Communication from the Federal Ministry of Foreign Affairs No 529 / 1992 Coll.
Communication from the Federal Ministry of Foreign Affairs amending and supplementing Communication No. 296 / 1991 Coll., on the Patent Cooperation Treaty and the Implementation Code adopted in Washington on 17 June 1970, as amended in 1979 and 1984
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529
COMMUNICATION
Federal Ministry of Foreign Affairs,
amending and supplementing Communication No. 296 / 1991 Coll., on the Patent Cooperation Treaty and the Implementation Act adopted in Washington on 17 June 1970, as amended in 1979 and 1984
The Federal Ministry of Foreign Affairs announces that amendments to the Implementing Regulation on the above mentioned Treaty were adopted on 12 July 1991 by a decision of the Assembly of the International Union for Patent Cooperation.
These amendments entered into force on 1 July 1992 on the basis of the decision cited by the Assembly and entered into force on 1 July 1992 for the Czech and Slovak Federal Republic.
Czech translation of changes The implementing regulation shall be published simultaneously.
Amendments to the Implementing Regulation to the Patent Cooperation Treaty
INTRODUCTORY RULES
Rule 1
Extracts
(unchanged)
Rule 2
Interpretation of certain words
2.1. (unchanged)
2.2. "Deputy"
Whenever the words "representative 'are used, this shall mean a representative established in accordance with the provisions of Rule 90.1, unless something else clearly results from the text or the nature of the provision or from the text in which the word is used.
2.2bis "Joint Agent"
Whenever the term "common agent 'is used, this means the applicant, who is designated as, or is considered, as a common agent in accordance with the provisions of rule 90.2.
2.3. (unchanged)
RULES CONCERNING TITLE I OF THE TREATY
Rule 3
Application (Form)
3.1. Application form
The application shall be made on a printed form or as a computer copy.
3.2. (unchanged)
3.3. Checklist
(a) The application shall contain a list indicating:
(i) (unchanged)
(ii) (unchanged)
(iii) the number of the drawing figure which, according to the applicant's proposal, should be published together with the annotation; in exceptional cases, the applicant may propose more than one picture.
(b) The list shall be completed by the applicant and, failing this, shall give the necessary information in addition to the figure number referred to in paragraph (a) (iii) of the receiving authority.
3.4. Details
Subject to the provisions of Rule 3.3, the details of the printed application form and the applications submitted as a computer copy of the Administrative Directive shall be adapted.
Rule 4
Application (Content)
4.1. Mandatory and optional content; signature
(a) (unchanged)
(b) Where appropriate, the application shall contain:
(i) (unchanged)
(ii) (unchanged)
(iii) (unchanged)
(iv) indication that the applicant wishes to obtain a regional patent
(v) (unchanged)
(c) (unchanged)
(d) (unchanged)
4.2. (unchanged)
4.3. (unchanged)
4.4. Names and addresses
(a) (unchanged)
(b) (unchanged)
(c) Addresses shall be indicated in such a way that the usual requirements for rapid delivery to the address indicated are met and in any case contain all relevant administrative units, including the house number, where applicable. In those cases where the national legislature of the designated State does not require a house number, the omission shall have no effect in that State. In order to enable a rapid connection with the applicant, it is recommended to indicate the address of the telex, telephone and fax numbers, or the corresponding data of other similar means of communication to the applicant or, where appropriate, the representative or joint agent.
(d) (unchanged)
4.5. Applicant
(a) (unchanged)
(b) (unchanged)
(c) (unchanged)
(d) The application may include, for different designated States, different applicants. In that case, the application shall indicate the applicant or applicants for each designated State or group of designated States.
4.6. (unchanged)
4.7. (unchanged)
4.8. Joint Agent
Where a common agent has been designated, this information shall be provided in the application.
4.9. Designation of States
(a) The Contracting States must specify in the application:
(i) in the case of designation for the purpose of obtaining national patents, the designation of each State concerned;
(ii) in the case of designation for the purpose of obtaining a regional patent, an indication that a regional patent is required for all the Contracting States which are members of the relevant regional patent contract or only for those States which are specifically designated.
