Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
2003/1 - SZKV 7 (iii) where the earlier application is a national application, the country party to the Paris Convention for the Protection of Industrial Property or the Member of the World Trade Organization that is not party to that Convention in which it was filed; (iv) where the earlier application is a regional application, the authority entrusted with the granting of regional patents under the applicable regional patent treaty; (v) where the earlier application is an international application, the receiving Office with which it was filed. b) In addition to any indication required under paragraph a) (iv) or (v): (i) where the earlier application is a regional application or an international application, the priority claim may indicate one or more countries party to the Paris Convention for the Protection of Industrial Property for which that earlier application was filed; (ii) where the earlier application is a regional application and at least one of the countries party to the regional patent treaty is neither party to the Paris Convention for the Protection of Industrial Property nor a Member of the World Trade Organization, the priority claim shall indicate at least one country party to that Convention or one Member of that Organization for which that earlier application was filed. c) For the purposes of paragraphs a) and b), Article 2 (vi) shall not apply. d) If, on September 29,1999, paragraphs a) and id as amended with effect from January 1, 2000, are not compatible with the national law applied by a designated Office, those paragraphs as in force until December 31,1999, shall continue to apply after that date in respect of that designated Office for as long as the said paragraphs as amended continue not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by October 31, 1999. The information received shall be promptly published by the International Bureau in the Gazette. 4.11 Reference to Earlier Search If an international or international-type search has been requested on an application under Article 15(5) or if the applicant wishes the International Searching Authority to base the international search report wholly or in part on the results of a search, other than an international or international-type search, made by the national Office or intergovernmental organization which is the International Searching Authority competent for the international application, the request shall contain a reference to that fact. Such reference shall either identify the application (or its translation, as the case may be) in respect of which the earlier search was made by indicating country, date and number, or the said search by indicating, where applicable, date and number of the request for such search. 4.12 Choice of Certain Kinds of Protection a) If the applicant wishes his international application to be treated, in any designated State, as an application not for a patent but for the grant of any of the other kinds of protection specified in Article 43, he shall so indicate in the request. For the purposes of this paragraph, Article 2 (ii) shall not apply. b) In the case provided for in Article 44, the applicant shall indicate the two kinds of protection sought, or, if one of two kinds of protection is primarily sought, he shall indicate which kind is sought primarily and which kind is sought subsidiarily. 4.13 Identification of Parent Application or Parent Grant If the applicant wishes his international application to be treated, in any designated State, as an application for a patent or certificate of addition, inventor’s certificate of addition, or utility certificate of addition, he shall identify the parent application or the parent patent, parent inventor’s certificate, or parent utility certificate to which the patent or certificate of addition, inventor’s certificate of addition, or utility certificate of addition, if granted, relates. For the purposes of this paragraph Article 2 (ii) shall not apply. 4.14 Continuation or Continuation-in-Part If the applicant wishes his international application to be treated, in any designated State, as an application for a continuation or a continuation-in-part of an earlier application, he shall so indicate in the request and shall identify the parent application involved. 4.14bis Choice of International Searching Authority If two or more International Searching Authorities are competent for the searching of the international application, the applicant shall indicate his choice of International Searching Authority in the request. 4.15 Signature a) Subject to paragraph b), the request shall be signed by the applicant or, if there is more than one applicant, by all of them. b) Where two or more applicants file 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 refused to sign the request or could not be found or reached after diligent effort, the request need not be signed by that applicant if it is signed by at least one applicant and a statement is furnished explaining, to the satisfaction of the receiving Office, the lack of the signature concerned. 4.16 Transliteration or Translation of Certain Words a) Where any name or address is written in characters other than those of the Latin alphabet, the same shall also be indicated in characters of the Latin alphabet either as a mere transliteration or through translation into English. The applicant shall decide which words will be merely transliterated and which words will be so translated. b) The name of any country written in characters other than those of the Latin alphabet shall also be indicated in English. 4.17 Declarations Relating to National Requirements Referred to in Rule 51 bis. 1 a) (i) to (v) The request may, for the purposes of the national law applicable in one or more designated States, contain one or more of the following declarations, worded as prescribed by the Administrative Instructions: (i) a declaration as to the identity of the inventor, as referred to in Rule 51 bis. 1 a) (i); (ii) a declaration as to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent, as referred to in Rule 5Ibis. 1 a) (ii); (iii) a declaration as to the applicant’s entitlement, as at the international filing date, to claim priority of the earlier application, as referred to in Rule 51 bis. 1 a) (iii); (iv) a declaration of inventorship, as referred to in Rule 51 bis. 1 a) (iv), which shall be signed as prescribed by the Administrative Instructions; (v) a declaration as to non-prejudicial disclosures or exceptions to lack of novelty, as referred to in Rule 5 Ibis. 1 a) (v). 4.18 Additional Matter a) The request shall contain no matter other than that specified in Rules 4.1 to 4.17, provided that the Administrative Instructions may permit, but cannot make mandatory, the inclusion in the request of any additional matter specified in the Administrative Instructions. b) If the request contains matter other than that specified in Rules 4.1 to 4.17 or permitted under paragraph a) by the Administrative Instructions, the receiving Office shall ex officio delete the additional matter. Rule 5 The Description 5.1 Manner of the Description a) The description shall first state the title of the invention as appearing in the request and shall: (i) specify the technical field to which the invention relates; (ii) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art;
