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

2003-01-01 / 1. szám

2003/1 -SZKV

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71.2 Copies of Cited Documents

a) The request under Article 36(4) may be presented any time during seven years from the international filing date of the international application to which the report relates.

b) The International Preliminary Examining Authority may require that the party (applicant or elected Office) presenting the request pay to it the cost of preparing and mailing the copies. The level of the cost of preparing copies shall be provided for in the agreements referred to in Article 32(2) between the International Preliminary Examining Authorities and the International Bureau.

c) [Deleted]

d) Any International Preliminary Examining Authority may perform the obligations referred to in paragraphs a) and b) through another agency responsible to it.

Rule 72

Translation of the

International Preliminary Examination Report

72.1 Languages

a) Any elected State may require that the international preliminary examination report, established in any language other than the official language, or one of the official languages, of its national Office, be translated into English.

b) Any such requirement shall be notified to the International Bureau, which shall promptly publish it in the Gazette.

72.2 Copy of Translation for the Applicant

The International Bureau shall transmit a copy of the translation referred to in Rule 72.1 a) of the international preliminary examination report to the applicant at the same time as it communicates such translation to the interested elected Office or Offices.

72.3 Observations on the Translation

The applicant may make written observations on what, in his opinion, are errors of translation in the translation of the international preliminary examination report and shall send a copy of any such observations to each of the interested elected Offices and a copy to the International Bureau.

Rule 73

Communication of the

International Preliminary Examination Report

73.1 Preparation of Copies

The International Bureau shall prepare the copies of the documents to be communicated under Article 36(3) a).

73.2 Time Limit for Communication

The communication provided for in Article 36(3) a) shall be effected as promptly as possible but not earlier than the communication under Article 20.

Rule 74

Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof

74.1 Contents of Translation and Time Limit for Transmittal Thereof

a) Where the furnishing of a translation of the international application is required by the elected Office under Article 39(1), the applicant shall, within the time limit applicable under Article 39(1), transmit a translation of any replacement sheet referred to in Rule 70.16 which is annexed to the international preliminary examination report, unless such sheet is in the language of the required translation of the international application. The same time limit shall apply where the furnishing of a translation of the international application

to the elected Office must, because of a declaration made under Article 64(2) a) (i), be effected within the time limit applicable under Article 22.

b) Where the furnishing under Article 39(1) of a translation of the international application is not required by the elected Office, that Office may require the applicant to furnish, within the time limit applicable under that Article, a translation into the language in which the international application was published of any replacement sheet referred to in Rule 70.16 which is annexed to the international preliminary examination report and is not in that language.

Rule 75 [Deleted]

Rule 76

Copy, Translation and Fee Under Article 39(1);

Translation of Priority Document

76.1,76.2 and 76.3 [Deleted]

76.4 Time Limit for Translation of Priority Document

The applicant shall not be required to furnish to any elected Office a translation of the priority document before the expiration of the applicable time limit under Article 39.

76.5 Application of Rules 22.1 g), 49 and 51 bis

Rules 22.1 g), 49 and 5Ibis shall apply, provided that:

(i) any reference in the said Rules to the designated Office or to the designated State shall be construed as a reference to the elected Office or to the elected State, respectively;

(ii) any reference in the said Rules to Article 22 or Article 24(2) shall be construed as a reference to Article 39(1) or Article 39(3), respectively;

(Hi) the words „international applications filed” in Rule 49.1 c) shall be replaced by the words „a demand submitted;”

(iv) for the purposes of Article 39(1), where an international preliminary examination report has been established, a translation of any amendment under Article 19 shall only be required if that amendment is annexed to that report.

76.6 Transitional Provision

If, on July 12, 1991, Rule 76.5 (iv) is not compatible with the national law applied by the elected Office in respect of claims amended under Article 19, Rule 76.5 (iv) shall not apply in that respect to that elected Office for as long as it continues not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by December 31, 1991. The information received shall be promptly published by the International Bureau in the Gazette.

Rule 77

Faculty Under Article 39(1) b)

77.1 Exercise of Faculty

a) Any Contracting State allowing a time limit expiring later than the time limit provided for in Article 39(1) a) shall notify the International Bureau of the time limit 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 demands submitted 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 demands pending at the time or submitted after the date of such publication, or, if the Contracting State effecting the notification fixes some later date, as from the latter date.

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