Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
2003/1 - SZKV 29 53.8 Signature a) Subject to paragraph b), the demand shall be signed by the applicant or, if there is more than one applicant, by all applicants making the demand. b) Where two or more applicants file a demand which elects a State whose national law requires that national applications be filed by the inventor and where an applicant for that elected State who is an inventor refused to sign the demand or could not be found or reached after diligent effort, the demand need not be signed by that applicant („the applicant concerned”) if it is signed by at least one applicant and (i) a statement is furnished explaining, to the satisfaction of the International Preliminary Examining Authority, the lack of signature of the applicant concerned, or (ii) the applicant concerned did not sign the request but the requirements of Rule 4.15 b) were complied with. 53.9 Statement Concerning Amendments a) If amendments under Article 19 have been made, the statement concerning amendments shall indicate whether, for the purposes of the international preliminary examination, the applicant wishes those amendments (i) to be taken into account, in which case a copy of the amendments shall preferably be submitted with the demand, or (ii) to be considered as reversed by an amendment under Article 34. b) If no amendments under Article 19 have been made and the time limit for filing such amendments has not expired, the statement may indicate that the applicant wishes the start of the international preliminary examination to be postponed in accordance with Rule 69.1 d). c) If any amendments under Article 34 are submitted with the demand, the statement shall so indicate. Rule 54 The Applicant Entitled to Make a Demand 54.1 Residence and Nationality a) Subject to the provisions of paragraph b), the residence or nationality of the applicant shall, for the purposes of Article 31(2), be determined according to Rule 18.1 a) and b). b) The International Preliminary Examining Authority shall, in the circumstances specified in the Administrative Instructions, request the receiving Office or, where the international application was filed with the International Bureau as receiving Office, the national Office of, or acting for, the Contracting State concerned to decide the question whether the applicant is a resident or national of the Contracting State of which he claims to be a resident or national. The International Preliminary Examining Authority shall inform the applicant of any such request. The applicant shall have an opportunity to submit arguments directly to the Office concerned. The Office concerned shall decide the said question promptly. 54.2 Right to Make a Demand The right to make a demand under Article 31(2) shall exist if the applicant making the demand or, if there are two or more applicants, at least one of them is a resident or national of a Contracting State bound by Chapter II and the international application has been filed with a receiving Office of or acting for a Contracting State bound by Chapter II. 54.3 International Applications Filed with the International Bureau as Receiving Office Where the international application is filed with the International Bureau as receiving Office under Rule 19.1 a) (Hi), the International Bureau shall, for the purposes of Article 31(2) a), be considered to be acting for the Contracting State of which the applicant is a resident or national. 54.4 Applicant Not Entitled to Make a Demand If the applicant does not have the right to make a demand or, in the case of two or more applicants, if none of them has the right to make a demand under Rule 54.2, the demand shall be considered not to have been submitted. Rule 55 Languages (International Preliminary Examination) 55.1 Language of Demand The demand shall be in the language of the international application or, if the international application has been filed in a language other than the language in which it is published, in the language of publication. However, if a translation of the international application is required under Rule 55.2, the demand shall be in the language of that translation. 55.2 Translation of International Application a) Where neither the language in which the international application is filed nor the language in which the international application is published is accepted by the International Preliminary Examining Authority that is to carry out the international preliminary examination, the applicant shall, subject to paragraph b), furnish with the demand a translation of the international application into a language which is both: (i) a language accepted by that Authority, and (ii) a language of publication. b) Where a translation of the international application into a language referred to in paragraph a) was transmitted to the International Searching Authority under Rule 23.1 b) and the International Preliminary Examining Authority is part of the same national Office or intergovernmental organization as the International Searching Authority, the applicant need not furnish a translation under paragraph a). In such a case, unless the applicant furnishes a translation under paragraph a), the international preliminary examination shall be carried out on the basis of the translation transmitted under Rule 23.1 b). c) If the requirement of paragraph a) is not complied with and paragraph b) does not apply, the International Preliminary Examining Authority shall invite the applicant to furnish the required translation within a time limit which shall be reasonable under the circumstances. That time limit shall not be less than one month from the date of the invitation. It may be extended by the International Preliminary Examining Authority at any time before a decision is taken. d) If the applicant complies with the invitation within the time limit under paragraph c), the said requirement shall be considered to have been complied with. If the applicant fails to do so, the demand shall be considered not to have been submitted and the International Preliminary Examining Authority shall so declare. 55.3 Translation of Amendments a) Where a translation of the international application is required under Rule 55.2, any amendments which are referred to in the statement concerning amendments under Rule 53.9 and which the applicant wishes to be taken into account for the purposes of the international preliminary examination, and any amendments under Article 19 which are to be taken into account under Rule 66.1 c), shall be in the language of that translation. Where such amendments have been or are filed in another language, a translation shall also be furnished. b) Where the required translation of an amendment referred to in paragraph a) is not furnished, the International Preliminary Examining Authority shall invite the applicant to furnish the missing translation within a time limit which shall be reasonable under the circumstances. That time limit shall not be less than one month from the date of the invitation. It may be extended by the International Preliminary Examining Authority at any time before a decision is taken. c) If the applicant fails to comply with the invitation within the time limit under paragraph b), the amendment shall not be taken into account for the purposes of the international preliminary examination.
