Patent Cooperation Treaty; with Regulations in the United States

RULE 60

CERTAIN DEFECTS IN THE DEMAND OR ELECTIONS

60.1 Defects in the Demand

(a) If the demand does not comply with the requirements specified in Rules
53 and 55, the International Preliminary Examining Authority shall invite
the applicant to correct the defects 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 correction,or, when the handling fee is received under Rule
57.4(b) at a later date, on that date.

(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.

(d) If the defect is noticed by the International Bureau, it shall bring
the defect to the attention of the International Preliminary Examining
Authority, which shall then proceed as provided in paragraphs (a) to (c).

60.2 Defects in Later Elections

(a) If the later election does not comply with the requirements of Rule 56,
the International Bureau shall invite the applicant to correct the defects
within 1 month from the date of 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
correction, or, where the supplement to the handling fee is received under
Rule 57.5(b) at a later date, on that date.

(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.

60.3 Attempted Elections

If the applicant has attempted to elect a State which is not a designated
State or which is not bound by Chapter II, the attempted election shall be
considered not to have been made, and the International Bureau shall notify
the applicant accordingly.

RULE 61

NOTIFICATION OF THE DEMAND AND ELECTIONS

61.1 Notifications to the International Bureau, the Applicant, and the
International Preliminary Examining Authority

(a) The International Preliminary Examining Authority shall indicate on
both copies of the demand the date of receipt or, where applicable, the
date referred to in Rule 60.1(b). The International Preliminary Examining
Authority shall promptly send the original copy to the International
Bureau. It shall keep the other copy in its files.

(b) The International Preliminary Examining Authority shall promptly inform
the applicant in writing of the date of receipt of the demand. Where the
demand has been considered under Rules 57.4(c) or 60.1(c) as if it had not
been submitted, the International Preliminary Examining Authority shall
notify the applicant accordingly.

(c) The International Bureau shall promptly notify the International
Preliminary Examining Authority and the applicant of the receipt, and the
date of receipt, of any later election. That date shall be the actual date
of receipt by the International Bureau or, where applicable, the date
referred to in Rule 60.2(b). Where the later election has been considered
under Rules 57.5(c) or 60.2(c) as if it had not been submitted, the
International Bureau shall notify the applicant accordingly.

61.2 Notifications to the Elected Offices

(a) The notification provided for in Article 31(7) shall be effected by the
International Bureau.

(b) The notification shall indicate the number and filing date of the
international application, the name of the applicant, the name of the
receiving Office, the filing date of the application whose priority is
claimed (where priority is claimed), the date of receipt by the
International Preliminary Examining Authority of the demand, and–in the
case of later elections–the date of receipt by the International Bureau of
the later election.

(c) The notification shall be sent to the elected Office promptly after the
expiration of the 18th month from the priority date, or, if the
international preliminary examination report is communicated earlier, then,
at the same time as the communication of that report. Elections effected
after such notification shall be notified promptly after they have been
effected.

61.3 Information for the Applicant

The International Bureau shall inform the applicant in writing that it has
effected the notification referred to in Rule 61.2 At the same time, it
shall indicate to him, in respect of each elected State, any applicable
time limit under Article 39(1)(b).

RULE 62

COPY FOR THE INTERNATIONAL
PRELIMINARY EXAMINING AUTHORITY

62.1 The International Application

(a) Where the competent International Preliminary Examining Authority is
part of the same national Office or intergovernmental organization as the
competent International Searching Authority, the same file shall serve the
purposes of international search and international preliminary examination.

(b) Where the competent International Searching Authority is not part of
the same national Office or intergovernmental organization as the competent
International Preliminary Examining Authority, the International Bureau
shall, promptly upon receipt of the international search report or, if the
demand was received after the international search report, promptly upon
receipt of the demand, send a copy of the international application and the
international search report to the said Preliminary Examining Authority. In
cases where, instead of the international search report, a declaration
under Article 17(2)(a) has issued, references in the preceding sentence to
the international search report shall be considered references to the said
declaration.

62.2 Amendments

(a) Any amendment filed under Article 19 shall be promptly transmitted by
the International Bureau to the International Preliminary Examining
Authority. If, at the time of filing such amendments, a demand for
international preliminary examination has already been submitted, the
applicant shall, at the same time as he files the amendments with the
International Bureau, also file a copy of such amendments with the
International Preliminary Examining Authority.

(b) If the time limit for filing amendments under Article 19 (see Rule
46.1) has expired without the applicant’s having filed amendments under
that Article, or if the applicant has declared that he does not wish to
make amendments under that Article, the International Bureau shall notify
the International Preliminary Examining Authority accordingly.

RULE 63

MINIMUM REQUIREMENTS FOR INTERNATIONAL
PRELIMINARY EXAMINING AUTHORITIES

63.1 Definition of Minimum Requirements

The minimum requirements referred to in Article 32(3) shall be the
following:

(i) the national Office or intergovernmental organization must have
at least 100 full-time employees with sufficient technical qualifications
to carry out examinations;

(ii) that Office or organization must have at its ready disposal at
least the minimum documentation referred to in Rule 34, properly arranged
for examination purposes;

(iii) that Office or organization must have a staff which is capable
of examining in the required technical fields and which has the language
facilities to understand at least those languages in which the minimum
documentation referred to in Rule 34 is written or is translated.

RULE 64

PRIOR ART FOR INTERNATIONAL PRELIMINARY EXAMINATION
64.1 Prior Art

(a) For the purposes of Article 33(2) and (3), everything made available to
the public anywhere in the world by means of written disclosure (including
drawings and other illustrations) shall be considered prior art provided
that such making available occurred prior to the relevant date.

(b) For the purposes of paragraph (a), the relevant date will be:

(i) subject to item (ii), the international filing date of the
international application under international preliminary examination;

(ii) where the international application under international
preliminary examination validly claims the priority of an earlier
application, the filing date of such earlier application.

64.2 Non-Written Disclosures

In cases where the making available to the public occurred by means of an
oral disclosure, use, exhibition or other non-written means (“non-written
disclosure”) before the relevant date as defined in Rule 64.1(b) and the
date of such non-written disclosure is indicated in a written disclosure
which has been made available to the public after the relevant date, the
non-written disclosure shall not be considered part of the prior art for
the purposes of Article 33(2) and (3). Nevertheless, the international
preliminary examination report shall call attention to such non-written
disclosure in the manner provided for in Rule 70.9.

64.3 Certain Published Documents

In cases where any application or any patent which would constitute prior
art for the purposes of Article 33(2) and (3) had it been published prior
to the relevant date referred to in Rule 64.1 was published, as such, after
the relevant date but was filed earlier than the relevant date or claimed
the priority of an earlier application which had been filed prior to the
relevant date, such published application or patent shall not be considered
part of the prior art for the purposes of Article 33(2) and (3).
Nevertheless, the international preliminary examination report shall call
attention to such application or patent in the manner provided for in Rule
70.10.