Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)

2003-01-01 / 1. szám

2003/1 -SZKV

Rule 12

Language of the International Application and Translation for the Purposes of International Search and International Publication

12.1 Languages Accepted for the Filing of International Applications

a) An international application shall be filed in any language of publication which the receiving Office accepts for that purpose.

b) Each receiving Office shall, for the filing of international applications, accept at least one language which is both:

(i) a language accepted by the International Searching Authority, or, if applicable, by at least one of the International Searching Authorities, competent for the international searching of international applications filed with that receiving Office, and

(ii) a language of publication.

c) Notwithstanding paragraph a), the request shall be filed in any language of publication which the receiving Office accepts for the purposes of this paragraph.

d) Notwithstanding paragraph a), any text matter contained in the sequence listing part of the description referred to in Rule 5.2 a) shall be presented in accordance with the standard provided for in the Administrative Instructions.

12.2 Language of Changes in the International Application

a) Any amendment of the international application shall, subject to Rules 46.3, 55.3 and 66.9, be in the language in which the application is filed.

b) Any rectification under Rule 91.1 of an obvious error in the international application shall be in the language in which the application is filed, provided that:

(i) where a translation of the international application is required under Rule 12.3 a), 12.4 a) or 55.2 a), rectifications referred to in Rule 91. le) (ii) and (Hi) shall be filed in both the language of the application and the language of that translation;

(ii) where a translation of the request is required under Rule 26.3terc), rectifications referred to in Rule 91.1 e) (i) need only be filed in the language of that translation.

c) Any correction under Rule 26 of a defect in the international application shall be in the language in which the international application is filed. Any correction under Rule 26 of a defect in a translation of the international application furnished under Rule 12.3 or

55.2 a), or in a translation of the request furnished under Rule 26.3 tere), shall be in the language of the translation.

12.3 Translation for the Purposes of International Search

a) Where the language in which the international application is filed is not accepted by the International Searching Authority that is to carry out the international search, the applicant shall, within one month from the date of receipt of the international application by the receiving Office, furnish to that Office a translation of the international application into a language which is all of the following:

(i) a language accepted by that Authority, and

(ii) a language of publication, and

(iii) a language accepted by the receiving Office under Rule 12.1 a), unless the international application is filed in a language of publication.

b) Paragraph a) shall not apply to the request nor to any sequence listing part of the description.

c) Where, by the time the receiving Office sends to the applicant the notification under Rule 20.5 c), the applicant has not furnished a translation required under paragraph a), the receiving Office shall, preferably together with that notification, invite the applicant:

(i) to furnish the required translation within the time limit under paragraph a);

(ii) in the event that the required translation is not furnished within the time limit under paragraph a), to furnish it and to pay, where applicable, the late furnishing fee referred to in paragraph e), within one month from the date of the invitation or two months from the date of receipt of the international application by the receiving Office, whichever expires later.

d) Where the receiving Office has sent to the applicant an invitation under paragraph c) and the applicant has not, within the applicable time limit under paragraph c) (ii), furnished the required translation and paid any required late furnishing fee, the international application shall be considered withdrawn and the receiving Office shall so declare. Any translation and any payment received by the receiving Office before that Office makes the declaration under the previous sentence and before the expiration of 15 months from the priority date shall be considered to have been received before the expiration of that time limit.

e) The furnishing of a translation after the expiration of the time limit under paragraph a) may be subjected by the receiving Office to the payment to it, for its own benefit, of a late furnishing fee equal to 50% of the basic fee referred to in item 1 a) of the Schedule of Fees.

12.4 Translation for the Purposes of International Publication

a) Where the language in which the international application is filed is not a language of publication and no translation is required under Rule 12.3 a), the applicant shall, within 14 months from the priority date, furnish to the receiving Office a translation of the international application into any language of publication which the receiving Office accepts for the purposes of this paragraph.

b) Paragraph a) shall not apply to the request nor to any sequence listing part of the description.

c) Where the applicant has not, within the limit referred to in paragraph a), furnished a translation required under that paragraph, the receiving Office shall invite the applicant to furnish the required translation, and to pay, where applicable, the late furnishing fee required under paragraph e), within 16 months from the priority date. Any translation received by the receiving Office before that Office sends the invitation under the previous sentence shall be considered to have been received before the expiration of the time limit under paragraph a).

d) Where the applicant has not, within the time limit under paragraph c), furnished the required translation and paid any required late furnishing fee, the international application shall be considered withdrawn and the receiving Office shall so declare. Any translation and any payment received by the receiving Office before that Office makes the declaration under the previous sentence and before the expiration of 17 months from the priority date shall be considered to have been received before the expiration of that time limit.

e) The furnishing of a translation after the expiration of the time limit under paragraph a) may be subjected by the receiving Office to the payment to it, for its own benefit, of a late furnishing fee equal to 50% of the basic fee referred to in item 1 a) of the Schedule of Fees.

Rule 13

Unity of Invention

13.1 Requirement

The international application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept („requirement of unity of invention”).

13.2 Circumstances in Which the Requirement of Unity of Invention Is to Be Considered Fulfilled

Where a group of inventions is claimed in one and the same international application, the requirement of unity of invention referred to in Rule 13.1 shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression „special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.

13.3 Determination of Unity of Invention Not Affected by Manner of Claiming

The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim.

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