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On the ratification of the Patent Law Treaty

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Patent Law Treaty

The Law of the Republic of Kazakhstan dated May 2, 2011 No. 430-IV

     To ratify the Patent Law Treaty adopted in Geneva on June 1, 2000 with the following reservation: "The Republic of Kazakhstan, in accordance with article 23 of the Patent Law Treaty, declares that the provisions of article 6 (1) of the said Treaty do not apply to any requirement regarding the unity of invention applicable in accordance with the Patent Cooperation Treaty to the international application.".

     President of the Republic of Kazakhstan N. NAZARBAYEV

  PATENT LAW TREATY

  content

Article 1      Abbreviated expressions

Article 2      General principles

Article 3 Applications and patents to which the Agreement applies

Article 4      Security exception

Article 5 Date of filing

Article 6 Application

Article 7      Representative Office

Article 8      Messages; addresses

Article 9      Notifications

Article 10 Validity of the patent; cancellation

Article 11     Relaxation of deadlines

Article 12     Restoration of rights after the establishment by the agency of the fact of taking appropriate measures or inadvertence

Article 13 Correction or addition of a priority claim; restoration of the right of priority

Article 14 Instructions

Article 15     Connection with the Paris Convention

Article 16 Effect of revisions, amendments and amendments to the Patent Cooperation Agreement

Article 17 The Assembly

Article 18 International Bureau

Article 19 Revisions

Article 20     Participation in the Contract

Article 21     Entry into force of the Treaty; effective dates of ratifications and accessions

Article 22     Application of the Agreement to existing applications and patents

Article 23     Reservations

Article 24 Denunciation of the Treaty

Article 25     Languages of the Agreement

Article 26     Signing of the Agreement

Article 27 Depository; registration

  Article 1 Abbreviated expressions

     For the purposes of this Treaty, unless expressly provided otherwise: (i) "office" means the authority of a Contracting Party authorized to grant patents or deal with other matters governed by this Treaty; (ii) "application" means an application for a patent, as specified in Article 3; (iii) "patent" means a patent as specified in article 3; (iv) references to "person" are understood to include, in particular, an individual and a legal entity;       (v) "communication" means any application or any petition, application, document, correspondence or other information related to the application or patent in connection with the procedure under this Treaty or outside it, which are filed with the Office;       (vi) "Office materials" means the totality of information stored by the Office relating to applications filed with that Office, including those applications themselves, and patents granted by that Office or another authority with effect against the relevant Contracting Party, including those patents themselves, regardless of the medium on which such information is stored; (vii) "making an entry" means any action to include information in the records of the Office;       (viii) "applicant" means the person indicated in the Office's materials in accordance with applicable law as the person requesting the patent or as another person who files or conducts the case on it; (ix) "owner" means the person indicated in the Office's materials as the patent holder; (x) "representative" means a representative in accordance with applicable law; (xi) "signature" means any means of self-identification; (xii) "language adopted by the Office" means any language adopted by the Office for the relevant procedure in the Office;       (xiii) "translation" means a translation into a language or, where appropriate, transliteration using an alphabet or a set of symbols accepted by the Office; (xiv) "procedure in the Office" means any procedure in the Office's filing of an application or patent; (xv) except where the context otherwise requires, singular words include plural words, and vice versa, and masculine personal pronouns include feminine personal pronouns.;       (xvi) "Paris Convention" means The Paris Convention for the Protection of Industrial Property, signed on March 20, 1883, as revised and amended; (xvii) "Patent Cooperation Treaty" means The Patent Cooperation Treaty ("PCT"), signed on June 19, 1970, together with the Regulations and Administrative Instructions to this Treaty, subject to revisions, amendments and modifications; (xviii) "Contracting Party" means any State or intergovernmental organization that is a party to this Treaty;       (xix) "applicable legislation", in the case of a Contracting Party, means the legislation of that State, and in the case of an intergovernmental organization, the normative documents on the basis of which that intergovernmental organization operates; (xx) "instrument of ratification" is considered to include instruments of acceptance or approval; (xxi) "Organization" means the World Intellectual Property Organization; (xxii) "International Bureau" means the International Bureau of the Organization;       (xxiii) "Director General" means the Director General of the Organization.

  Article 2 General principles

     (1) [More favorable conditions] The Contracting Party has the right to provide requirements that, from the point of view of applicants and owners, are more favorable than the requirements mentioned in this Agreement and the Instructions, with the exception of Article 5. (2) [Lack of regulation of substantive rules of patent law] Nothing in this Agreement or the Instructions should be understood as a possible limitation of the right of a Contracting Party to prescribe, at its discretion, the requirements of applicable substantive law in respect of patents.

  Article 3 Applications and patents to which the Agreement applies

     (1) [Applications] (a) The provisions of this Treaty and the Regulations shall apply to national and regional applications for patents for inventions and for additional patents filed with or for the Office of a Contracting Party, and which constitute:       (i) the types of applications that are permitted to be filed as international applications under the Patent Cooperation Treaty;       (ii) individual applications for patents for inventions or for additional patents, as specified in Article 4G(1) or (2) of the Paris Convention, from among those types of applications referred to in subparagraph (i). (b) Subject to the provisions of the Patent Cooperation Treaty, the provisions of this Treaty and the Regulations apply to international applications for patents for inventions and for additional patents in accordance with the Patent Cooperation Agreement:       (i) with respect to the time limits applicable under articles 22 and 39(1) of the Patent Cooperation Treaty at the Office of a Contracting Party;       (ii) in respect of any procedure initiated on or after the date on which, pursuant to article 23 or article 40 of this Treaty, the examination or examination of the international application may begin.       (2) [Patents] The provisions of this Agreement and the Instructions shall apply to national and regional patents for inventions and to national and regional additional patents that are granted with effect in respect of a Contracting Party.

  Article 4 Safety exception

     Nothing in this Agreement or the Instructions restricts the right of any Contracting Party to take any action that it deems necessary to ensure essential security interests.

  Article 5 Date of filing

(1) [Elements of the application] (a) Unless otherwise prescribed in the Regulations and subject to the provisions of paragraphs (2) to (8), a Contracting Party shall provide that the filing date of the application is the date on which its Office received all of the following elements, presented on paper or in any other way permitted by the applicant's choice. by the Office for filing date purposes: (i) an explicit or implied indication that these elements are intended to be an application; (ii) indications that identify the applicant or allow the Office to contact the applicant;       (iii) the part that looks like a description.       (b) A Contracting Party may, for the purposes of the filing date, accept the drawing as the element referred to in subparagraph (a) (iii).       (c) For the purposes of the filing date, a Contracting Party may require the submission of both information identifying the applicant and information allowing the Office to contact the applicant, or it may accept evidence identifying the applicant or allowing the Office to contact the applicant, as the element referred to in subparagraph (a) (ii).       (2) [Language] (a) A Contracting Party may require that the indications referred to in paragraph (1) (a) (i) and (ii) be provided in a language accepted by the Office.       (b) For the purposes of the filing date, the part referred to in paragraph (1) (a) (iii) may be submitted in any language.       (3) [Notification] If an application does not meet one or more of the requirements applied by a Contracting Party under paragraphs (1) and (2), the Office shall notify the applicant as soon as possible, providing an opportunity to comply with any such requirement and submit comments within the time limit prescribed by the Regulations.       (4) [Subsequent fulfillment of requirements] (a) If the original application fails to meet one or more of the requirements applied by the Contracting Party under paragraphs (1) and (2), the filing date, subject to subparagraph (b) and paragraph (6), is the date on which all requirements are subsequently fulfilled. applied by the Contracting Party in accordance with paragraphs (1) and (2). (b) The Contracting Party may provide that if one or more of the requirements referred to in subparagraph (a) are not fulfilled within the time limit prescribed in the Regulations, the application is considered not filed. If the application is considered not to have been submitted, the Office notifies the applicant about it, indicating the relevant reasons.       (5) [Notification regarding the missing part of the description or drawing] If, when setting the filing date, the Office considers that part of the description is allegedly missing from the application or that the application contains a reference to a drawing that is allegedly missing from the application, the Office shall immediately notify the applicant.       (6) [Filing date in case of submission of the missing part of the description or drawing] (a) If the missing part of the description or the missing drawing is submitted to the Office within the time prescribed by the Regulations, this part of the description or drawing is included in the application and, subject to subparagraphs (b) and (c), the filing date is The date on which the Office received this part of the description or this drawing, or the date on which all the requirements applied by the Contracting Party under paragraphs (1) and (2), whichever is later, are fulfilled.       (b) If the missing part of the description or the missing drawing is submitted in accordance with subparagraph (a) to correct their omission in an application in which, on the date on which one or more of the elements referred to in paragraph (1) (a) were first received by the Office, the priority of the preceding application is claimed, by the filing date, upon request an application submitted within the time period specified in the Instructions and subject to the requirements prescribed in the Instructions is the date on which all the requirements applied by the Contracting Party in accordance with paragraphs (1) and (2) are fulfilled.       (c) If the missing part of the description or the missing drawing submitted pursuant to subparagraph (a) is withdrawn within the time limit set by the Contracting Party, the filing date is the date on which all the requirements applied by the Contracting Party under paragraphs (1) and (2) are fulfilled. (7) [Replacing the description and drawings with a reference (a) Subject to the requirements prescribed in the Regulations, for the purposes of the filing date, the reference made at the time of filing the application in the language accepted by the Office to the previously filed application replaces the description and any drawings.       (b) If the requirements referred to in subparagraph (a) are not fulfilled, the application may be considered not filed. If the application is considered not to have been submitted, the Office notifies the applicant about it, indicating the appropriate reasons.       (8) [Exceptions] Nothing in this article restricts:       (i) the applicant's right under article 4G(1) or (2) of the Paris Convention to retain as the filing date of the separate application referred to in this article the date of the original application referred to in this article and, where appropriate, the priority right;       (ii) the right of a Contracting Party to apply any requirements necessary to give the advantage of the filing date of the preceding application to an application of any kind prescribed by the Regulations.

