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

2003-01-01 / 1. szám

6

2003/1 - SZKV

(ii) the title of the invention,

(iii) indications concerning the applicant and the agent, if there is an agent,

(iv) the designation of States,

(v) indications concerning the inventor where the national law of at least one of the designated States requires that the name of the inventor be furnished at the time of filing a national application.

b) The request shall, where applicable, contain:

(i) a priority claim,

(ii) a reference to any earlier international, international-type or other search,

(iii) choices of certain kinds of protection,

(iv) an indication that the applicant wishes to obtain a regional patent,

(v) a reference to a parent application or parent patent,

(vi) an indication of the applicant’s choice of competent International Searching Authority.

c) The request may contain:

(i) indications concerning the inventor where the national law of none of the designated States requires that the name of the inventor be furnished at the time of filing a national application,

(ii) a request to the receiving Office to prepare and transmit the priority document to the International Bureau where the application whose priority is claimed was filed with the national Office or intergovernmental authority which is the receiving Office,

(iii) declarations as provided in Rule 4.17.

d) The request shall be signed.

4.2 The Petition

The petition shall be to the following effect and shall preferably be worded as follows: „The undersigned requests that the present international application be processed according to the Patent Cooperation Treaty.”

4.3 Title of the Invention

The title of the invention shall be short (preferably from two to seven words when in English or translated into English) and precise.

4.4 Names and Addresses

a) Names of natural persons shall be indicated by the person’s family name and given name(s), the family name being indicated before the given name(s).

b) Names of legal entities shall be indicated by their full, official designations.

c) Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units up to, and including, the house number, if any. Where the national law of the designated State does not require the indication of the house number, failure to indicate such number shall have no effect in that State. In order to allow rapid communication with the applicant, it is recommended to indicate any teleprinter address, telephone and facsimile machine numbers, or corresponding data for other like means of communication, of the applicant or, where applicable, the agent or the common representative.

d) For each applicant, inventor, or agent, only one address may be indicated, except that, if no agent has been appointed to represent the applicant, or all of them if more than one, the applicant or, if there is more than one applicant, the common representative, may indicate, in addition to any other address given in the request, an address to which notifications shall be sent.

4.5 The Applicant

a) The request shall indicate the name, address, nationality and residence of the applicant or, if there are several applicants, of each of them.

b) The applicant’s nationality shall be indicated by the name of the State of which he is a national.

c) The applicant’s residence shall be indicated by the name of the State of which he is a resident.

d) The request may, for different designated States, indicate different applicants. In such a case, the request shall indicate the applicant or applicants for each designated State or group of designated States.

e) Where the applicant is registered with the national Office that is acting as receiving Office, the request may indicate the number or other indication under which the applicant is so registered.

4.6 The Inventor

a) Where Rule 4.1 a) (v) or c) (i) applies, the request shall indicate the name and address of the inventor or, if there are several inventors, of each of them.

b) If the applicant is the inventor, the request, in lieu of the indication under paragraph a), shall contain a statement to that effect.

c) The request may, for different designated States, indicate different persons as inventors where, in this respect, the requirements of the national laws of the designated States are not the same. In such a case, the request shall contain a separate statement for each designated State or group of States in which a particular person, or the same person, is to be considered the inventor, or in which particular persons, or the same persons, are to be considered the inventors.

4.7 The Agent

a) If an agent is appointed, the request shall so indicate, and shall state the agent’s name and address.

b) Where the agent is registered with the national Office that is acting as receiving Office, the request may indicate the number or other indication under which the agent is so registered.

4.8 Common Representative

If a common representative is appointed, the request shall so indicate.

4.9 Designation of States

a) Contracting States shall be designated in the request:

(i) in the case of designations for the purpose of obtaining national patents, by an indication of each State concerned;

(ii) in the case of designations for the purpose of obtaining a regional patent, by an indication that a regional patent is desired either for all Contracting States which are party to the regional patent treaty concerned or only for such Contracting States as are specified.

b) The request may contain an indication that all designations which would be permitted under the Treaty, other than those made under paragraph a), are also made, provided that:

(i) at least one Contracting State is designated under paragraph a), and

(ii) the request also contains a statement that any designation made under this paragraph is subject to confirmation as provided in paragraph

c) and that any designation which is not so confirmed before the expiration of 15 months from the priority date is to be regarded as withdrawn by the applicant at the expiration of that time limit.

c) The confirmation of any designation made under paragraph b) shall be effected by

(i) filing with the receiving Office a written notice containing an indication as referred to in paragraph a) (i) or (ii), and

(ii) paying to the receiving Office the designation fee and the confirmation fee referred to in Rule 15.5

within the time limit under paragraph b) (ii).

4.10 Priority Claim

a) Any declaration referred to in Article 8( 1 ) („priority claim”) may claim the priority of one or more earlier applications filed either in or for any country party to the Paris Convention for the Protection of Industrial Property or in or for any Member of the World Trade Organization that is not party to that Convention. Any priority claim shall, subject to Rule 26bis.l, be made in the request; it shall consist of a statement to the effect that the priority of an earlier application is claimed and shall indicate:

(i) the date on which the earlier application was filed, being a date falling within the period of 12 months preceding the international filing date;

(ii) the number of the earlier application;