Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
24 2003/1 - SZKV Rule 45 Translation of the International Search Report 45.1 Languages International search reports and declarations referred to in Article 17(2) a) shall, when not in English, be translated into English. Rule 46 Amendment of Claims Before the International Bureau 46.1 Time Limit The time limit referred to in Article 19 shall be two months from the date of transmittal of the international search report to the International Bureau and to the applicant by the International Searching Authority or 16 months from the priority date, whichever time limit expires later, provided that any amendment made under Article 19 which is received by the International Bureau after the expiration of the applicable time limit shall be considered to have been received by that Bureau on the last day of that time limit if it reaches it before the technical preparations for international publication have been completed. 46.2 Where to File Amendments made under Article 19 shall be filed directly with the International Bureau. 46.3 Language of Amendments If the international application has been filed in a language other than the language in which it is published, any amendment made under Article 19 shall be in the language of publication. 46.4 Statement a) The statement referred to in Article 19(1) shall be in the language in which the international application is published and shall not exceed 500 words if in the English language or if translated into that language. The statement shall be identified as such by a heading, preferably by using the words „Statement under Article 19(1)” or their equivalent in the language of the statement. b) The statement shall contain no disparaging comments on the international search report or the relevance of citations contained in that report. Reference to citations, relevant to a given claim, contained in the international search report may be made only in connection with an amendment of that claim. 46.5 Form of Amendments The applicant shall be required to submit a replacement sheet for every sheet of the claims which, on account of an amendment or amendments under Article 19, differs from the sheet originally filed. The letter accompanying the replacement sheets shall draw attention to the differences between the replaced sheets and the replacement sheets. To the extent that any amendment results in the cancellation of an entire sheet, that amendment shall be communicated in a letter. Rule 47 Communication to Designated Offices 47.1 Procedure a) The communication provided for in Article 20 shall be effected by the International Bureau. a-bis) The International Bureau shall notify each designated Office, at the time of the communication provided for in Article 20, of the fact and date of receipt of the record copy and of the fact and date of receipt of any priority document. Such notification shall also be sent to any designated Office which has waived the communication provided for in Article 20, unless such Office has also waived the notification of its designation. а-ter) The notification under paragraph а-bis) shall include any declaration referred to in Rule 4.17 (i) to (iv), and any correction thereof under Rule 26ter. 1, which was received by the International Bureau before the expiration of the time limit under Rule 26ter. 1, provided that the designated Office has informed the International Bureau that the applicable national law requires the furnishing of documents or evidence relating to the matter to which the declaration relates. b) Such communication shall be effected promptly after the international publication of the international application and, in any event, by the end of the 19th month after the priority date. Any amendment received by the International Bureau within the time limit under Rule 46.1 which was not included in the communication shall be communicated promptly to the designated Offices by the International Bureau, and the latter shall notify the applicant accordingly. c) The International Bureau shall send a notice to the applicant indicating the designated Offices to which the communication has been effected and the date of such communication. Such notice shall be sent on the same day as the communication. Each designated Office shall be informed, separately from the communication, about the sending and the date of mailing of the notice. The notice shall be accepted by all designated Offices as conclusive evidence that the communication has duly taken place on the date specified in the notice. d) Each designated Office shall, when it so requires, receive the international search reports and the declarations referred to in Article 17(2) a) also in the translation referred to in Rule 45.1. e) Where any designated Office has waived the requirement provided under Article 20, the copies of the documents which otherwise would have been sent to that Office shall, at the request of that Office or the applicant, be sent to the applicant at the time of the notice referred to in paragraph c). 47.2 Copies a) The copies required for communication shall be prepared by the International Bureau. b) They shall be on sheets of A4 size. c) Except to the extent that any designated Office notifies the International Bureau otherwise, copies of the pamphlet under Rule 48 may be used for the purposes of the communication of the international application under Article 20. 47.3 Languages a) The international application communicated under Article 20 shall be in the language in which it is published. b) Where the language in which the international application is published is different from the language in which it was filed, the International Bureau shall furnish to any designated Office, upon the request of that Office, a copy of that application in the language in which it was filed. 47.4 Express Request Under Article 23(2) Where the applicant makes an express request to a designated Office under Article 23(2) before the communication provided for in Article 20 has taken place, the International Bureau shall, upon request of the applicant or the designated Office, promptly effect that communication to that Office. Rule 48 International Publication 48.1 Form a) The international application shall be published in the form of a pamphlet. b) The particulars regarding the form of the pamphlet and the method of reproduction shall be governed by the Administrative Instructions. 48.2 Contents a) The pamphlet shall contain: (i) a standardized front page, (ii) the description, (Hi) the claims, (iv) the drawings, if any,
