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

2003-01-01 / 1. szám

2003/1 -SZKV

43

designation of a State which has been elected shall entail withdrawal of the corresponding election under Rule 90bis.4.

b) Where a State has been designated for the purpose of obtaining both a national patent and a regional patent, withdrawal of the designation of that State shall be taken to mean withdrawal of only the designation for the purpose of obtaining a national patent, except where otherwise indicated.

c) Withdrawal of the designations of all designated States shall be treated as withdrawal of the international application under Rule 90bis. 1.

d) Withdrawal shall be effective on receipt of a notice addressed by the applicant, at his option, to the International Bureau, to the receiving Office or, where Article 39(1) applies, to the International Preliminary Examining Authority.

e) No international publication of the designation shall be effected if the notice of withdrawal sent by the applicant or transmitted by the receiving Office or the International Preliminary Examining Authority reaches the International Bureau before the technical preparations for international publication have been completed.

90bis.3 Withdrawal of Priority Claims

a) The applicant may withdraw a priority claim, made in the international application under Article 8(1), at any time prior to the expiration of 20 months from the priority date or, where Article 39(1) applies, 30 months from the priority date.

b) Where the international application contains more than one priority claim, the applicant may exercise the right provided for in paragraph a) in respect of one or more or all of the priority claims.

c) Withdrawal shall be effective on receipt of a notice addressed by the applicant, at his option, to the International Bureau, to the receiving Office or, where Article 39(1) applies, to the International Preliminary Examining Authority.

d) Where the withdrawal of a priority claim causes a change in the priority date, any time limit which is computed from the original priority date and which has not already expired shall, subject to paragraph e), be computed from the priority date resulting from that change.

e) In the case of the time limit referred to in Article 21 (2) a), the International Bureau may nevertheless proceed with the international publication on the basis of the said time limit as computed from the original priority date if the notice of withdrawal sent by the applicant or transmitted by the receiving Office or the International Preliminary Examining Authority reaches the International Bureau after the completion of the technical preparations for international publication.

90bis.4 Withdrawal of the Demand, or of Elections

a) The applicant may withdraw the demand or any or all elections at any time prior to the expiration of 30 months from the priority date.

b) Withdrawal shall be effective upon receipt of a notice addressed by the applicant to the International Bureau.

c) If the notice of withdrawal is submitted by the applicant to the International Preliminary Examining Authority, that Authority shall mark the date of receipt on the notice and transmit it promptly to the International Bureau. The notice shall be considered to have been submitted to the International Bureau on the date marked.

90bis.5 Signature

a) Any notice of withdrawal referred to in Rules 90bis. 1 to 90bis.4 shall, subject to paragraph b), be signed by the applicant. Where one of the applicants is considered to be the common representative under Rule

90.2 b), such notice shall, subject to paragraph b), require the signature of all the applicants.

b) Where two or more applicants fde an international application which designates a State whose national law requires that national applications be filed by the inventor and where an applicant for that designated State who is an inventor could not be found or reached after diligent effort, a notice of withdrawal referred to in Rules 90bis. 1 to 90bis.4 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 receiving Office, the International Bureau or the International

Preliminary Examining Authority, as the case may be, the lack of signature of the applicant concerned, or

(ii) in the case of a notice of withdrawal referred to in Rule 90bis. 1 b), 90bis.2 d) or 90bis.3 c), the applicant concerned did not sign the request but the requirements of Rule 4.15 b) were complied with, or

(Hi) in the case of a notice of withdrawal referred to in Rule 90bis.4 b), the applicant concerned did not sign the demand but the requirements of Rule 53.8 b) were complied with, or did not sign the later election concerned but the requirements of Rule 56.1 c) were complied with.

90bis.6 Effect of Withdrawal

a) Withdrawal under Rule 90bis of the international application, any designation, any priority claim, the demand or any election shall have no effect in any designated or elected Office where the processing or examination of the international application has already started under Article 23(2) or Article 40(2).

b) Where the international application is withdrawn under Rule 90bis.l, the international processing of the international application shall be discontinued.

c) Where the demand or all elections are withdrawn under Rule 90bis.4, the processing of the international application by the International Preliminary Examining Authority shall be discontinued.

90bis.7 Faculty Under Article 37(4) b)

a) Any Contracting State whose national law provides for what is described in the second part of Article 37(4) b) shall notify the International Bureau in writing.

b) The notification referred to in paragraph a) shall be promptly published by the International Bureau in the Gazette, and shall have effect in respect of international applications filed more than one month after the date of such publication.

Rule 91

Obvious Errors in Documents

91.1 Rectification

a) Subject to paragraphs b) to g-quater), obvious errors in the international application or other papers submitted by the applicant may be rectified.

b) Errors which are due to the fact that something other than what was obviously intended was written in the international application or other paper shall be regarded as obvious errors. The rectification itself shall be obvious in the sense that anyone would immediately realize that nothing else could have been intended than what is offered as rectification.

c) Omissions of entire elements or sheets of the international application, even if clearly resulting from inattention, at the stage, for example, of copying or assembling sheets, shall not be rectifiable.

d) Rectification may be made on the request of the applicant. The authority having discovered what appears to be an obvious error may invite the applicant to present a request for rectification as provided in paragraphs e) to g-quater). Rule 26.4 shall apply mutatis mutandis to the manner in which rectifications shall be requested.

e) No rectification shall be made except with the express authorization:

(i) of the receiving Office if the error is in the request,

(ii) of the International Searching Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority,

(iii) of the International Preliminary Examining Authority if the error is in any part of the international application other than the request or in any paper submitted to that Authority,

(iv) of the International Bureau if the error is in any paper, other than the international application or amendments or corrections to that application, submitted to the International Bureau.

f) Any authority which authorizes or refuses any rectification shall promptly notify the applicant of the authorization or refusal and, in the case of refusal, of the reasons therefore. The authority which authorizes a rectification shall promptly notify the

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