Patent Cooperation Treaty; with Regulations in the United States

RULE 25

RECEIPT OF THE SEARCH COPY BY THE
INTERNATIONAL SEARCHING AUTHORITY

25.1 Notification of Receipt of the Search Copy

The International Searching Authority shall promptly notify the
International Bureau, the applicant, and–unless the International
Searching Authority is the same as the receiving Office–the receiving
Office, of the fact and the date of receipt of the search copy.

RULE 26

CHECKING AND CORRECTING CERTAIN ELEMENTS
OF THE INTERNATIONAL APPLICATION

26.1 Time Limit for Check

(a) The receiving Office shall issue the invitation to correct provided for
in Article 14(1)(b) as soon as possible, preferably within 1 month from the
receipt of the international application.

(b) If the receiving Office issues an invitation to correct the defect
referred to in Article 14(1)(a)(iii) or (iv) (missing title or missing
abstract), it shall notify the International Searching Authority
accordingly.

26.2 Time Limit for Correction

The time limit referred to in Article 14(1)(b) shall be reasonable under
the circumstances of the particular case and shall be fixed in each case by
the receiving Office. It shall not be less than 1 month and normally not
more than 2 months from the date of the invitation to correct.

26.3 Checking of Physical Requirements under Article 14(1)(a)(v)

The physical requirements referred to in Rule 11 shall be checked to the
extent that compliance therewith is necessary for the purpose of reasonably
uniform international publication.

26.4 Procedure

(a) Any correction offered to the receiving Office may be stated in a
letter addressed to that Office if the correction is of such a nature that
it can be transferred from the letter to the record copy without adversely
affecting the clarity and the direct reproducibility of the sheet on to
which the correction is to be transferred; otherwise, the applicant shall
be required to submit a replacement sheet embodying the correction and the
letter accompanying the replacement sheet shall draw attention to the
differences between the replaced sheet and the replacement sheet.

(b) The receiving Office shall mark on each replacement sheet the
international application number, the date on which it was received, and
the stamp identifying the Office. It shall keep in its files a copy of the
letter containing the correction or, when the correction is contained in a
replacement sheet, the replaced sheet, the letter accompanying the
replacement sheet, and a copy of the replacement sheet.

(c) The receiving Office shall promptly transmit the letter and any
replacement sheet to the International Bureau. The International Bureau
shall transfer to the record copy the corrections requested in a letter,
together with the indication of the date of its receipt by the receiving
Office, and shall insert any replacement sheet in the record copy. The
letter and any replaced sheet shall be kept in the files of the
International Bureau.

(d) The receiving Office shall promptly transmit a copy of the letter and
any replacement sheet to the International Searching Authority.

26.5 Correction of Certain Elements

(a) The receiving Office shall decide whether the applicant has submitted
the correction within the prescribed time limit. If the correction has been
submitted within the prescribed time limit, the receiving Office shall
decide whether the international application so corrected is or is not to
be considered withdrawn.

(b) The receiving Office shall mark on the papers containing the correction
the date on which it received such papers.

26.6 Missing Drawings

(a) If, as provided in Article 14(2), the international application refers
to drawings which in fact are not included in that application, the
receiving Office shall so indicate in the said application.

(b) The date on which the applicant receives the notification provided for
in Article 14(2) shall have no effect on the time limit fixed under Rule
20.2(a)(iii).

RULE 27

LACK OF PAYMENT OF FEES
27.1 Fees

(a) For the purposes of Article 14(3)(a), “fees prescribed under Article
3(4)(iv)” means: the transmittal fee (Rule 14), the basic fee part of the
international fee (Rule 15.1(i)), and the search fee (Rule 16).

(b) For the purposes of Article 14(3)(a) and (b), “the fee prescribed under
Article 4(2)” means the designation fee part of the international fee (Rule
15.1(ii)).

RULE 28

DEFECTS NOTED BY THE INTERNATIONAL BUREAU
OR THE INTERNATIONAL SEARCHING AUTHORITY

28.1 Note on Certain Defects

(a) If, in the opinion of the International Bureau or of the International
Searching Authority, the international application contains any of the
defects referred to in Article 14(1)(a)(i), (ii), or (v), the International
Bureau or the International Searching Authority, respectively, shall bring
such defects to the attention of the receiving Office.

(b) The receiving Office shall, unless it disagrees with the said opinion,
proceed as provided in Article 14(1)(b) and Rule 26.

RULE 29

INTERNATIONAL APPLICATIONS OR DESIGNATIONS
CONSIDERED WITHDRAWN UNDER ARTICLE 14(1), (3) OR (4)

29.1 Finding by Receiving Office

(a) If the receiving Office declares, under Article 14(1)(b) and Rule 26.5
(failure to correct certain defects), or under Article 14(3)(a) (failure to
pay the prescribed fees under Rule 27.1(a)), or under Article 14(4) (later
finding of non-compliance with the requirements listed in items (i) to
(iii) of Article 11(1)), that the international application is considered
withdrawn:

(i) the receiving Office shall transmit the record copy (unless
already transmitted), and any correction offered by the applicant, to the
International Bureau;

(ii) the receiving Office shall promptly notify both the applicant
and the International Bureau of the said declaration, and the International
Bureau shall in turn notify the interested designated Offices;

(iii) the receiving Office shall not transmit the search copy as
provided in Rule 23, or, if such copy has already been transmitted, it
shall notify the International Searching Authority of the said declaration;

(iv) the International Bureau shall not be required to notify the
applicant of the receipt of the record copy.