(b) The application may include an indication that all destinations which would be permitted under the contract, other than those carried out under paragraph (a), are also made, provided that:
(i) at least one Contracting State shall be designated in accordance with paragraph (a); and
(ii) the application shall also include a statement that each designation under this paragraph is subject to a certificate in accordance with paragraph (c) and that a determination which will not be so confirmed before the expiry of a period of 15 months from the date of priority will be deemed to have been withdrawn by the applicant on expiry of that period.
(c) The confirmation of each designation made pursuant to paragraph (b) shall enter into force.
(i) by submitting a written report to the receiving office, containing an indication in accordance with paragraph (a) (i) or (ii); and
(ii) by paying the identification and filing fee to the receiving authority in accordance with the provisions of Rule 15.5 within the period referred to in paragraph (b) (ii).
4.10. Application of priority
(a) (unchanged)
(b) If the application does not contain
(i) the name of the country where the previous application was submitted, not for a regional or international application; the name of at least one country for which an earlier application has been submitted, if it is a regional or international application; and
(ii) the date of filing of the previous application, for the purposes of the procedure under the contract, is deemed not to have been applied. However, if, as a result of a manifest error, the indication of the country or date is incorrect or missing, the receiving office may, at the request of the applicant, make the necessary correction. The error shall be considered an obvious error whenever the correction is apparent on the basis of a comparison with the previous application. If the error consists in omission to state the date, the correction may be made only before the transmission of the archive copy to the International Bureau. In the case of any other error relating to that date or country, the correction may be made only before the expiry of the period provided for in rule 17.1 (a), from the correct priority date.
(c) (unchanged)
(d) (unchanged)
(e) (unchanged)
4.11. (unchanged)
4.12. (unchanged)
4.13. (unchanged)
4.14. (unchanged)
4.15. Signature
(a) Subject to paragraph (b), the application must be signed by the applicant or, if there is more than one applicant, by all applicants.
(b) Where two or more applicants submit an international application which is designated by a State whose national legislature requires the national application to be submitted by an inventor and where the applicant for that designated State, which is an inventor, refuses to sign the application or cannot be found, or is not available even after a considerable effort has been made, the application need not be signed by that applicant if it is signed by at least one applicant, provided to the receiving authority a satisfactory explanation concerning the missing signature.
4.16. (unchanged)
4.17. (unchanged)
Rule 5
Description
5.1. Method of description
(a) The description must begin with the name of the invention indicated in the application and must:
(i) (unchanged)
(ii) (unchanged)
(iii) (unchanged)
(iv) (unchanged)
(v) (unchanged)
(vi) (unchanged)
(b) (unchanged)
(c) (unchanged)
5.2. Nuclear and / or amino acid sequences
If the international application contains a statement of nucleotides and / or amino acids, the description shall include a statement of the sequence which complies with the standard prescribed by the Administrative Directive.
Rule 6
Entitlements
6.1. (unchanged)
6.2. (unchanged)
6.3. (unchanged)
6.4. Dependent claims
(a) (unchanged)
(b) (unchanged)
(c) (unchanged)
6.5. (unchanged)
Rule 7
Drawings
(unchanged)
Rule 8
Annotation
(unchanged)
Rule 9
Term, etc., not to be used
(unchanged)
Rule 10
Terminology and brands
(unchanged)
Rule 11
External adaptation requirements for the international application
11.1. (unchanged)
11.2. (unchanged)
11.3. (unchanged)
11.4. (unchanged)
11.5. (unchanged)
11.6. Rim
(a) The minimum edges of the leaves containing the description, claims and annotation are as follows:
- upper edge: 2 cm
- left edge: 2,5 cm
- right edge: 2 cm
- lower edge: 2 cm
(b) (unchanged)
(c) (unchanged)
(d) (unchanged)
(e) Subject to paragraph (f) and to the provisions of rule 11.8 (b), the margins of the international application submitted must be completely empty.