  Article 6 The application

     (1) [Application form or content] Unless otherwise provided in this Treaty, no Contracting Party may require the fulfillment of any requirement concerning the form or content of an application that differs from or is additional to: (i) the requirements concerning the form or content that are provided for in respect of international applications in accordance with the Patent Cooperation Treaty;       (ii) requirements concerning the form or content, the fulfillment of which, in accordance with a Patent Cooperation Treaty, may be required by an office of any State party to that Treaty, or by an office acting for that State, as soon as the examination or examination of the international application has begun, as mentioned in article 23 of the said Treaty; (iii) any other requirements prescribed by the Instructions.       (2) [Application Form] (a) A Contracting Party may require that the contents of an application corresponding to the contents of an international application application under a Patent Cooperation Treaty be submitted on an application form prescribed by that Contracting Party. A Contracting Party may also require that any other content elements permitted in paragraph (1) (ii) or prescribed in the Instructions in accordance with paragraph (1)(iii) be provided on this application form.       (b) Notwithstanding the provisions of subparagraph (a) and subject to Article 8(1), a Contracting Party may submit the contents referred to in subparagraph (a) on the application form provided for in the Regulations.       (3) [Translation] A Contracting Party may require a translation of any part of the application that is written in a language other than that accepted by its Office. A Contracting Party may also require the translation of parts of the application, as prescribed in the Instructions, which are written in a language acceptable to the Office, into any other languages acceptable to the Office.       (4) [Fees] The Contracting Party may require payment of fees in respect of the application. The Contracting Party may apply the provisions of the Patent Cooperation Agreement concerning the payment of application fees.       (5) [Priority document] If the priority of a previous application is claimed, a Contracting Party may require that a copy of the previous application and a translation, if the previous application is in a language other than that accepted by the Office, be submitted in accordance with the requirements prescribed in the Regulations.       (6) [Evidence] A Contracting Party may require that, in the course of filing an application, evidence be provided to its Office in respect of any material referred to in paragraph (1) or (2), or any translation referred to in paragraph (3) or (5), or in a priority declaration, only if This Office has reason to doubt the authenticity of this material and the accuracy of this translation.       (7) [Notification] In the event of non-compliance with one or more of the requirements applied by a Contracting Party under paragraphs (1) to (6), the Office shall notify the applicant, providing an opportunity to comply with any such requirement and submit comments within the time prescribed by the Regulations.       (8) [Non-compliance] (a) In the event of non-compliance with one or more of the requirements applied by a Contracting Party in accordance with paragraphs (1) to (6), within the period prescribed in the Regulations, the Contracting Party may, subject to subparagraph (b) and Articles 5 and 10, apply the sanction provided for by its legislation..       (b) If any requirement applied by a Contracting Party under paragraph (1), (5) or (6) with respect to a priority claim is not fulfilled within the time limit prescribed in the Regulations, the priority claim may, subject to article 13, be deemed non-existent. Subject to article 5 (7) (b), no other sanctions may be applied.

