35.2 (unchanged)
35.3. Case where the International Office is an Admission Office under Rule 19.1 (a) (iii)
(a) If an international application is filed with the International Bureau as the Admission Office pursuant to Rule 19.1 (a) (iii), the search for such an international application shall be carried out by a competent authority for international research which would be competent if such an international application would be filed with the Admission Office responsible under Rule 19.1 (a) (i) or (ii), (b) or (c) or Rule 19.2 (i).
(b) If two or more bodies for international searches are competent under paragraph (a), the choice shall be left to the applicant.
(c) Rules 35.1 and 35.2 shall not apply where the International Office is the receiving office under Rule 19.1 (a) (iii).
RULES 54
ADMISSION AUTHORISED FOR THE ADMINISTRATION OF THE PROPOSAL
54.1 Residence and citizenship
(a) Subject to paragraph (b), the residence or citizenship of the applicant for the purposes of Article 31 (2) shall be determined in accordance with Rule 18.1 (a) and (b).
(b) The international preliminary survey authority, in the cases referred to in the Administrative Directive, shall request the Admission Office or, if the international application has been filed with the International Office as at the Admission Office, the National Office of the Contracting State or the Office acting for that Contracting State, to decide whether the applicant has a residence in the Contracting State to which he applies or is a citizen of that Contracting State. The international preliminary survey authority shall inform the applicant of any such request. The applicant may submit his arguments directly to the Office concerned. The Office shall decide without delay.
54.2 (unchanged)
54.3 International applications submitted to the International Office as at the Admission Office
Where the international application is filed with the International Office as the Admission Office pursuant to Rule 19.1 (a) (iii), the International Office for the purposes of Article 31 (2) (a) shall be deemed to be active for the Contracting State in which the applicant is resident or a citizen.
54.4 (unchanged)
RULES 59
COMPETENT AUTHORITY FOR INTERNATIONAL PRELIMINARY SURVEILLANCE
59.1 Proposals referred to in Article 31 (2) (a)
(a) For proposals under the provisions of Article 31 (2) (a), any receiving authority of a Contracting State bound by the provisions of Title II of the Treaty or an authority active for such a Contracting State, under the terms of the relevant agreement referred to in Article 32 (2) and (3), shall notify the International Bureau which is responsible for carrying out an international preliminary survey of international applications submitted to it. The International Bureau shall publish this information without delay. If there are several competent authorities for an international preliminary survey, the provisions of rule 35.2 shall apply mutatis mutandis.
(b) If the international application has been submitted to the International Office as the Admission Office pursuant to Rule 19.1 (a) (iii), the provisions of Rule 35.3 (a) and (b) apply mutatis mutandis. Paragraph (a) of this rule shall not apply where the International Office is the receiving office under Rule 19.1 (a) (iii).
59.2 (unchanged)
RULES 83
RIGHT TO EXISTENCE BEFORE INTERNATIONAL AUTHORITIES
83.1 (unchanged)
83.1bis The case where the International Office is the receiving authority
(a) Any person who has the right to speak before the national authority of a Contracting State or an office active for that State in which the applicant or, if more than one applicant is resident, at least one of those applicants or of whom he is a citizen, is entitled to speak in respect of an international application before the International Office acting as the receiving authority under Rule 19.1 (a) (iii).
(b) Any person who has the right to appear before an International Bureau acting as an Admission Office shall be entitled, as regards the international application, to appear before the International Bureau acting in all its other functions and before the competent authority for international research and the competent authority for international preliminary research.
83.2 (unchanged)
RULES 90
REPRESENTATIVES AND COMMON POWERS
90.1 Provisions of the representative
(a) A person who has the right to speak before the national authority with which an international application is filed or, where an international application is filed with the International Office, a person who has the right to speak in respect of an international application, before the International Bureau acting as the Admission Office, may be appointed as his representative by the applicant to represent before the Reception Office, the International Bureau, the International Research Authority and the International Preliminary Survey Authority.
(b) and (c) (unchanged)
(d) A representative established in accordance with paragraph (a) may, unless otherwise specified in the document to which it has been established, provide for additional or several additional representatives to represent applicants as representatives of the applicant:
(i) before the receiving office, the International Bureau, the International Research Authority and the International Preliminary Survey Body, provided that each person so designated as the next representative has the right to appear before the national office to which the international application has been submitted or, as regards the international application, before the International Bureau acting as the receiving office, whichever case it is;
(ii) (unchanged)
90.2 to 90.6 (unchanged)
RULES 91
OBSERVATIONS IN DOCUMENTS
91.1 Axle
(a) to (d) (unchanged)
(e) No correction shall be made without express approval:
(i) and (ii) (unchanged)
(iii) an international preliminary survey body, if there is error in any part of the international application other than the application, or in any document submitted to that authority,
(iv) (unchanged)
(f) to (g-quater) (unchanged)
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 26 / 1994 Coll., amending and supplementing Communication No. 296 / 1991 Coll., No. 529 / 1992 Coll. and No. 105 / 1993 Coll. on the Patent Cooperation Treaty 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 | 11.02.1994 |
|---|---|
| Effective from | 01.01.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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