Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
32 2003/1 -SZKV b) If the applicant complies with the invitation within the time limit under paragraph a), the demand shall be considered as if it had been received on the actual filing date, provided that the demand as submitted contained at least one election and permitted the international application to be identified; otherwise, the demand shall be considered as if it had been received on the date on which the International Preliminary Examining Authority receives the correction. c) Subject to paragraph d), if the applicant does not comply with the invitation within the time limit under paragraph a), the demand shall be considered as if it had not been submitted and the International Preliminary Examining Authority shall so declare. d) Where, after the expiration of the time limit under paragraph a), a signature required under Rule 53.8 or a prescribed indication is lacking in respect of an applicant for a certain elected State, the election of that State shall be considered as if it had not been made. e) If the defect is noticed by the International Bureau, it shall bring the defect to the attention of the International Preliminary Examining Authority, which shall then proceed as provided in paragraphs a) to d). f) If the demand does not contain a statement concerning amendments, the International Preliminary Examining Authority shall proceed as provided for in Rules 66.1 and 69.1 a) or b). g) Where the statement concerning amendments contains an indication that amendments under Article 34 are submitted with the demand (Rule 53.9 c)) but no such amendments are, in fact, submitted, the International Preliminary Examining Authority shall invite the applicant to submit the amendments within a time limit fixed in the invitation and shall proceed as provided for in Rule 69.1 e). 60.2 Defects in Later Elections a) If the notice effecting a later election does not comply with the requirements of Rule 56, the International Bureau shall invite the applicant to correct the defects 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 Bureau at any time before a decision is taken. b) If the applicant complies with the invitation within the time limit under paragraph a), the notice shall be considered as ifit had been received on the actual filing date, provided that the notice as submitted contained at least one election and permitted the international application to be identified; otherwise, the notice shall be considered as if it had been received on the date on which the International Bureau receives the correction. c) Subject to paragraph d), if the applicant does not comply with the invitation within the time limit under paragraph a), the notice shall be considered as if it had not been submitted and the International Bureau shall so declare. d) Where, in respect of an applicant for a certain elected State, the signature required under Rule 56.1 b) and c) or the name or address is lacking after the expiration of the time limit under paragraph a), the later election of that State shall be considered as if it had not been made. Rule 61 Notification of the Demand and Elections 61.1 Notification to the International Bureau and the Applicant a) The International Preliminary Examining Authority shall indicate on the demand the date of receipt or, where applicable, the date referred to in Rule 60.1 b). The International Preliminary Examining Authority shall promptly either send the demand to the International Bureau and keep a copy in its files or send a copy to the International Bureau and keep the demand in its files. b) The International Preliminary Examining Authority shall promptly notify the applicant of the date of receipt of the demand. Where the demand has been considered under Rules 54.4, 55.2 d), 58bis. 1 b) or 60.1 c) as if it had not been submitted or where an election has been considered under Rule 60.1 d) as if it had not been made, the International Preliminary Examining Authority shall notify the applicant and the International Bureau accordingly. c) The International Bureau shall promptly notify the applicant of the receipt, and the date of receipt, of any notice effecting a later election. That date shall be the actual date of receipt by the International Bureau or, where applicable, the date referred to in Rule 56.1 f) or 60.2 b). Where the notice has been considered under Rule 60.2 c) as if it had not been submitted or where a later election has been considered under Rule 60.2 d) as if it had not been made, the International Bureau shall notify the applicant accordingly. 61.2 Notification to the Elected Offices a) The notification provided for in Article 31 (7) shall be effected by the International Bureau. b) The notification shall indicate the number and filing date of the international application, the name of the applicant, the filing date of the application whose priority is claimed (where priority is claimed), the date of receipt by the International Preliminary Examining Authority of the demand, and - in the case of a later election - the date of receipt of the notice effecting the later election. The latter date shall be the actual date of receipt by the International Bureau or, where applicable, the date referred to in Rule 56.1 fi or 60.2 b). c) The notification shall be sent to the elected Office together with the communication provided for in Article 20. Elections effected after such communication shall be notified promptly after they have been made. d) Where the applicant makes an express request to an elected Office under Article 40(2) before the communication provided for in Article 20 has taken place, the International Bureau shall, upon request of the applicant or the elected Office, promptly effect that communication to that Office. 61.3 Information for the Applicant The International Bureau shall inform the applicant in writing of the notification referred to in Rule 61.2 and of the elected Offices notified under Article 31(7). 61.4 Publication in the Gazette Where a demand has been filed before the expiration of 19 months from the priority date, the International Bureau shall, promptly after the filing of the demand but not before the international publication of the international application, publish in the Gazette information on the demand and the elected States concerned, as provided in the Administrative Instructions. Rule 62 Copy of Amendments Under Article 19 for the International Preliminary Examining Authority 62.1 Amendments Made Before the Demand Is Filed Upon receipt of a demand, or a copy thereof, from the International Preliminary Examining Authority, the International Bureau shall promptly transmit a copy of any amendments under Article 19, and any statement referred to in that Article, to that Authority, unless that Authority has indicated that it has already received such a copy. 62.2 Amendments Made After the Demand Is Filed If, at the time of filing any amendments under Article 19, a demand has already been submitted, the applicant shall preferably, at the same time as he files the amendments with the International Bureau, also file with the International Preliminary Examining Authority a copy of such amendments and any statement referred to in that Article. In any case, the International Bureau shall promptly transmit a copy of such amendments and statement to that Authority. Rule 63 Minimum Requirements for International Preliminary Examining Authorities 63.1 Definition of Minimum Requirements The minimum requirements referred to in Article 32(3) shall be the following:
