Patent Cooperation Treaty; with Regulations

Patent Cooperation Treaty; with Regulations in the United States

RULE 47
COMMUNICATION TO DESIGNATED OFFICES

47.1 Procedure

(a) The communication provided for in Article 20 shall be effected by the
International Bureau.

(b) Such communication shall be effected promptly after the International
Bureau has received amendments from the applicant, or a declaration that
the applicant does not wish to make amendments before the International
Bureau, or, in any case, when the time limit provided for in Rule 46.1 has
expired. Where, under Article 17(2)(a), the International Searching
Authority has made a declaration that no international search report will
be established, the communication provided for in Article 20 shall be
effected, unless the international application is withdrawn, within 1 month
from the date on which the International Bureau has been notified of the
said declaration by the International Searching Authority; such
communication shall be accompanied by an indication of the date of the
notification sent to the applicant under Article 17(2)(a).

(c) The International Bureau shall send a notice to the applicant
indicating the designated Offices to which the communication has been
effected and the date of such communication. Such notice shall be sent on
the same day as the communication.

(d) Each designated Office shall, when it so requires, receive the
international search reports and the declarations referred to in Article
17(2)(a) also in the translation referred to in Rule 45.1.

(e) Where any designated office has waived the requirement provided under
Article 20, the copies of the documents which otherwise would have been
sent to that Office shall, at the request of that Office or the applicant,
be sent to the applicant at the time of the notice referred to in paragraph
(c).

47.2 Copies

(a) The copies required for communication shall be prepared by the
International Bureau.

(b) They shall be on sheets of A4 size.

47.3 Languages

The international application communicated under Article 20 shall be in the
language in which it is published provided that if that language is
different from the language in which it was filed it shall, on the request
of the designated Office, be communicated in either or both of these
languages.

RULE 48

INTERNATIONAL PUBLICATION

48.1 Form

(a) The international application shall be published in the form of a
pamphlet.

(b) The particulars regarding the form of the pamphlet and the method of
reproduction shall be governed by the Administrative Instructions.

48.2 Contents

(a) The pamphlet shall contain:

(i) a standardized front page,

(ii) the description,

(iii) the claims,

(iv) the drawings, if any,

(v) subject to paragraph (g), the international search report or the
declaration under Article 17(2)(a).

(vi) any statement filed under Article 19(1), unless the
International Bureau finds that the statement does not comply with the
provisions of Rule 46.4.

(b) Subject to paragraph (c), the front page shall include:

(i) data taken from the request sheet and such other data as are
prescribed by the Administrative Instructions,

(ii) a figure or figures where the international application contains
drawings,

(iii) the abstract; if the abstract is both in English and in another
language, the English text shall appear first.

(c) Where a declaration under Article 17(2)(a) has issued, the front page
shall conspicuously refer to that fact and need include neither a drawing
nor an abstract.

(d) The figure or figures referred to in paragraph (b)(ii) shall be
selected as provided in Rule 8.2. Reproduction of such figure or figures on
the front page may be in a reduced form.

(e) If there is not enough room on the front page for the totality of the
abstract referred to in paragraph (b)(iii), the said abstract shall appear
on the back of the front page. The same shall apply to the translation of
the abstract when such translation is required to be published under Rule
48.3(c).

(f) If the claims have been amended under Article 19, the publication shall
contain either the full text of the claims both as filed and as amended or
the full text of the claims as filed and specify the amendments. Any
statement referred to in Article 19(1) shall be included as well, unless
the International Bureau finds that the statement does not comply with the
provisions of Rule 46.4. The date of receipt of the amended claims by the
International Bureau shall be indicated.

(g) If, at the time when publication is due, the international search
report is not yet available (for example, because of publication on the
request of the applicant as provided in Articles 21(2)(b) and 64(3)(c)(i)),
the pamphlet shall contain, in place of the international search report, an
indication to the effect that that report was not available and that either
the pamphlet (then also including the international search report) will be
republished or the international search report (when it becomes available)
will be separately published.

(h) If, at the time when publication is due, the time limit for amending
the claims under Article 19 has not expired, the pamphlet shall refer to
that fact and indicate that, should the claims be amended under Article 19,
then, promptly after such amendments, either the pamphlet (containing the
claims as amended) will be republished or a statement reflecting all the
amendments will be published. In the latter case, at least the front page
and the claims shall be republished and, if a statement under Article 19(1)
has been filed, that statement shall be published as well, unless the
International Bureau finds that the statement does not comply with the
provisions of Rule 46.4.

