Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
2003/1 - SZKV 17 (ii) notify the International Bureau that the number it has marked on the papers will not be used as an international application number, (iii) keep the papers constituting the purported international application and any correspondence relating thereto as provided in Rule 93.1, and (iv) send a copy of the said papers to the International Bureau where, pursuant to a request by the applicant under Article 25( 1 ), the International Bureau needs such a copy and specially asks for it. 20.8 Error by the Receiving Office If the receiving Office later discovers, or on the basis of the applicant’s reply realizes, that it has erred in issuing an invitation to correct since the requirements provided for under Article 11(1) were fulfilled when the papers were received, it shall proceed as provided in Rule 20.5. 20.9 Certified Copy for the Applicant Against payment of a fee, the receiving Office shall furnish to the applicant, on request, certified copies of the international application as filed and of any corrections thereto. Rule 21 Preparation of Copies 21.1 Responsibility of the Receiving Office a) Where the international application is required to be filed in one copy, the receiving Office shall be responsible for preparing the home copy and the search copy required under Article 12(1). b) Where the international application is required to be filed in two copies, the receiving Office shall be responsible for preparing the home copy. c) If the international application is filed in less than the number of copies required under Rule 11.1 b), the receiving Office shall be responsible for the prompt preparation of the number of copies required, and shall have the right to fix a fee for performing that task and to collect such fee from the applicant. Rule 22 Transmittal of the Record Copy and Translation 22.1 Procedure a) If the determination under Article 11(1) is positive, and unless prescriptions concerning national security prevent the international application from being treated as such, the receiving Office shall transmit the record copy to the International Bureau. Such transmittal shall be effected promptly after receipt of the international application or, if a check to preserve national security must be performed, as soon as the necessary clearance has been obtained. In any case, the receiving Office shall transmit the record copy in time for it to reach the International Bureau by the expiration of the 13 th month from the priority date. If the transmittal is effected by mail, the receiving Office shall mail the record copy not later than five days prior to the expiration of the 13th month from the priority date. b) If the International Bureau has received a copy of the notification under Rule 20.5 c) but is not, by the expiration of 13 months from the priority date, in possession of the record copy, it shall remind the receiving Office that it should transmit the record copy to the International Bureau promptly. c) If the International Bureau has received a copy of the notification under Rule 20.5 c) but is not, by the expiration of 14 months from the priority date, in possession of the record copy, it shall notify the applicant and the receiving Office accordingly. d) Affér the expiration of 14 months from the priority date, the applicant may request the receiving Office to certify a copy of his international application as being identical with the international application as filed and may transmit such certified copy to the International Bureau. e) Any certification under paragraph d) shall be free of charge and may be refused only on any of the following grounds: (i) the copy which the receiving Office has been requested to certify is not identical with the international application as filed; (ii) prescriptions concerning national security prevent the international application from being treated as such; (Hi) the receiving Office has already transmitted the record copy to the International Bureau and that Bureau has informed the receiving Office that it has received the record copy. f) Unless the International Bureau has received the record copy, or until it receives the record copy, the copy certified under paragraph e) and received by the International Bureau shall be considered to be the record copy. g) If, by the expiration of the time limit applicable under Article 22, the applicant has performed the acts referred to in that Article but the designated Office has not been informed by the International Bureau of the receipt of the record copy, the designated Office shall inform the International Bureau. If the International Bureau is not in possession of the record copy, it shall promptly notify the applicant and the receiving Office unless it has already notified them under paragraph c). h) Where the international application is to be published in the language of a translation furnished under Rule 12.3 or 12.4, that translation shall be transmitted by the receiving Office to the International Bureau together with the record copy under paragraph a) or, if the receiving Office has already transmitted the record copy to the International Bureau under that paragraph, promptly after receipt of the translation. 22.2 [Deleted] 22.3 Time Limit Under Article 12(3) The time limit referred to in Article 12(3) shall be three months from the date of the notification sent by the International Bureau to the applicant under Rule 22.1 c) or g). Rule 23 Transmittal of the Search Copy, Translation and Sequence Listing 23.1 Procedure a) Where no translation of the international application is required under Rule 12.3 a), the search copy shall be transmitted by the receiving Office to the International Searching Authority at the latest on the same day as the record copy is transmitted to the International Bureau unless no search fee has been paid. In the latter case, it shall be transmitted promptly after payment of the search fee. b) Where a translation of the international application is furnished under Rule 12.3, a copy of that translation and of the request, which together shall be considered to be the search copy under Article 12(1), shall be transmitted by the receiving Office to the International Searching Authority, unless no search fee has been paid. In the latter case, a copy of the said translation and of the request shall be transmitted promptly after payment of the search fee. c) Any sequence listing in computer readable form which is furnished to the receiving Office shall be transmitted by that Office to the International Searching Authority. Rule 24 Receipt of the Record Copy by the International Bureau 24.1 [Deleted] 24.2 Notification of Receipt of the Record Copy a) The International Bureau shall promptly notify: (i) the applicant, (ii) the receiving Office, and (iii) the International Searching Authority (unless it has informed the International Bureau that it wishes not to be so notified), of the fact and the date of receipt of the record copy. The notification shall identify the international application by its number, the international filing date and the name of the applicant, and shall indicate the filing date of any
