69xx在线_Rule 4 of the Regulations under the PCT

WIPO

INTERNATIONAL TREATIES

Regulations under the PCT

WOPCR

11/116

Rule 4

The Request (Contents)

4.1 ?i>Mandatory and Optional Contents; Signature

(a)

The request shall contain:

(i)

a petition,

(ii)

the title of the invention,

(iii)

indications concerning the applicant and the agent, if there is an agent,

(iv)

the designation of States,

(v)

indications concerning the inventor where the national law of at least one of the designated States requires that the name of the inventor be furnished at the time of filing a national application.

(b)

The request shall, where applicable, contain:

(i)

a priority claim,

(ii)

a reference to any earlier international, international-type or other search,

(iii)

choices of certain kinds of protection,

(iv)

an indication that the applicant wishes to obtain a regional patent,

(v)

a reference to a parent application or parent patent,

(vi)

an indication of the applicant's choice of competent International Searching Authority.

(c)

The request may contain:

(i)

indications concerning the inventor where the national law of none of the designated States requires that the name of the inventor be furnished at the time of filing a national application,

(ii)

a request to the receiving Office to prepare and transmit the priority document to the International Bureau where the application whose priority is claimed was filed with the national Office or intergovernmental authority which is the receiving Office.

(iii)

declarations as provided in Rule 4.17

(d)

The request shall be signed.

4.2 ?i>The Petition

The petition shall be to the following effect and shall preferably be worded as follows: "The undersigned requests that the present international application be processed according to the Patent Cooperation Treaty."

4.3 ?i>Title of the Invention

The title of the invention shall be short (preferably from two to seven words when in English or translated into English) and precise.

4.4 ?i>Names and Addresses

(a)

Names of natural persons shall be indicated by the person's family name and given name(s), the family name being indicated before the given name(s).

(b)

Names of legal entities shall be indicated by their full, official designations.

(c)

Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units up to, and including, the house number, if any. Where the national law of the designated State does not require the indication of the house number, failure to indicate such number shall have no effect in that State. In order to allow rapid communication with the applicant, it is recommended to indicate any teleprinter address, telephone and facsimile machine numbers, or corresponding data for other like means of communication, of the applicant or, where applicable, the agent or the common representative.

(d)

For each applicant, inventor, or agent, only one address may be indicated, except that, if no agent has been appointed to represent the applicant, or all of them if more than one, the applicant or, if there is more than one applicant, the common representative, may indicate, in addition to any other address given in the request, an address to which notifications shall be sent.

4.5 ?i>The Applicant

(a)

The request shall indicate the name, address, nationality and residence of the applicant or, if there are several applicants, of each of them.

(b)

The applicant's nationality shall be indicated by the name of the State of which he is a national.

(c)

The applicant's residence shall be indicated by the name of the State of which he is a resident.

(d)

The request may, for different designated States, indicate different applicants. In such a case, the request shall indicate the applicant or applicants for each designated State or group of designated States.

(e)

Where the applicant is registered with the national Office that is acting as receiving Office, the request may indicate the number or other indication under which the applicant is so registered.

4.6 ?i>The Inventor

(a)

Where Rule 4.1(a)(v) or (c)(i) applies, the request shall indicate the name and address of the inventor or, if there are several inventors, of each of them.

(b)

If the applicant is the inventor, the request, in lieu of the indication under paragraph (a), shall contain a statement to that effect.

(c)

The request may, for different designated States, indicate different persons as inventors where, in this respect, the requirements of the national laws of the designated States are not the same. In such a case, the request shall contain a separate statement for each designated State or group of States in which a particular person, or the same person, is to be considered the inventor, or in which particular persons, or the same persons, are to be considered the inventors.

4.7 ?i>The Agent

(a)

If an agent is appointed, the request shall so indicate, and shall state the agent’s name and address.

(b)

Where the agent is registered with the national Office that is acting as receiving Office, the request may indicate the number or other indication under which the agent is so registered.

4.8 ?i>Common Representative

I(y¨ªng)f a common representative is appointed, the request shall so indicate.

4.9 ?i>Designation of States

(a)

Contracting States shall be designated in the request:

(i)

in the case of designations for the purpose of obtaining national patents, by an indication of each State concerned;

(ii)

in the case of designations for the purpose of obtaining a regional patent, by an indication that a regional patent is desired either for all Contracting States which are party to the regional patent treaty concerned or only for such Contracting States as are specified.

