Patent Cooperation Treaty; with Regulations in the United States

RULE 87

COPIES OF PUBLICATIONS

87.1 International Searching and Preliminary Examining Authorities

Any International Searching or Preliminary Examining Authority shall have
the right to receive, free of charge, two copies of every published
international application, of the Gazette, and of any other publication of
general interest published by the International Bureau in connection with
the Treaty or these Regulations.

87.2 National Offices

(a) Any national Office shall have the right to receive, free of charge,
one copy of every published international application, of the Gazette, and
of any other publication of general interest published by the International
Bureau in connection with the Treaty or these Regulations.

(b) The publications referred to in paragraph (a) shall be sent on special
request, which shall be made, in respect of each year, by November 30 of
the preceding year. If any publication is available in more than one
language, the request shall specify the language in which it is desired.

RULE 88

AMENDMENT OF THE REGULATIONS

88.1 Requirement of Unanimity

Amendment of the following provisions of these Regulations shall require
that no State having the right to vote in the Assembly vote against the
proposed amendment:

(i) Rule 14.1 (Transmittal Fee),
(ii) Rule 22.2 (Transmittal of the Record Copy; Alternative
Procedure),
(iii) Rule 22.3 (Time Limit Under Article 12(3)),
(iv) Rule 33 (Relevant Prior Art for International Search),
(v) Rule 64 (Prior Art for International Preliminary Examination),
(vi) Rule 81 (Modification of Time Limits Fixed in the Treaty),
(vii) the present paragraph (i.e., Rule 88.1).

88.2 Requirement of Unanimity During a Transitional Period

During the first 5 years after the entry into force of the Treaty,
amendment of the following provisions of these Regulations shall require
that no State having the right to vote in the Assembly vote against the
proposed amendment:

(i) Rule 5 (The Description),
(ii) Rule 6 (The Claims),
(iii) the present paragraph (i.e., Rule 88.2).

88.3 Requirement of Absence of Opposition by Certain States

Amendment of the following provisions of these Regulations shall require
that no State referred to in Article 58(3)(a)(ii) and having the right to
vote in the Assembly vote against the proposed amendment:

(i) Rule 34 (Minimum Documentation),
(ii) Rule 39 (Subject Matter Under Article 17(2)(a)(i)),
(iii) Rule 67 (Subject Matter Under Article 34(4)(a)(i)),
(iv) the present paragraph (i.e., Rule 88.3).

88.4 Procedure

Any proposal for amending a provision referred to in Rules 88.1, 88.2 or
88.3, shall, if the proposal is to be decided upon in the Assembly, be
communicated to all Contracting States at least 2 months prior to the
opening of that session of the Assembly which is called upon to make a
decision on the proposal.

RULE 89

ADMINISTRATIVE INSTRUCTIONS

89.1 Scope

(a) The Administrative Instructions shall contain provisions:

(i) concerning matters in respect of which these Regulations
expressly refer to such Instructions,

(ii) concerning any details in respect of the application of these
Regulations.

(b) The Administrative Instructions shall not be in conflict with the
provisions of the Treaty, these Regulations, or any agreement concluded by
the International Bureau with an International Searching Authority, or an
International Preliminary Examining Authority.

89.2 Source

(a) The Administrative Instructions shall be drawn up and promulgated by
the Director General after consultation with the receiving Offices and the
International Searching and Preliminary Examining Authorities.

(b) They may be modified by the Director General after consultation with
the Offices or Authorities which have a direct interest in the proposed
modification.
(c) The Assembly may invite the Director General to modify the
Administrative Instructions, and the Director General shall proceed
accordingly.

89.3 Publication and Entry Into Force

(a) The Administrative Instructions and any modification thereof shall be
published in the Gazette.

(b) Each publication shall specify the date on which the published
provisions come into effect. The dates may be different for different
provisions, provided that no provision may be declared effective prior to
its publication in the Gazette.

PART F

RULES CONCERNING SEVERAL CHAPTERS OF THE TREATY

RULE 90

REPRESENTATION

90.1 Definitions

For the purposes of Rule 90.2 and Rule 90.3:

(i) “agent” means any of the persons referred to in Article 49;

(ii) “common representative” means the applicant referred to in Rule
4.8.

90.2 Effects

(a) Any act by or in relation to an agent shall have the effect of an act
by or in relation to the applicant or applicants having appointed the
agent.

(b) Any act by or in relation to a common representative or his agent shall
have the effect of an act by or in relation to all the applicants.

(c) If there are several agents appointed by the same applicant or
applicants, any act by or in relation to any of the several agents shall
have the effect of an act by or in relation to the said applicant or
applicants.

(d) The effects described in paragraphs (a), (b), and (c), shall apply to
the processing of the international application before the receiving
Office, the International Bureau, the International Searching Authority,
and the International Preliminary Examining Authority.

90.3 Appointment

(a) Appointment of any agent or of any common representative within the
meaning of Rule 4.3(a), if the said agent or common representative is not
designated in the request signed by all applicants, shall be effected in a
separate signed power of attorney (i.e., a document appointing an agent or
a common representative).

(b) The power of attorney may be submitted to the receiving Office or the
International Bureau. Whichever of the two is the recipient of the power of
attorney submitted shall immediately notify the other and the interested
International Searching Authority and the interested International
Preliminary Examining Authority.

(c) If the separate power of attorney is not signed as provided in
paragraph (a), or if the required separate power of attorney is missing, or
if the indication of the name or address of the appointed person does not
comply with Rule 4.4, the power of attorney shall be considered
non-existent unless the defect is corrected.

90.4 Revocation

(a) Any appointment may be revoked by the persons who have made the
appointment or their successors in title.

(b) Rule 90.3 shall apply, mutatis mutandis, to the document containing the
revocation.