Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
8 2003/1 SZKV (iii) disclose the invention, as claimed, in such terms that the technical problem (even if not expressly stated as such) and its solution can be understood, and state the advantageous effects, if any, of the invention with reference to the background art; (iv) briefly describe the figures in the drawings, if any; (v) set forth at least the best mode contemplated by the applicant for carrying out the invention claimed; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any; where the national law of the designated State does not require the description of the best mode but is satisfied with the description of any mode (whether it is the best contemplated or not), failure to describe the best mode contemplated shall have no effect in that State; (vi) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is capable of exploitation in industry and the way in which it can be made and used, or, if it can only be used, the way in which it can be used; the term „industry” is to be understood in its broadest sense as in the Paris Convention for the Protection of Industrial Property. b) The manner and order specified in paragraph a) shall be followed except when, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more economic presentation. c) Subject to the provisions of paragraph b), each of the parts referred to in paragraph a) shall preferably be preceded by an appropriate heading as suggested in the Administrative Instructions. 5.2 Nucleotide and/or Amino Acid Sequence Disclosure a) Where the international application contains disclosure of one or more nucleotide and/or amino acid sequences, the description shall contain a sequence listing complying with the standard provided for in the Administrative Instructions and presented as a separate part of the description in accordance with that standard. b) Where the sequence listing part of the description contains any free text as defined in the standard provided for in the Administrative Instructions, that free text shall also appear in the main part of the description in the language thereof. Rule 6 The Claims 6.1 Number and Numbering of Claims a) The number of the claims shall be reasonable in consideration of the nature of the invention claimed. b) If there are several claims, they shall be numbered consecutively in Arabic numerals. c) The method of numbering in the case of the amendment of claims shall be governed by the Administrative Instructions. 6.2 References to Other Parts of the International Application a) Claims shall not, except where absolutely necessary, rely, in respect of the technical features of the invention, on references to the description or drawings. In particular, they shall not rely on such references as: „as described in part ... of the description,” or „as illustrated in figure ... of the drawings.” b) Where the international application contains drawings, the technical features mentioned in the claims shall preferably be followed by the reference signs relating to such features. When used, the reference signs shall preferably be placed between parentheses. If inclusion of reference signs does not particularly facilitate quicker understanding of a claim, it should not be made. Reference signs may be removed by a designated Office for the purposes of publication by such Office. 6.3 Manner of Claiming a) The definition of the matter for which protection is sought shall be in terms of the technical features of the invention. b) Whenever appropriate, claims shall contain: (i) a statement indicating those technical features of the invention which are necessary for the definition of the claimed subject matter but which, in combination, are part of the prior art, (ii) a characterizing portion - preceded by the words „characterized in that,” „characterized by,” „wherein the improvement comprises,” or any other words to the same effect - stating concisely the technical features which, in combination with the features stated under (i), it is desired to protect. c) Where the national law of the designated State does not require the manner of claiming provided for in paragraph b), failure to use that manner of claiming shall have no effect in that State provided the manner of claiming actually used satisfies the national law of that State. 6.4 Dependent Claims a) Any claim which includes all the features of one or more other claims (claim in dependent form, hereinafter referred to as „dependent claim”) shall do so by a reference, if possible at the beginning, to the other claim or claims and shall then state the additional features claimed. Any dependent claim which refers to more than one other claim („multiple dependent claim”) shall refer to such claims in the alternative only. Multiple dependent claims shall not serve as a basis for any other multiple dependent claim. Where the national law of the national Office acting as International Searching Authority does not allow multiple dependent claims to be drafted in a manner different from that provided for in the preceding two sentences, failure to use that manner of claiming may result in an indication under Article 17(2) b) in the international search report. Failure to use the said manner of claiming shall have no effect in a designated State if the manner of claiming actually used satisfies the national law of that State. b) Any dependent claim shall be construed as including all the limitations contained in the claim to which it refers or, if the dependent claim is a multiple dependent claim, all the limitations contained in the particular claim in relation to which it is considered. c) All dependent claims referring back to a single previous claim, and all dependent claims referring back to several previous claims, shall be grouped together to the extent and in the most practical way possible. 6.5 Utility Models Any designated State in which the grant of a utility model is sought on the basis of an international application may, instead of Rules 6.1 to 6.4, apply in respect of the matters regulated in those Rules the provisions of its national law concerning utility models once the processing of the international application has started in that State, provided that the applicant shall be allowed at least two months from the expiration of the time limit applicable under Article 22 to adapt his application to the requirements of the said provisions of the national law. Rule 7 The Drawings 7.1 Flow Sheets and Diagrams Flow sheets and diagrams are considered drawings. 7.2 Time Limit The time limit referred to in Article 7(2) (ii) shall be reasonable under the circumstances of the case and shall, in no case, be shorter than two months from the date of the written invitation requiring the filing of drawings or additional drawings under the said provision. Rule 8 The Abstract 8.1 Contents and Form of the Abstract a) The abstract shall consist of the following: (i) a summary of the disclosure as contained in the description, the claims, and any drawings; the summary shall indicate the technical field to which the invention pertains and shall be drafted in a way which allows the clear understanding of the technical problem, the gist of the
