Patent Cooperation Treaty; with Regulations in the United States

RULE 71

TRANSMITTAL OF THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

71.1 Recipients

The International Preliminary Examining Authority shall, on the same day,
transmit one copy of the international preliminary examination report and
its annexes, if any, to the International Bureau, and one copy to the
applicant.

71.2 Copies of Cited Documents
(a) The request under Article 36(4) may be presented any time during 7
years from the international filing date of the international application
to which the report relates.

(b) The International Preliminary Examining Authority may require that the
party (applicant or elected Office) presenting the request pay to it the
cost of preparing and mailing the copies. The level of the cost of
preparing copies shall be provided for in the agreements referred to in
Article 32(2) between the International Preliminary Examining Authorities
and the International Bureau.

(c) Any International Preliminary Examining Authority not wishing to send
copies direct to any elected Office shall send a copy to the International
Bureau and the International Bureau shall then proceed as provided in
paragraphs (a) and (b).

(d) Any International Preliminary Examining Authority may perform the
obligations referred to in (a) to (c) through another agency responsible to
it.

RULE 72

TRANSLATION OP THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

72.1 Languages

(a) Any elected State may require that the international preliminary
examination report, established in any language other than the official
language, or one of the official languages, of its national Office, be
translated into English, French, German, Japanese, Russian, or Spanish.

(b) Any such requirement shall be notified to the International Bureau,
which shall promptly publish it in the Gazette.

72.2 Copies of Translations for the Applicant

The International Bureau shall transmit a copy of each translation of the
international preliminary examination report to the applicant at the same
time as it communicates such translation to the interested elected Office
or Offices.

72.3 Observations on the Translation

The applicant may make written observations on what, in his opinion, are
errors of translation in the translation of the international preliminary
examination report and shall send a copy of any such observations to each
of the interested elected Offices and a copy to the International Bureau.

RULE 73

COMMUNICATION OF THE
INTERNATIONAL PRELIMINARY EXAMINATION REPORT

73.1 Preparation of Copies

The International Bureau shall prepare the copies of the documents to be
communicated under Article 36(3)(a).

73.2 Time Limit for Communication

The communication provided for in Article 36(3)(a) shall be effected as
promptly as possible.

RULE 74

TRANSLATIONS OF ANNEXES OF THE INTERNATIONAL
PRELIMINARY EXAMINATION REPORT AND TRANSMITTAL THEREOF

74.1 Time Limit

Any replacement sheet referred to in Rule 70.16, or any amendment referred
to in the last sentence of that Rule which was filed prior to the
furnishing of the translation of the international application required
under Article 39, or, where the furnishing of such translation is governed
by Article 64(2)(a)(i), which was filed prior to the furnishing of the
translation of the international application required under Article 22,
shall be translated and transmitted together with the furnishing under
Article 39 or, where applicable, under Article 22, or,if filed less than 1
month before such furnishing or if filed after such furnishing, 1 month
after it has been filed.

RULE 75

WITHDRAWAL OF THE DEMAND, OR OF ELECTIONS

75.1 Withdrawals

(a) Withdrawal of the demand or all the elections may be effected prior to
the expiration of 25 months from the priority date except as to any elected
State in which national processing or examination has already started.
Withdrawal of the election of any elected State may be effected prior to
the date on which examination and processing may start in that State.

(b) Withdrawal shall be effected by a signed notice from the applicant to
the International Bureau. In the case of Rule 4.8(b), the notice shall
require the signature of all the applicants.

75.2 Notification of Elected Offices

(a) The fact that the demand or all elections have been withdrawn shall be
promptly notified by the International Bureau to the national Offices of
all States which, up to the time of the withdrawal, were elected States and
had been informed of their election.

(b) The fact that any election has been withdrawn and the date of receipt
of the withdrawal shall be promptly notified by the International Bureau to
the elected Office concerned, except where it has not yet been informed
that it had been elected.

75.3 Notification of the International Preliminary Examining Authority

The fact that the demand or all elections have been withdrawn shall be
promptly notified by the International Bureau to the International
Preliminary Examining Authority if, at the time of the withdrawal, the
latter had been informed of the existence of the demand.

75.4 Faculty under Article 37(4)(b)

(a) Any Contracting State wishing to take advantage of the faculty provided
for in Article 37(4)(b) shall notify the International Bureau in writing.

(b) The notification under paragraph (a) shall be promptly published by the
International Bureau in the Gazette, and shall have effect in respect of
international applications filed more than 1 month after the publication
date of the relevant issue of the Gazette.

RULE 76
LANGUAGES OF TRANSLATIONS AND AMOUNTS OF FEES
UNDER ARTICLE 39(1); TRANSLATION OP PRIORITY DOCUMENT

76.1 Notification

(a) Any Contracting State requiring the furnishing of a translation or the
payment of a national fee, or both, under Article 39(1), 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 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 a demand submitted 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.

76.2 Languages

The language into which translation may be required must be an official
language of the elected 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.

76.3 Statements under Article 19

For the purposes of Article 39 and the present Rule, any statement made
under Article 19(1) shall be considered as part of the international
application.

76.4 Time Limit for Translation of Priority Document

The applicant shall not be required to furnish to any elected Office a
certified translation of the priority document before the expiration of the
applicable time limit under Article 39.