Patent Cooperation Treaty; with Regulations in the United States

Article 37
Withdrawal of Demand or Election

(1) The applicant may withdraw any or all elections.

(2) If the election of all elected States is withdrawn, the demand shall be
considered withdrawn.

(3)(a) Any withdrawal shall be notified to the International Bureau.

(b) The elected Offices concerned and the International Preliminary
Examining Authority concerned shall be notified accordingly by the
International Bureau.

(4)(a) Subject to the provisions of subparagraph (b), withdrawal of the
demand or of the election of a Contracting State shall, unless the national
law of that State provides otherwise, be considered to bc withdrawal of the
international application as far as that State is concerned.

(b) Withdrawal of the demand or of the election shall not be considered
to be withdrawal of the international application if such withdrawal is
effected prior to the expiration of the applicable time limit under Article
22; however, any Contracting State may provide in its national law that the
aforesaid shall apply only if its national Office has received, within the
said time limit, a copy of the international application, together with a
translation (as prescribed), and the national fee.

Article 38
Confidential Nature of the
International Preliminary Examination

(1) Neither the International Bureau nor the International Preliminary
Examining Authority shall, unless requested or authorized by the applicant,
allow access within the meaning, and with the proviso, of Article 30(4) to
the file of the international preliminary examination by any person or
authority at any time, except by the elected Offices once the international
preliminary examination report has been established.

(2) Subject to the provisions of paragraph (1) and Articles 36(1) and (3)
and 37(3)(b), neither the International Bureau nor the International
Preliminary Examining Authority shall, unless requested or authorized by
the applicant, give information on the issuance or non-issuance of an
international preliminary examination report and on the withdrawal or
non-withdrawal of the demand or of any election.

Article 39
Copy, Translation, and Fee, to Elected Offices

(1)(a) If the election of any Contracting State has been effected prior to
the expiration of the 19th month from the priority date, the provisions of
Article 22 shall not apply to such State and the applicant shall furnish a
copy of the international application (unless the communication under
Article 20 has already taken place) and a translation thereof (as
prescribed), and pay the national fee (if any), to each elected Office not
later than at the expiration of 25 months from the priority date.

(b) Any national law may, for performing the acts referred to in
subparagraph (a), fix time limits which expire later than the time limit
provided for in that subparagraph.

(2) The effect provided for in Article 11(3) shall cease in the elected
State with the same consequences as the withdrawal of any national
application in that State if the applicant fails to perform the acts
referred to in paragraph (1)(a) within the time limit applicable under
paragraph (1)(a) or (b).

(3) Any elected Office may maintain the effect provided for in Article
11(3) even where the applicant does not comply with the requirements
provided for in paragraph (1)(a) or (b).

Article 40
Delaying of National Examination and Other Processing

(1) If the election of any Contracting State has been effected prior to the
expiration of the 19th month from the priority date, the provisions of
Article 23 shall not apply to such State and the national Office of or
acting for that State shall not proceed, subject to the provisions of
paragraph (2), to the examination and other processing of the international
application prior to the expiration of the applicable time limit under
Article 39.

(2) Notwithstanding the provisions of paragraph (1), any elected Office
may, on the express request of the applicant, proceed to the examination
and other processing of the international application at any time.

Article 41
Amendment of the Claims, the Description, and the Drawings,
Before Elected Offices

(1) The applicant shall be given the opportunity to amend the claims, the
description, and the drawings, before each elected Office within the
prescribed time limit. No elected Office shall grant a patent, or refuse
the grant of a patent, before such time limit has expired, except with the
express consent of the applicant.

(2) The amendments shall not go beyond the disclosure in the international
application as filed, unless the national law of the elected State permits
them to go beyond the said disclosure.

(3) The amendments shall be in accordance with the national law of the
elected State in all respects not provided for in this Treaty and the
Regulations.

(4) Where an elected Office requires a translation of the international
application, the amendments shall be in the language of the translation.

Article 42
Results of National Examination in Elected Offices

No elected Office receiving the international preliminary examination
report may require that the applicant furnish copies, or information on the
contents, of any papers connected with the examination relating to the same
international application in any other elected Office.