Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
30 2003/1 - SZKV Rule 56 Later Elections 56.1 Elections Submitted Later than the Demand a) The election of States subsequent to the submission of the demand („later election”) shall be effected by a notice submitted to the International Bureau. The notice shall identify the international application and the demand, and shall include an indication as referred to in Rule 53.7 b) (ii). b) Subject to paragraph c), the notice referred to in paragraph a) shall be signed by the applicant for the elected States concerned or, if there is more than one applicant for those States, by all of them. c) Where two or more applicants file a notice effecting a later election of a State whose national law requires that national applications be filed by the inventor and where an applicant for that elected State who is an inventor refused to sign the notice or could not be found or reached after diligent effort, the notice 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 International Bureau, the lack of signature of the applicant concerned, or (ii) the applicant concerned did not sign the request but the requirements of Rule 4.15 b) were complied with, or did not sign the demand but the requirements of Rule 53.8 b) were complied with. d) An applicant for a State elected by a later election need not have been indicated as an applicant in the demand. e) If a notice effecting a later election is submitted after the expiration of 19 months from the priority date, the International Bureau shall notify the applicant that the election does not have the effect provided for under Article 39( 1 ) a) and that the acts referred to in Article 22 must be performed in respect of the elected Office concerned within the time limit applicable under Article 22. f) If, notwithstanding paragraph a), a notice effecting a later election is submitted by the applicant to the International Preliminary Examining Authority rather than the International Bureau, 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. 56.2 Identification of the International Application The international application shall be identified as provided in Rule 53.6. 56.3 Identification of the Demand The demand shall be identified by the date on which it was submitted and by the name of the International Preliminary Examining Authority to which it was submitted. 56.4 Form of Later Elections The notice effecting the later election shall preferably be worded as follows: „In relation to the international application filed with ... on... under No. ... by ... (applicant) (and the demand for international preliminary examination submitted on ... to ...), the undersigned elects the following additional State(s) under Article 31 of the Patent Cooperation Treaty:...” 56.5 Language of Later Elections The later election shall be in the language of the demand. Rule 57 The Handling Fee 57.1 Requirement to Pay Each demand for international preliminary examination shall be subject to the payment of a fee for the benefit of the International Bureau („handling fee”) to be collected by the International Preliminary Examining Authority to which the demand is submitted. 57.2 Amount a) The amount of the handling fee is as set out in the Schedule of Fees. b) [Deleted] c) The handling fee shall be payable in the currency or one of the currencies prescribed by the International Preliminary Examining Authority („prescribed currency”), it being understood that, when transferred by that Authority to the International Bureau, it shall be freely convertible into Swiss currency. The amount of the handling fee shall be established, in each prescribed currency, for each International Preliminary Examining Authority which prescribes the payment of the handling fee in any currency other than Swiss currency, by the Director General after consultation with the Office with which consultation takes place under Rule 15.2 b) in relation to that currency, or, if there is no such Office, with the Authority which prescribes payment in that currency. The amount so established shall be the equivalent, in round figures, of the amount in Swiss currency set out in the Schedule of Fees. It shall be notified by the International Bureau to each International Preliminary Examining Authority prescribing payment in that prescribed currency and shall be published in the Gazette. d) Where the amount of the handling fee set out in the Schedule of Fees is changed, the corresponding amounts in the prescribed currencies shall be applied from the same date as the amount set out in the amended Schedule of Fees. e) Where the exchange rate between Swiss currency and any prescribed currency becomes different from the exchange rate last applied, the Director General shall establish the new amount in the prescribed currency according to directives given by the Assembly. The newly established amount shall become applicable two months after its publication in the Gazette, provided that the interested International Preliminary Examining Authority and the Director General may agree on a date falling during the said two-month period in which case the said amount shall become applicable for that Authority from that date. 57.3 Time Limit for Payment; Amount Payable The handling fee shall be paid within one month from the date on which the demand was submitted, provided that, where the demand was transmitted to the International Preliminary Examining Authority under Rule 59.3, the handling fee shall be paid within one month from the date of receipt by that Authority. The amount payable shall be the amount applicable on that date of submittal or date of receipt, as the case may be. For the purposes of the preceding two sentences, Rule 59.3 e) shall not apply. 57.4 and 57.5 [Deleted] 57.6 Refund The International Preliminary Examining Authority shall refund the handling fee to the applicant: (i) if the demand is withdrawn before the demand has been sent by that Authority to the International Bureau, or (ii) if the demand is considered, under Rule 54.4, not to have been submitted. Rule 58 The Preliminary Examination Fee 58.1 Right to Ask for a Fee a) Each International Preliminary Examining Authority may require that the applicant pay a fee („preliminary examination fee”) for its own benefit for carrying out the international preliminary examination and for performing all other tasks entrusted to International Preliminary Examining Authorities under the Treaty and these Regulations. b) The amount of the preliminary examination fee, if any, shall be fixed by the International Preliminary Examining Authority. As to the time limit for payment of the preliminary examination fee and the amount payable, the provisions of Rule 57.3 relating to the handling fee shall apply mutatis mutandis. c) The preliminary examination fee shall be payable directly to the International Preliminary Examining Authority. Where that Authority is a national Office, it shall be payable in the currency prescribed by that