(b) If the receiving Office declares under Article 14(3)(b) (failure to pay
the prescribed designation fee under Rule 27.1(b)) that the designation of
any given State is considered withdrawn, the receiving Office shall
promptly notify both the applicant and the International Bureau of the said
declaration. The International Bureau shall ln turn notify the interested
national Office.

29.2 Finding by Designated Office

Where the effect of the international application ceases in any designated
State by virtue of Article 24(1)(iii), or where such effect is maintained
in any designated State by virtue of Article 24(2), the competent
designated Office shall promptly notify the International Bureau
accordingly.

29.3 Calling Certain Facts to the Attention of the Receiving Office

If the International Bureau or the International Searching Authority
considers that the receiving Office should make a finding under Article
14(4), it shall call the relevant facts to the attention of the receiving
Office.

29.4 Notification of Intent to Make Declaration under Article 14.4

Before the receiving Office issues any declaration under Article 14(4), it
shall notify the applicant of its intent to issue such declaration and the
reasons therefor. The applicant may, if he disagrees with the tentative
finding of the receiving Office, submit arguments to that effect within 1
month from the notification.

RULE 30

TIME LIMIT UNDER ARTICLE 14(4)

30.1 Time Limit

The time limit referred to in Article 14(4) shall be 6 months from the
international filing date.

RULE 31

COPIES REQUIRED UNDER ARTICLE 13

31.1 Request for Copies

(a) Requests under Article 13(1) may relate to all, some kinds of, or
individual international applications in which the national Office making
the request is designated. Requests for all or some kinds of such
international applications must be renewed for each year by means of a
notification addressed by that Office before November 30 of the preceding
year to the International Bureau.

(b) Requests under Article 13(2)(b) shall be subject to the payment of a
fee covering the cost of preparing and mailing the copy.

31.2 Preparation of Copies

The preparation of copies required under Article 13 shall be the
responsibility of the International Bureau.

RULE 32

WITHDRAWAL OF THE INTERNATIONAL APPLICATION
OR OP DESIGNATIONS

32.1 Withdrawals

(a) The applicant may withdraw the international application prior to the
expiration of 20 months from the priority date except as to any designated
State in which national processing or examination has already started. He
may withdraw the designation of any designated State prior to the date on
which processing or examination may start in that State.

(b) Withdrawal of the designation of all designated States shall be treated
as withdrawal of the international application.

(c) Withdrawal shall be effected by a signed notice from the applicant to
the International Bureau or, if the record copy has not yet been sent to
the International Bureau, to the receiving Office. In the case of Rule
4.8(b), the notice shall require the signature of all the applicants.

(d) Where the record copy has already been sent to the International
Bureau, the fact of withdrawal, together with the date of receipt of the
notice effecting withdrawal, shall be recorded by the International Bureau
and promptly notified by it to the receiving Office, the applicant, the
designated Offices affected by the withdrawal, and, where the withdrawal
concerns the international application and where the international search
report or the declaration referred to in Article 17(2)(a) has not yet
issued, the International Searching Authority.

RULE 33

RELEVANT PRIOR ART FOR THE INTERNATIONAL SEARCH

33.1 Relevant Prior Art for the International Search

(a) For the purposes of Article 15(2), relevant prior art shall consist of
everything which has been made available to the public anywhere in the
world by means of written disclosure (including drawings and other
illustrations) and which is capable of being of assistance in determining
that the claimed invention is or is not new and that it does or does not
involve an inventive step (i.e., that it is or is not obvious), provided
that the making available to the public occurred prior to the international
filing date.

(b) When any written disclosure refers to an oral disclosure, use,
exhibition, or other means whereby the contents of the written disclosure
were made available to the public, and such making available to the public
occurred on a date prior to the international filing date, the
international search report shall separately mention that fact and the date
on which it occurred if the making available to the public of the written
disclosure occurred on a date posterior to the international filing date.

(c) Any published application or any patent whose publication date is later
but whose filing date, or, where applicable, claimed priority date, is
earlier than the international filing date of the international application
searched, and which would constitute relevant prior art for the purposes of
Article 15(2) had it been published prior to the international filing date,
shall be specially mentioned in the international search report.

33.2 Fields to be Covered by the International Search

(a) The international search shall cover all those technical fields, and
shall be carried out on the basis of all those search files, which may
contain material pertinent to the invention.

(b) Consequently, not only shall the art in which the invention is
classifiable be searched but also analogous arts regardless of where
classified.

(c) The question what arts are, in any given case, to be regarded as
analogous shall be considered in the light of what appears to be the
necessary essential function or use of the invention and not only the
specific functions expressly indicated in the international application.

(d) The international search shall embrace all subject matter that is
generally recognized as equivalent to the subject matter of the claimed
invention for all or certain of its features, even though, in its
specifics, the invention as described in the international application is
different.

33.3 Orientation of the International Search

(a) International search shall be made on the basis of the claims, with due
regard to the description and the drawings (if any) and with particular
emphasis on the inventive concept towards which the claims are directed.

(b) In so far as possible and reasonable, the international search shall
cover the entire subject matter to which the claims are directed or to
which they might reasonably be expected to be directed after they have been
amended.