(f) The upper edge may contain the applicant's mark in the left-hand corner, provided that the mark is not less than 1,5 cm from the upper edge of the sheet. The number of letters in the applicant's mark shall not exceed the maximum specified in the Administrative Directive.
11. 7. Numbering of sheets
(a) (unchanged)
(b) The numbers must be placed at the centre of the upper or lower edge of the sheet but must not be placed at the edge.
11. 8. Line numbering
(a) (unchanged)
(b) The numbers should be given in the right half of the left edge.
11.9. (unchanged)
11. 10. Drawings, formulas and tables in the text section
(a) (unchanged)
(b) (unchanged)
(c) (unchanged)
(d) (unchanged)
11.11. (unchanged)
11.12. (unchanged)
11.13. (unchanged)
11.14. (unchanged)
Rule 12
Language of the international application
12.1. Allowed languages
(a) (unchanged)
(b) Notwithstanding the provisions of paragraph (a), the application, the texts on the drawings and annotations need not be in the same language as the other parts of the international application, provided that:
(i) the application is in a language acceptable under paragraph (a) or in the language in which the international application is to be published;
(ii) the texts on the drawings are in the language in which the international application is to be published;
(iii) the annotation is in the language in which the international application is to be published.
(c) (unchanged)
(d) (unchanged)
12.2. (unchanged)
Rule 13
Uniformity of invention
13.1. (unchanged)
13.2. Circumstances under which the requirement of uniformity of the invention is considered to be fulfilled
Where a group of inventions is claimed in one and the same international application, the requirement for the uniformity of the invention shall be fulfilled only if there is a technical relationship between such inventions, consisting of one or more identical or corresponding specific technical characteristics. The term "special technical features' means those technical characteristics which define the effect by which each of the applied inventions, considered as a whole, exceeds the known state of the art.
13.3. Determination of the uniformity of the invention not affected by the method of establishing entitlements
The determination of whether a group of inventions is linked together in such a way that it constitutes a single general inventive idea must be made regardless of whether the inventions are applied in separate claims or alternatively in one claim.
13.4. (unchanged)
13.5. (unchanged)
Rule 13bis
Microbiological inventions
(unchanged)
Rule 13ter
Lists of nucleotides and / or amino acids sequences
13. 1. List of sequences for international authorities
(a) If the authority for international research finds that an extract of nucleotides and / or amino acids does not comply with the standard prescribed by the Administrative Directive in accordance with Rule 5.2 and / or is not mechanically legible by this Directive, it may invite the applicant to invite him, within the time limit set in the invitation:
(i) has submitted an extract of a sequence complying with the prescribed standard and / or provided an extract of a sequence in machine-readable form, authorised by the Administrative Directive or, if that authority is prepared to rewrite the extract of a sequence in such a form, to pay the cost of such a transcription.
(b) Each extract of a sequence submitted pursuant to paragraph (a) must be accompanied by a declaration stating that the extract does not contain an article which goes beyond the substance of the international application as it was submitted.
(c) If the applicant fails to comply with the call within the prescribed time limit, the international search authority is not obliged to carry out the search for the international application, provided that such failure results in a failure to carry out a proper search.
(d) If the International Search Authority decides to rewrite the extract of the sequence in a machine-readable form in accordance with paragraph (a) (ii), it shall send a copy of the transcript in machine-readable form to the applicant.
(e) The International Search Authority shall, upon request, make available to the International Preliminary Survey Authority a copy of each extract of the sequence submitted to it or which it itself has rewritten in accordance with paragraph (a).
(f) The extract of a sequence submitted to or transcribed by an international search authority under paragraph (a) does not form part of the international application.
13ter.2 List of the sequence for the designated authority
(a) Once an international application has been initiated with a designated office, that office may require the applicant to provide him with a copy of the extract of the sequence submitted to, or transcribed by, the international search authority in accordance with Rule 13ter.1 (a).
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 529 / 1992 Coll., amending and supplementing Communication No 296 / 1991 Coll., on the Patent Cooperation Treaty and the Implementation Code adopted in Washington on 17 June 1970, as amended in 1979 and 1984 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.1992 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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