Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
2003/1 - SZKV 31 Office, and where the Authority is an intergovernmental organization, it shall be payable in the currency of the State in which the intergovernmental organization is located or in any other currency which is freely convertible into the currency of the said State. 58.2 [Deleted] 58.3 Refund The International Preliminary Examining Authorities shall inform the International Bureau of the extent, if any, to which, and the conditions, if any, under which, they will refund any amount paid as a preliminary examination fee where the demand is considered as if it had not been submitted, and the International Bureau shall promptly publish such information. Rule 5&is Extension of Time Limits for Payment of Fees 58bis.l Invitation by the International Preliminary Examining Authority a) Where, by the time they are due under Rules 57.3 and 58.1 b), the International Preliminary Examining Authority finds that no fees were paid to it, or that the amount paid to it is insufficient to cover the handling fee and the preliminary examination fee, the Authority shall invite the applicant to pay to it the amount required to cover those fees, together with, where applicable, the late payment fee under Rule 58bis.2, within a time limit of one month from the date of the invitation. b) Where the International Preliminary Examining Authority has sent an invitation under paragraph a) and the applicant has not, within the time limit referred to in that paragraph, paid in full the amount due, including, where applicable, the late payment fee under Rule 58bis.2, the demand shall, subject to paragraph c), be considered as if it had not been submitted and the International Preliminary Examining Authority shall so declare. c) Any payment received by the International Preliminary Examining Authority before that Authority sends the invitation under paragraph a) shall be considered to have been received before the expiration of the time limit under Rule 57.3 or 58.1 b), as the case may be. d) Any payment received by the International Preliminary Examining Authority before that Authority proceeds under paragraph b) shall be considered to have been received before the expiration of the time limit under paragraph a). 58bis.2 Late Payment Fee a) The payment of fees in response to an invitation under Rule 58bis. 1 a) may be subjected by the International Preliminary Examining Authority to the payment to it, for its own benefit, of a late payment fee. The amount of that fee shall be: (i) 50% of the amount of unpaid fees which is specified in the invitation, or, (ii) if the amount calculated under item (i) is less than the handling fee, an amount equal to the handling fee. b) The amount of the late payment fee shall not, however, exceed double the amount of the handling fee. Rule 59 The Competent International Preliminary Examining Authority 59.1 Demands Under Article 31(2) a) a) For demands made under Article 31(2) a), each receiving Office of or acting for a Contracting State bound by the provisions of Chapter II shall, in accordance with the terms of the applicable agreement referred to in Article 32(2) and (3), inform the International Bureau which International Preliminary Examining Authority is or which International Preliminary Examining Authorities are competent for the international preliminary examination of international applications filed with it. The International Bureau shall promptly publish such information. Where several International Preliminary Examining Authorities are competent, the provisions of Rule 35.2 shall apply mutatis mutandis. b) Where the international application was filed with the International Bureau as receiving Office under Rule 19.1 a) (Hi), Rule 35.3 a) and b) shall apply mutatis mutandis. Paragraph a) of this Rule shall not apply to the International Bureau as receiving Office under Rule 19.1 a) (iii). 59.2 Demands Under Article 31 (2) b) As to demands made under Article 31(2) b), the Assembly, in specifying the International Preliminary Examining Authority competent for international applications filed with a national Office which is an International Preliminary Examining Authority, shall give preference to that Authority; if the national Office is not an International Preliminary Examining Authority, the Assembly shall give preference to the International Preliminary Examining Authority recommended by that Office. 59.3 Transmittal of Demand to the Competent International Preliminary Examining Authority a) If the demand is submitted to a receiving Office, an International Searching Authority, or an International Preliminary Examining Authority which is not competent for the international preliminary examination of the international application, that Office or Authority shall mark the date of receipt on the demand and, unless it decides to proceed under paragraph f), transmit the demand promptly to the International Bureau. b) If the demand is submitted to the International Bureau, the International Bureau shall mark the date of receipt on the demand. c) Where the demand is transmitted to the International Bureau under paragraph a) or submitted to it under paragraph b), the International Bureau shall promptly: (i) if there is only one competent International Preliminary Examining Authority, transmit the demand to that Authority and inform the applicant accordingly, or (ii) if two or more International Preliminary Examining Authorities are competent, invite the applicant to indicate, within 15 days from the date of the invitation or 19 months from the priority date, whichever is later, the competent International Preliminary Examining Authority to which the demand should be transmitted. d) Where an indication is furnished as required under paragraph c) (ii), the International Bureau shall promptly transmit the demand to the competent International Preliminary Examining Authority indicated by the applicant. Where no indication is so furnished, the demand shall be considered not to have been submitted and the International Bureau shall so declare. e) Where the demand is transmitted to a competent International Preliminary Examining Authority under paragraph c), it shall be considered to have been received on behalf of that Authority on the date marked on it under paragraph a) or b), as applicable, and the demand so transmitted shall be considered to have been received by that Authority on that date. f) Where an Office or Authority to which the demand is submitted under paragraph a) decides to transmit that demand directly to the competent International Preliminary Examining Authority, paragraphs c) to e) shall apply mutatis mutandis. Rule 60 Certain Defects in the Demand or Elections 60.1 Defects in the Demand a) If the demand does not comply with the requirements specified in Rules 53.1, 53.2 a) (i) to (iv), 53.2 b), 53.3 to 53.8 and 55.1, the International Preliminary Examining Authority shall invite the applicant to correct the defects within a time limit which shall be reasonable under the circumstances. That time limit shall not be less than one month from the date of the invitation. It may be extended by the International Preliminary Examining Authority at any time before a decision is taken.
