Patent Cooperation Treaty; with Regulations in the United States

RULE 56

LATER ELECTIONS

56.1 Elections Submitted Later Than the Demand

The election of States not named in the demand shall be effected by a
notice signed and submitted by the applicant, and shall identify the
international application and the demand.

56.2 Identification of the International Application

The international application shall be identified as provided in Rule 53.6.
56.3 Identification of the Demand

The demand shall be identified by the date on which it was submitted and by
the name of the International Preliminary Examining Authority to which it
was submitted.

56.4 Form of Later Elections

The later election shall preferably be made on a printed form furnished
free of charge to applicants. If it is not made on such a form, it shall
preferably be worded as follows: “In relation to the international
application filed with… on…under No. …by… (applicant)(and the
demand for international preliminary examination submitted on…to…), the
undersigned elects the following additional State(s) under Article 31 of
the Patent Cooperation Treaty: …”

56.5 Language of Later Elections

The later election shall be in the language of the demand.

RULE 57

THE HANDLING FEE

57.1 Requirement to Pay

Each demand for international preliminary examination shall be subject to
the payment of a fee for the benefit of the International Bureau (“handling
fee”).

57.2 Amount

(a) The amount of the handling fee shall be US $14.00 or 60 Swiss francs
augmented by as many times the same amount as the number of languages into
which the international preliminary examination report must, in application
of Article 36(2), be translated by the International Bureau.

(b) Where, because of a later election or elections, the international
preliminary examination report must, in application of Article 36(2), be
translated by the International Bureau into one or more additional
languages, a supplement to the handling fee shall be payable and shall
amount to US $14.00 or 60 Swiss francs for each additional language.

57.3 Mode and Time of Payment

(a) Subject to paragraph (b), the handling fee shall be collected by the
International Preliminary Examining Authority to which the demand is
submitted and shall be due at the time the demand is submitted.

(b) Any supplement to the handling fee under Rule 57 2(b) shall be
collected by the International Bureau and shall be due at the time the
later election is submitted.

(c) The handling fee shall be payable in the currency prescribed by the
International Preliminary Examining Authority to which the demand is
submitted, it being understood that, when transferred by that Authority to
the International Bureau, it shall be freely convertible into Swiss
currency.

(d) Any supplement to the handling fee shall be payable in Swiss currency.

57.4 Failure to Pay (Handling Fee)

(a) Where the handling fee is not paid as required by Rules 57.2(a) and
57.3(a) and (c), the International Preliminary Examining Authority shall
invite the applicant to pay the fee within 1 month from the date of the
invitation.

(b) If the applicant complies with the invitation within the prescribed
time limit, the demand shall be considered as if it had been received on
the date on which the International Preliminary Examining Authority
receives the fee, unless, under Rule 60.1(b), a later date is applicable.

(c) If the applicant does not comply with the invitation within the
prescribed time limit, the demand shall be considered as if it had not been
submitted.

57.5 Failure to Pay (Supplement to the Handling Fee)

(a) Where the supplement to the handling fee is not paid as required by
Rules 57.2(b) and 57.3(b) and (d) the International Bureau shall invite the
applicant to pay the supplement within 1 month from the invitation.

(b) If the applicant complies with the invitation within the prescribed
time limit, the later election shall be considered as if it had been
received on the date on which the International Bureau receives the
supplement, unless, under Rule 60.2(b), a later date is applicable.

(c) If the applicant does not comply with the invitation within the
prescribed time limit, the later election shall be considered as if it had
not been submitted.

57.6 Refund

In no case shall the handling fee, including any supplement thereto, be
refunded.

RULE 58

THE PRELIMINARY EXAMINATION FEE

58.1 Right to Ask for a Fee

(a) Each International Preliminary Examining Authority may require that the
applicant pay a fee (“preliminary examination fee”) for its own benefit for
carrying out the international preliminary examination and for performing
all other tasks entrusted to International Preliminary Examining
Authorities under the Treaty and these Regulations.

(b) The amount and the due date of the preliminary examination fee, if any,
shall be fixed by the International Preliminary Examining Authority,
provided that the said due date shall not be earlier than the due date of
the handling fee.

(c) The preliminary examination fee shall be payable directly to the
International Preliminary Examining Authority. Where that Authority is a
national Office, it shall be payable in the currency prescribed by that
Office, and where the Authority is an intergovernmental organization, it
shall be payable in the currency of the State in which the
intergovernmental organization is located or in any other currency which is
freely convertible into the currency of the said State.

RULE 59

THE COMPETENT INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

59.1 Demands under Article 31(2)(a)

For demands made under Article 31(2)(a), each Contracting State bound by
the provisions of Chapter II shall, in accordance with the terms of the
applicable agreement referred to in Article 32(2) and (3), inform the
International Bureau which International Preliminary Examining Authority is
or which International Preliminary Examining Authorities are competent for
the international preliminary examination of international applications
filed with its national Office, or, in the case provided for in Rule
19.1(b), with the national Office of another State or an intergovernmental
organization acting for the former Office, and the International Bureau
shall promptly publish such information. Where several International
Preliminary Examining Authorities are competent, the provisions of Rule
35.2 shall apply mutatis mutandis.

59.2 Demands under Article 31(2)(b)

As to demands made under Article 31(2)(b), the Assembly, in specifying the
International Preliminary Examining Authority competent for international
applications filed with a national Office which is an International
Preliminary Examining Authority, shall give preference to that Authority;
if the national Office is not an International Preliminary Examining
Authority, the Assembly shall give preference to the International
Preliminary Examining Authority recommended by that Office.