(b)

The request may contain an indication that all designations which would be permitted under the Treaty, other than those made under paragraph (a), are also made, provided that:

(i)

at least one Contracting State is designated under paragraph (a), and

(ii)

the request also contains a statement that any designation made under this paragraph is subject to confirmation as provided in paragraph (c) and that any designation which is not so confirmed before the expiration of 15 months from the priority date is to be regarded as withdrawn by the applicant at the expiration of that time limit.

(c)

The confirmation of any designation made under paragraph (b) shall be effected by

(i)

filing with the receiving Office a written notice containing an indication as referred to in paragraph (a)(i) or (ii), and

(ii)

paying to the receiving Office the designation fee and the confirmation fee referred to in Rule 15.5

within the time limit under paragraph (b)(ii).

4.10 ?i>Priority Claim⁽ⁱⁱⁱ⁾

(a)

Any declaration referred to in Article 8(1) ("priority claim") may claim the priority of one or more earlier applications filed either in or for any country party to the Paris Convention for the Protection of Industrial Property or in or for any Member of the World Trade Organization that is not party to that Convention. Any priority claim shall, subject to Rule 26bis.1, be made in the request; it shall consist of a statement to the effect that the priority of an earlier application is claimed and shall indicate:

(i)

the date on which the earlier application was filed, being a date falling within the period of 12 months preceding the international filing date;

(ii)

the number of the earlier application;

(iii)

where the earlier application is a national application, the country party to the Paris Convention for the Protection of Industrial Property or the Member of the World Trade Organization that is not party to that Convention in which it was filed;

(iv)

where the earlier application is a regional application, the authority entrusted with the granting of regional patents under the applicable regional patent treaty;

(v)

where the earlier application is an international application, the receiving Office with which it was filed.

(b)

In addition to any indication required under paragraph (a)(iv) or?a href="#_4_10_a_v">(v):

(i)

where the earlier application is a regional application or an international application, the priority claim may indicate one or more countries party to the Paris Convention for the Protection of Industrial Property for which that earlier application was filed;

(ii)

where the earlier application is a regional application and at least one of the countries party to the regional patent treaty is neither party to the Paris Convention for the Protection of Industrial Property nor a Member of the World Trade Organization, the priority claim shall indicate at least one country party to that Convention or one Member of that Organization for which that earlier application was filed.

(c)

For the purposes of paragraphs (a) and (b), Article 2(vi) shall not apply.

(d)

If, on September 29, 1999, paragraphs (a) and (b) as amended with effect from January 1, 2000, are not compatible with the national law applied by a designated Office, those paragraphs as in force until December?1, 1999, shall continue to apply after that date in respect of that designated Office for as long as the said paragraphs as amended continue not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by October 31, 1999. The information received shall be promptly published by the International Bureau in the Gazette.

4.11 ?i>Reference to Earlier Search

I(y¨ªng)f an international or international-type search has been requested on an application under Article 15(5) or if the applicant wishes the International Searching Authority to base the international search report wholly or in part on the results of a search, other than an international or international-type search, made by the national Office or intergovernmental organization which is the International Searching Authority competent for the international application, the request shall contain a reference to that fact. Such reference shall either identify the application (or its translation, as the case may be) in respect of which the earlier search was made by indicating country, date and number, or the said search by indicating, where applicable, date and number of the request for such search.

4.12 ?i>Choice of Certain Kinds of Protection

(a)

If the applicant wishes his international application to be treated, in any designated State, as an application not for a patent but for the grant of any of the other kinds of protection specified in Article 43, he shall so indicate in the request. For the purposes of this paragraph, Article 2(ii) shall not apply.

(b)

In the case provided for in Article 44, the applicant shall indicate the two kinds of protection sought, or, if one of two kinds of protection is primarily sought, he shall indicate which kind is sought primarily and which kind is sought subsidiarily.

4.13 ?i>Identification of Parent Application or Parent Grant

I(y¨ªng)f the applicant wishes his international application to be treated, in any designated State, as an application for a patent or certificate of addition, inventor's certificate of addition, or utility certificate of addition, he shall identify the parent application or the parent patent, parent inventor's certificate, or parent utility certificate to which the patent or certificate of addition, inventor's certificate of addition, or utility certificate of addition, if granted, relates. For the purposes of this paragraph Article 2(ii) shall not apply.

