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

2003-01-01 / 1. szám

2003/1 - SZKV

27

d) The national law applicable by the designated Office may require:

(i) that a fee be paid in respect of a request under paragraph a);

(ii) that a declaration or other evidence in support of the reasons referred to in paragraph a) be filed.

e) The designated Office shall not refuse a request under paragraph

a) without giving the applicant the opportunity to make observations on the intended refusal within a time limit which shall be reasonable under the circumstances.

j) If, on October 1, 2002, paragraphs a) to e) are not compatible with the national law applied by the designated Office, those paragraphs shall not apply in respect of that designated Office for as long as they continue not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by January 1,2003. The information received shall be promptly published by the International Bureau in the Gazette.

Rule 50

Faculty Under Article 22(3)

50.1 Exercise of Faculty

a) Any Contracting State allowing a time limit expiring later than the time limits provided for in Article 22(1) or (2) shall notify the International Bureau of the time limits so fixed.

b) Any notification received by the International Bureau under paragraph a) shall be promptly published by the International Bureau in the Gazette.

c) Notifications concerning the shortening of the previously fixed time limit shall be effective in relation to international applications filed after the expiration of three months computed from the date on which the notification was published by the International Bureau.

d) Notifications concerning the lengthening of the previously fixed time limit shall become effective upon publication by the International Bureau in the Gazette in respect of international applications pending at the time or filed after the date of such publication, or, if the Contracting State effecting the notification fixes some later date, as from the latter date.

Rule 51

Review by Designated Offices

51.1 Time Limit for Presenting the Request to Send Copies

The time limit referred to in Article 25(1) c) shall be two months computed from the date of the notification sent to the applicant under Rules 20.7 (i), 24.2 c), 29.1 a) (ii), or 29.1 b).

51.2 Copy of the Notice

Where the applicant, after having received a negative determination under Article 11(1), requests the International Bureau, under Article 25(1), to send copies of the file of the purported international application to any of the named Offices he has attempted to designate, he shall attach to his request a copy of the notice referred to in Rule 20.7 (i).

51.3 Time Limit for Paying National Fee and Furnishing Translation

The time limit referred to in Article 25(2) a) shall expire at the same time as the time limit prescribed in Rule 51.1.

Rule 5lbis

Certain National Requirements Allowed Under Article 27

51 bis. 1 Certain National Requirements Allowed

a) Subject to Rule 5Ibis.2, the national law applicable by the designated Office may, in accordance with Article 27, require the applicant to furnish, in particular:

(i) any document relating to the identity of the inventor,

(ii) any document relating to the applicant’s entitlement to apply for or be granted a patent,

(Hi) any document containing any proof of the applicant’s entitlement to claim priority of an earlier application where the applicant is not the applicant who filed the earlier application or where the applicant’s name has changed since the date on which the earlier application was filed,

(iv) where the international application designates a State whose national law requires that national applications be filed by the inventor, any document containing an oath or declaration of inventorship,

(v) any evidence concerning non-prejudicial disclosures or exceptions to lack of novelty, such as disclosures resulting from abuse, disclosures at certain exhibitions and disclosures by the applicant during a certain period of time.

b) The national law applicable by the designated Office may, in accordance with Article 27(7), require that

(i) the applicant be represented by an agent having the right to represent applicants before that Office and/or have an address in the designated State for the purpose of receiving notifications,

(ii) the agent, if any, representing the applicant be duly appointed by the applicant.

c) The national law applicable by the designated Office may, in accordance with Article 27( 1 ), require that the international application, the translation thereof or any document relating thereto be furnished in more than one copy.

d) The national law applicable by the designated Office may, in accordance with Article 27(2) (ii), require that the translation of the international application furnished by the applicant under Article 22 be:

(i) verified by the applicant or the person having translated the international application in a statement to the effect that, to the best of his knowledge, the translation is complete and faithful;

(ii) certified by a public authority or sworn translator, but only where the designated Office may reasonably doubt the accuracy of the translation.

e) The national law applicable by the designated Office may, in accordance with Article 27, require the applicant to furnish a translation of the priority document, provided that such a translation may only be required where the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable.

J) If, on March 17, 2000, the proviso in paragraph e) is not compatible with the national law applied by the designated Office, that proviso shall not apply in respect of that Office for as long as that proviso continues not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by November 30, 2000. The information received shall be promptly published by the International Bureau in the Gazette.

5Ibis.2 Certain Circumstances in Which Documents or Evidence May Not Be Required

a) Where the applicable national law does not require that national applications be filed by the inventor, the designated Office shall not, unless it may reasonably doubt the veracity of the indications or declaration concerned, require any document or evidence:

(i) relating to the identity of the inventor (Rule 5 Ibis. 1 a) (i)), if indications concerning the inventor, in accordance with Rule 4.6, are contained in the request or if a declaration as to the identity of the inventor, in accordance with Rule 4.17 (i), is contained in the request or is submitted directly to the designated Office;

(ii) relating to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent (Rule 5 Ibis. 1 a) (ii)), if a declaration as to that matter, in accordance with Rule 4.17 (ii), is contained in the request or is submitted directly to the designated Office;

(iii) relating to the applicant’s entitlement, as at the international filing date, to claim priority of an earlier application (Rule 5 Ibis. 1 a) (Hi)), if a declaration as to that matter, in accordance with Rule 4.17 (iii), is contained in the request or is submitted directly to the designated Office.

b) Where the applicable national law requires that national applications be filed by the inventor, the designated Office shall not,