Confidential Nature of the International
Application
(1) (a) Subject to the provisions of subparagraph (b), the
International Bureau and the International
Searching Authorities shall not allow access by
any person or authority to the international
application before the international
publication of that application, unless
requested or authorized by the applicant.
(b) The provisions of subparagraph (a) shall not apply
to any transmittal to the competent
International Searching Authority, to
transmittals provided for under Article 13, and to
communications provided for under Article 20.
(2) (a) No national Office shall allow
access to the international application by
third parties, unless requested or authorized
by the applicant, before the earliest of the
following dates:
?
(i)
date of the international publication of the
international application,
?
(ii)
date of the receipt of the communication of the
international application under Article 20,
?
(iii)
date of the receipt of a copy of the
international application under Article 22.
(b) The provisions of subparagraph (a) shall not
prevent any national Office from informing
third parties that it has been designated, or
from publishing that fact. Such information or
publication may, however, contain only the
following data: identification of the receiving
Office, name of the applicant, international
filing date, international application number,
and title of the invention.
(c) The provisions of subparagraph (a) shall not
prevent any designated Office from allowing
access to the international application for the
purposes of the judicial authorities.
(3)
The provisions of paragraph
(2)(a) shall apply to any receiving Office
except as far as transmittals provided for under
Article 12(1) are
concerned.
(4)
For the purposes of this Article, the term
"access" covers any means by which third parties
may acquire cognizance, including individual
communication and general publication, provided,
however, that no national Office shall generally
publish an international application or its
translation before the international publication
or, if international publication has not taken
place by the expiration of 20 months from the
priority date, before the expiration of 20 months
from the said priority date.