(i) The Administrative Instructions shall determine the cases in
which the various alternatives referred to in paragraphs (g) and (h) shall
apply. Such determination shall depend on the volume and complexity of the
amendments and/or the volume of the international application and the cost
factors.

48.3 Language

(a) If the international application is filed in English, French, German,
Japanese, or Russian, that application shall be published in the language
in which it was filed.

(b) If the international application is filed in a language other than
English, French, German, Japanese, or Russian, that application shall be
published in English translation. The translation shall be prepared under
the responsibility of the International Searching Authority, which shall be
obliged to have it ready in time to permit the communication under Article
20 by the prescribed date, or, if the international publication is due at
an earlier date than the said communication, to permit international
publication by the prescribed date. Notwithstanding Rule 16.1(a), the
International Searching Authority may charge a fee for the translation to
the applicant. The International Searching Authority shall give the
applicant an opportunity to comment on the draft translation. The
International Searching Authority shall fix a time limit reasonable under
the circumstances of the case for such comments. If there is no time to
take the comments of the applicant into account before the translation is
communicated or if there is a difference of opinion between the applicant
and the said Authority as to the correct translation, the applicant may
send a copy of his comments, or what remains of them, to the International
Bureau and each designated Office to which the translation was
communicated. The International Bureau shall publish the essence of the
comments together with the translation of the International Searching
Authority or subsequently to the publication of such translation.

(c) If the international application is published in a language other than
English, the international search report, or the declaration referred to in
Article 17(2)(a), and the abstract shall be published both in that language
and in English. The translations shall be prepared under the responsibility
of the International Bureau.

48.4 Earlier Publication on the Applicant’s Request

(a) Where the applicant asks for publication under Articles 21(2)(b) and
64(3)(c)(i) and the international search report, or the declaration
referred to in Article 17(2)(a), is not yet available for publication
together with the international application, the International Bureau shall
collect a special publication fee whose amount shall be fixed in the
Administrative Instructions.

(b) Publication under Articles 21(2)(b) and 64(3)(c)(i) shall be effected
by the International Bureau promptly after the applicant has asked for it
and, where a special fee is due under paragraph (a), after receipt of such
fee.

48.5 Notification of National Publication

Where the publication of the international application by the International
Bureau is governed by Article 64(3)(c)(ii), the national Office concerned
shall, promptly after effecting the national publication referred to in the
said provision, notify the International Bureau of the fact of such
national publication.

48.6 Announcing of Certain Facts

(a) If any notification under Rule 29.1(ii) reaches the International
Bureau at a time later than that at which it was able to prevent the
international publication of the international application, the
International Bureau shall promptly publish a notice in the Gazette
reproducing the essence of such notification.

(b) The essence of any notification under Rule 29.2 or 51.4 shall be
published in the Gazette and, if the notification reaches the International
Bureau before preparations for the publication of the pamphlet have been
completed, also in the pamphlet.

(c) If the international application is withdrawn after its international
publication, this fact shall be published in the Gazette.

RULE 49

LANGUAGES OF TRANSLATIONS AND AMOUNTS OF FEES
UNDER ARTICLE 22(1) and (2)

49.1 Notification

(a) Any Contracting State requiring the furnishing of a translation or the
payment of a national fee, or both, under Article 22, shall notify the
International Bureau of:

(i) the languages from which and the language into which it requires
translation,

(ii) the amount of the national fee.

(b) Any notification received by the International Bureau under paragraph
(a) shall be promptly published by the International Bureau in the Gazette.

(c) If the requirements under paragraph (a) change later, such changes
shall be notified by the Contracting State to the International Bureau and
that Bureau shall promptly publish the notification in the Gazette. If the
change means that translation is required into a language which, before the
change, was not required, such change shall be effective only with respect
to international applications filed later than 2 months after the
publication of the notification in the Gazette. Otherwise, the effective
date of any change shall be determined by the Contracting State.

49.2 Languages

The language into which translation may be required must be an official
language of the designated Office. If there are several of such languages,
no translation may be required if the international application is in one
of them. If there are several official languages and a translation must be
furnished, the applicant may choose any of those languages. Notwithstanding
the foregoing provisions of this paragraph, if there are several official
languages but the national law prescribes the use of one such language for
foreigners, a translation into that language may be required.

49.3 Statements under Article 19

For the purposes of Article 22 and the present Rule, any statement made
under Article 19(1) shall be considered part of the international
application.


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