Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
20 2003/1 - SZKV 29.2 [Deleted] 29.3 Calling Certain Facts to the Attention of the Receiving Office If the International Bureau or the International Searching Authority considers that the receiving Office should make a finding under Article 14(4), it shall call the relevant facts to the attention of the receiving Office. 29.4 Notification of Intent to Make Declaration Under Article 14(4) Before the receiving Office issues any declaration under Article 14(4), it shall notify the applicant of its intent to issue such declaration and the reasons therefor. The applicant may, if he disagrees with the tentative finding of the receiving Office, submit arguments to that effect within one month from the notification. Rule 30 Time Limit Under Article 14(4) 30.1 Time Limit The time limit referred to in Article 14(4) shall be four months from the international filing date. Rule 31 Copies Required Under Article 13 31.1 Request for Copies a) Requests under Article 13(1) may relate to all, some kinds of, or individual international applications in which the national Office making the request is designated. Requests for all or some kinds of such international applications must be renewed for each year by means of a notification addressed by that Office before November 30 of the preceding year to the International Bureau. b) Requests under Article 13(2)b) shall be subject to the payment of a fee covering the cost of preparing and mailing the copy. 31.2 Preparation of Copies The preparation of copies required under Article 13 shall be the responsibility of the International Bureau. Rule 32 Extension of Effects of International Application to Certain Successor States 32.1 Request for Extension of International Application to Successor State a) The effects of any international application whose international filing date falls in the period defined in paragraph b) may, subject to the performance by the applicant of the acts specified in paragraph c), be extended to a State („the successor State”) whose territory was, before the independence of that State, part of the territory of a Contracting State which subsequently ceased to exist („the predecessor State”), provided that the successor State has become a Contracting State through the deposit, with the Director General, of a declaration of continuation the effect of which is that the Treaty is applied by the successor State. b) The period referred to in paragraph a) starts on the day following the last day of the existence of the predecessor State and ends two months after the date on which the declaration referred to in paragraph a) was notified by the Director General to the Governments of the States party to the Paris Convention for the Protection of Industrial Property. However, where the date of independence of the successor State is earlier than the date of the day following the last day of the existence of the predecessor State, the successor State may declare that the said period starts on the date of its independence; such a declaration shall be made together with the declaration referred to in paragraph a) and shall specify the date of independence. c) In respect of any international application whose filing date falls within the applicable period under paragraph b), the International Bureau shall send the applicant a notification informing him that he may make a request for extension by performing, within three months from the date of that notification, the following acts: (i) filing with the International Bureau the request for extension; (ii) paying to the International Bureau an extension fee in Swiss francs, the amount of which shall be the same as the amount of the designation fee referred to in Rule 15.2 a). d) This Rule shall not apply to the Russian Federation. 32.2 Effects of Extension to Successor State a) Where a request for extension is made in accordance with Rule 32.1, (i) the successor State shall be considered as having been designated in the international application, and (ii) the applicable time limit under Article 22 or 39( 1 ) in relation to that State shall be extended until the expiration of at least three months from the date of the request for extension. b) Where, in the case of a successor State which is bound by Chapter II of the Treaty, the request for extension was made after, but the demand was made before, the expiration of the 19th month from the priority date, and a later election is made of the successor State within three months from the date of the request for extension, the applicable time limit under paragraph a) (ii) shall be at least 30 months from the priority date. c) The successor State may fix time limits which expire later than those provided in paragraphs a) (ii) and b). The International Bureau shall publish information on such time limits in the Gazette. Rule 33 Relevant Prior Art for the International Search 33.1 Relevant Prior Art for the International Search a) For the purposes of Article 15(2), relevant prior art shall consist of everything which has been made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) and which is capable of being of assistance in determining that the claimed invention is or is not new and that it does or does not involve an inventive step (i.e., that it is or is not obvious), provided that the making available to the public occurred prior to the international filing date. b) When any written disclosure refers to an oral disclosure, use, exhibition, or other means whereby the contents of the written disclosure were made available to the public, and such making available to the public occurred on a date prior to the international filing date, the international search report shall separately mention that fact and the date on which it occurred if the making available to the public of the written disclosure occurred on a date which is the same as, or later than, the international filing date. c) Any published application or any patent whose publication date is the same as, or later than, but whose filing date, or, where applicable, claimed priority date, is earlier than the international filing date of the international application searched, and which would constitute relevant prior art for the purposes of Article 15(2) had it been published prior to the international filing date, shall be specially mentioned in the international search report. 33.2 Fields to Be Covered by the International Search a) The international search shall cover all those technical fields, and shall be carried out on the basis of all those search files, which may contain material pertinent to the invention. b) Consequently, not only shall the art in which the invention is classifiable be searched but also analogous arts regardless of where classified. c) The question what arts are, in any given case, to be regarded as analogous shall be considered in the light of what appears to be the necessary essential function or use of the invention and not only the specific functions expressly indicated in the international application.
