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

2003-01-01 / 1. szám

28

2003/1 - SZKV

unless it may reasonably doubt the veracity of the indications or declaration concerned, require any document or evidence:

(i) relating to the identity of the inventor (Rule 51 bis. 1 a) (i)) (other than a document containing an oath or declaration of inventorship (Rule 51 bis. 1 a) (iv))), if indications concerning the inventor, in accordance with Rule 4.6, are contained in the request;

(ii) relating to the applicant’s entitlement, as at the international filing date, to claim priority of an earlier application (Rule 51 bis. 1 a) (Hi)), if a declaration as to that matter, in accordance with Rule 4.17 (Hi), is contained in the request or is submitted directly to the designated Office;

(iii) containing an oath or declaration ofinventorship (Rule 51bis. 1 a)

(iv)), if a declaration ofinventorship, in accordance with Rule 4.17 (iv), is contained in the request or is submitted directly to the designated Office.

c) If, on March 17, 2000, paragraph a) is not compatible, in relation to any item ofthat paragraph, with the national law applied by the designated Office, paragraph a) shall not apply in respect of that Office in relation to that item for as long as it continues not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by November 30, 2000. The information received shall be promptly published by the International Bureau in the Gazette.

5 Ibis.3 Opportunity to Comply with National Requirements

a) Where any of the requirements referred to in Rule 51 bis. 1 a) (i) to (iv) and c) to e), or any other requirement of the national law applicable by the designated Office which that Office may apply in accordance with Article 27( 1 ) or (2), is not already fulfilled during the same period within which the requirements under Article 22 must be complied with, the designated Office shall invite the applicant to comply with the requirement within a time limit which shall not be less than two months from the date of the invitation. Each designated Office may require that the applicant pay a fee for complying with national requirements in response to the invitation.

b) Where any requirement of the national law applicable by the designated Office which that Office may apply in accordance with Article 27(6) or (7) is not already fulfilled during the same period within which the requirements under Article 22 must be complied with, the applicant shall have an opportunity to comply with the requirement after the expiration of that period.

c) If, on March 17, 2000, paragraph a) is not compatible with the national law applied by the designated Office in relation to the time limit referred to in that paragraph, the said paragraph shall not apply in respect of that Office in relation to that time limit for as long as the said paragraph continues not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by November 30, 2000. The information received shall be promptly published by the International Bureau in the Gazette.

Rule 52

Amendment of the Claims, the Description, and the Drawings, Before Designated Offices

52.1 Time Limit

a) In any designated State in which processing or examination starts without special request, the applicant shall, if he so wishes, exercise the right under Article 28 within one month from the fulfillment of the requirements under Article 22, provided that, if the communication under Rule 47.1 has not been effected by the expiration of the time limit applicable under Article 22, he shall exercise the said right not later than four months after such expiration date. In either case, the applicant may exercise the said right at any other time if so permitted by the national law of the said State.

b) In any designated State in which the national law provides that examination starts only on special request, the time limit within or the time at which the applicant may exercise the right under Article 28 shall be the same as that provided by the national law for the filing of amendments in the case of the examination, on special request, of national applications, provided that such time limit shall not expire prior

to, or such time shall not come before, the expiration of the time limit applicable under paragraph a).

PART C

RULES CONCERNING CHAPTER II OF THE TREATY

Rule 53 The Demand

53.1 Form

a) The demand shall be made on a printed form or be presented as a computer print-out. The particulars of the printed form and of a demand presented as a computer print-out shall be prescribed by the Administrative Instructions.

b) Copies of printed demand forms shall be furnished free of charge by the receiving Office or by the International Preliminary Examining Authority.

53.2 Contents

a) The demand shall contain:

(i) a petition,

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

(iii) indications concerning the international application to which it relates,

(iv) election of States,

(v) where applicable, a statement concerning amendments.

b) The demand shall be signed.

53.3 The Petition

The petition shall be to the following effect and shall preferably be worded as follows: „Demand under Article 31 of the Patent Cooperation Treaty: The undersigned requests that the international application specified below be the subject of international preliminary examination according to the Patent Cooperation Treaty.”

53.4 The Applicant

As to the indications concerning the applicant, Rules 4.4 and 4.16 shall apply, and Rule 4.5 shall apply mutatis mutandis. Only applicants for the elected States are required to be indicated in the demand.

53.5 Agent or Common Representative

If an agent or common representative is appointed, the demand shall so indicate. Rules 4.4 and 4.16 shall apply, and Rule 4.7 shall apply mutatis mutandis.

53.6 Identification of the International Application

The international application shall be identified by the name and address of the applicant, the title of the invention, the international filing date (if known to the applicant) and the international application number or, where such number is not known to the applicant, the name of the receiving Office with which the international application was filed.

53.7 Election of States

a) The demand shall indicate at least one Contracting State, from among those States which are designated and are bound by Chapter II of the Treaty („eligible States”), as an elected State.

b) Election of Contracting States in the demand shall be made:

(i) by an indication that all eligible States are elected, or,

(ii) in the case of States which have been designated for the purpose of obtaining national patents, by an indication of those eligible States that are elected, and, in the case of States which have been designated for the purpose of obtaining a regional patent, by an indication of the regional patent concerned together with either an indication that all eligible States party to the regional patent treaty concerned are elected or an indication of those among the said States that are elected.