Patent Cooperation Treaty; with Regulations in the United States

CHAPTER III

COMMON PROVISIONS

Article 43
Seeking Certain Kinds of Protection

In respect of any designated or elected State whose law provides for the
grant of inventors’ certificates, utility certificates, utility models,
patents or certificates of addition, inventors’ certificates of addition,
or utility certificates of addition, the applicant may indicate, as
prescribed in the Regulations, that his international application is for
the grant, as far as that State is concerned, of an inventor’s certificate,
a utility certificate, or a utility model, rather than a patent, or that it
is for the grant of a patent or certificate of addition, an inventor’s
certificate of addition, or a utility certificate of addition, and the
ensuing effect shall be governed by the applicant’s choice. For the
purposes of this Article and any Rule thereunder, Article 2(ii) shall not
apply.

Article 44
Seeking Two Kinds of Protection

In respect of any designated or elected State whose law permits an
application, while being for the grant of a patent or one of the other
kinds of protection referred to in Article 43, to be also for the grant of
another of the said kinds of protection, the applicant may indicate, as
prescribed in the Regulations, the two kinds of protection he is seeking,
and the ensuing effect shall be governed by the applicant’s indications.
For the purposes of this Article, Article 2(ii) shall not apply.

Article 45
Regional Patent Treaties

(1) Any treaty providing for the grant of regional patents (“regional
patent treaty”), and giving to all persons who, according to Article 9, are
entitled to file international applications the right to file applications
for such patents, may provide that international applications designating
or electing a State party to both the regional patent treaty and the
present Treaty may be filed as applications for such patents.

(2) The national law of the said designated or elected State may provide
that any designation or election of such State in the international
application shall have the effect of an indication of the wish to obtain a
regional patent under the regional patent treaty.

Article 46
Incorrect Translation of the International Application

If, because of an incorrect translation of the international application,
the scope of any patent granted on that application exceeds the scope of
the international application in its original language, the competent
authorities of the Contracting State concerned may accordingly and
retroactively limit the scope of the patent, and declare it null and void
to the extent that its scope has exceeded the scope of the international
application in its original language.

Article 47
Time Limits

(1) The details for computing time limits referred to in this Treaty are
governed by the Regulations.

(2)(a) All time limits fixed in Chapters I and II of this Treaty may,
outside any revision under Article 60, be modified by a decision of the
Contracting States.

(b) Such decisions shall be made in the Assembly or through voting by
correspondence and must be unanimous.

(c) The details of the procedure are governed by the Regulations.

Article 48
Delay in Meeting Certain Time Limits

(1) Where any time limit fixed in this Treaty or the Regulations is not met
because of interruption in the mail service or unavoidable loss or delay in
the mail, the time limit shall be deemed to be met in the cases and subject
to the proof and other conditions prescribed in the Regulations.

(2)(a) Any Contracting State shall, as far as that State is concerned,
excuse, for reasons admitted under its national law, any delay in meeting
any time limit.

(b) Any Contracting State may, as far as that State is concerned,
excuse, for reasons other than those referred to in subparagraph (a), any
delay in meeting any time limit.

Article 49
Right to Practice Before International Authorities

Any attorney, patent agent, or other person, having the right to practice
before the national Office with which the international application was
filed, shall be entitled to practice before the International Bureau and
the competent International Searching Authority and competent International
Preliminary Examining Authority in respect of that application.

CHAPTER IV

TECHNICAL SERVICES

Article 50
Patent Information Services

(1) The International Bureau may furnish services by providing technical
and any other pertinent information available to lt on the basis of
published documents, primarily patents and published applications (referred
to in this Article as “the information services”).

(2) The International Bureau may provide these information services either
directly or through one or more International Searching Authorities or
other national or international specialized institutions, with which the
International Bureau may reach agreement.

(3) The information services shall be operated in a way particularly
facilitating the acquisition by Contracting States which are developing
countries of technical knowledge and technology, including available
published know-how.

(4) The information services shall be available to Governments of
Contracting States and their nationals and residents. The Assembly may
decide to make these services available also to others.

(5)(a) Any service to Governments of Contracting States shall be furnished
at cost, provided that, when the Government is that of a Contracting State
which is a developing country, the service shall be furnished below cost.
If the difference can be covered from profit made on services furnished to
others than Governments of Contracting States or from the sources referred
to in Article 51(4).

(b) The cost referred to in subparagraph (a) is to be understood as cost
over and above costs normally incident to the performance of the services
of a national Office or the obligations of an International Searching
Authority.

(6) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the
limits to be fixed by the Assembly, such working groups as the Assembly may
set up for that purpose.

(7) The Assembly shall, when it considers it necessary, recommend methods
of providing financing supplementary to those referred to in paragraph (5).

Article 51
Technical Assistance

(1) The Assembly shall establish a Committee for Technical Assistance
(referred to in this Article as “the Committee”).

(2)(a) The members of the Committee shall be elected among the Contracting
States, with due regard to the representation of developing countries.

(b) The Director General shall, on his own initiative or at the request
of the Committee, invite representatives of intergovernmental organizations
concerned with technical assistance to developing countries to participate
in the work of the Committee.

(3)(a) The task of the Committee shall be to organize and supervise
technical assistance for Contracting States which are developing countries
in developing their patent systems individually or on a regional basis.

(b) The technical assistance shall comprise, among other things, the
training of specialists, the loaning of experts, and the supply of
equipment both for demonstration and for operational purposes.

(4) The International Bureau shall seek to enter into agreements, on the
one hand, with international financing organizations and intergovernmental
organizations, particularly the United Nations, the agencies of the United
Nations, and the Specialized Agencies connected with the United Nations
concerned with technical assistance, and, on the other hand, with the
Governments of the States receiving the technical assistance, for the
financing of projects pursuant to this Article.

(5) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the
limits to be fixed by the Assembly, such working groups as the Assembly may
set up for that purpose.