4.14 ?i>Continuation or Continuation-in-Part

I(y¨ªng)f the applicant wishes his international application to be treated, in any designated State, as an application for a continuation or a continuation-in-part of an earlier application, he shall so indicate in the request and shall identify the parent application involved.

4.14bis ?i>Choice of International Searching Authority

I(y¨ªng)f two or more International Searching Authorities are competent for the searching of the international application, the applicant shall indicate his choice of International Searching Authority in the request.

4.15 ?i>Signature

(a)

Subject to paragraph (b), the request shall be signed by the applicant or, if there is more than one applicant, by all of them.

(b)

Where two or more applicants file an international application which designates a State whose national law requires that national applications be filed by the inventor and where an applicant for that designated State who is an inventor refused to sign the request or could not be found or reached after diligent effort, the request need not be signed by that applicant if it is signed by at least one applicant and a statement is furnished explaining, to the satisfaction of the receiving Office, the lack of the signature concerned.

4.16 ?i>Transliteration or Translation of Certain Words

(a)

Where any name or address is written in characters other than those of the Latin alphabet, the same shall also be indicated in characters of the Latin alphabet either as a mere transliteration or through translation into English. The applicant shall decide which words will be merely transliterated and which words will be so translated.

(b)

The name of any country written in characters other than those of the Latin alphabet shall also be indicated in English.

4.17 ?i>Declarations Relating to National Requirements Referred to in Rule 51bis.1(a)(i) to (v)

The request may, for the purposes of the national law applicable in one or more designated States, contain one or more of the following declarations, worded as prescribed by the Administrative Instructions:

(i)

a declaration as to the identity of the inventor, as referred to in Rule 51bis.1(a)(i);

(ii)

a declaration as to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent, as referred to in Rule 51bis.1(a)(ii);

(iii)

a declaration as to the applicant’s entitlement, as at the international filing date, to claim priority of the earlier application, as referred to in Rule 51bis.1(a)(iii);

(iv)

a declaration of inventorship, as referred to in Rule 51bis.1(a)(iv), which shall be signed as prescribed by the Administrative Instructions;

(v)

a declaration as to non-prejudicial disclosures or exceptions to lack of novelty, as referred to in Rule 51bis.1(a)(v).

4.18 ?i>Additional Matter

(a)

The request shall contain no matter other than that specified in Rules 4.1 to 4.17, provided that the Administrative Instructions may permit, but cannot make mandatory, the inclusion in the request of any additional matter specified in the Administrative Instructions.

(b)

If the request contains matter other than that specified in Rules 4.1 to 4.17 or permitted under paragraph (a) by the Administrative Instructions, the receiving Office shall ex officio delete the additional matter.

⁽ⁱⁱⁱ⁾

Editor's Note: Paragraphs (a) and (b) of Rule 4.10 as amended with effect from January 1, 2000, do not apply in respect of any designated Office which has informed the International Bureau of incompatibility with the national law applied by that Office, as provided by paragraph (d) of that Rule. Paragraphs (a) and (b) as in force until December?1, 1999, continue to apply after that date in respect of any such designated Office for as long as those paragraphs as amended continue not to be compatible with the applicable national law. Information received by the International Bureau concerning any such incompatibility is published in the Gazette. The text of paragraphs (a) and (b) as in force until December 31, 1999, is reproduced below:

"4.10 ?i>Priority Claim

(a)

Any declaration referred to in Article 8(1) ("priority claim") shall, subject to Rule 26bis.1, be made in the request; it shall consist of a statement to the effect that the priority
of an earlier application is claimed and shall indicate:

(i)

the date on which the earlier application was filed, being a date falling within the period of 12 months preceding the international filing date;

(ii)

the number of the earlier application;

(iii)

where the earlier application is a national application, the country party to the Paris Convention for the Protection of Industrial Property in which it was filed;

(iv)

where the earlier application is a regional application, the authority entrusted with the granting of regional patents under the applicable regional patent treaty;

(v)

where the earlier application is an international application, the receiving Office with which it was filed.

(b)

In addition to any indication required under paragraph (a)(iv) or (v):

(i)

where the earlier application is a regional application or an international application, the priority claim may indicate one or more countries party to the Paris
Convention for the Protection of Industrial Property for which that earlier application was filed;

(ii)

where the earlier application is a regional application and the countries party to the regional patent treaty are not all party to the Paris Convention for the
Protection of Industrial Property, the priority claim shall indicate at least one country party to that Convention for which that earlier application was filed."

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