  Article 7 Representation

(1) [Representatives] (a) A Contracting Party may require that a representative appointed for the purposes of any procedure at the Office:       (i) had the right, on the basis of applicable law, to conduct business with the Office in respect of applications and patents; (ii) provided as his address an address in the territory prescribed by the Contracting Party.       (b) Subject to subparagraph (c), an action in respect of any procedure performed at the Office by a representative or in relation to a representative who complies with the requirements applied by a Contracting Party under subparagraph (a) has the effect of an action performed by the applicant, owner or other interested person, or performed in relation to the above-mentioned persons who this representative was appointed.       (c) A Contracting Party may provide that in the event of an oath or solemn declaration, or the revocation of a power of attorney, the signature of the representative shall not have the force of the signature of the applicant, holder or other interested person who appointed that representative.       (2) [Mandatory representation] (a) A Contracting Party may require the applicant, owner or other interested person to appoint a representative for the purpose of carrying out any procedure at the Office, except that the legal successor in respect of the application, applicant, owner or other interested person may act independently at the Office in connection with the following procedures:       (i) for filing date purposes; (ii) just payment of the fee; (iii) any other procedure as prescribed by the Regulations;       (iv) the issuance of a receipt or notification by the Office in respect of any procedure referred to in subparagraphs (i) to (iii).       (b) The maintenance fee may be paid by any person.       (3) [Appointment of a representative] The Contracting Party assumes that the appointment of a Representative is notified to the Office in the manner prescribed by the Regulations.       (4) [Prohibition of other requirements] No Contracting Party may require the fulfillment of formal requirements other than those referred to in paragraphs (1) to (3) with respect to matters governed by these paragraphs, unless otherwise provided for in this Treaty or prescribed in the Regulations.       (5) [Notification] In the event of non-compliance with one or more of the requirements applied by a Contracting Party under paragraphs (1) to (3), the Office shall notify the legal successor in respect of the application, the applicant, the owner or other interested person, providing an opportunity to comply with any such requirement and submit comments within the time prescribed by the Regulations.       (6) [Non-compliance] In the event of non-compliance with one or more of the requirements applied by a Contracting Party in accordance with paragraphs (1) to (3), within the period prescribed by the Regulations, the Contracting Party may apply the sanction provided for by its legislation.

  Article 8 Messages; addresses

     (1) [Form and means of communication] (a) With the exception of setting the filing date in accordance with Article 5(1) and subject to Article 6(1), the Instruction, subject to subparagraphs (b) to (d), defines the requirements that a Contracting Party is permitted to apply with respect to the form and means of transmission messages.       (b) No Contracting Party is obligated to allow the submission of communications other than on paper. (c) No Contracting Party is obligated to exclude the submission of communications on paper.       (d) The Contracting Party allows the submission of communications on paper for the purpose of meeting the deadline.       (2) [Language of communications] Unless otherwise provided by this Treaty or the Regulations, a Contracting Party may require that a communication be submitted in a language accepted by the Office.       (3) [Model International Forms] Notwithstanding the provisions of paragraph (1)(a) and subject to paragraph (1)(b) and article 6 (2)(b), a Contracting Party may submit the contents of a communication on a form that corresponds to the Model International Form for such Communication provided for in the Instructions, if the Instructions provide for it.       (4) [Signature of communications] (a) If a Contracting Party requires a signature for the purposes of any communication, that Contracting Party shall allow any signature that meets the requirements prescribed in the Regulations.       (b) No Contracting Party may require the attestation, notarization, authentication, legalization or other certification of any signature that is sent to its Office, except in cases of any quasi-judicial proceedings or when this is prescribed by the Regulations.       (c) Subject to subparagraph (b), a Contracting Party may require that evidence be submitted to the Office only if the Office has reason to doubt the authenticity of any signature.       (5) [Indications in communications] A Contracting Party may require that any communication contain one or more indications prescribed in the Regulations.       (6) [Address for correspondence, address for delivery of legal documents and other addresses] Subject to any provisions prescribed in the Regulations, a Contracting Party may require the applicant, owner or other interested person to indicate in any communication:       (i) addresses for correspondence; (ii) addresses for the delivery of legal documents; (iii) any other address provided for in the Instructions.       (7) [Notification] In the event of non-compliance with one or more of the requirements applied by a Contracting Party under paragraphs (1) to (6) with respect to communications, the Office shall notify the applicant, owner or other interested person, giving him the opportunity to comply with any such requirement and submit comments within the time prescribed by the Regulations.       (8) [Non-compliance] In the event of non-compliance with one or more of the requirements applied by a Contracting Party in accordance with paragraphs (1) to (6), within the period prescribed by the Regulations, the Contracting Party may, subject to Articles 5 and 10 and any exceptions prescribed by the Regulations, apply the sanction provided for by its legislation.

  Article 9 Notifications

     (1) [Sufficient notification] Any notification under this Agreement or the Regulations that is sent by the Office to the correspondence address or the address for the delivery of legal documents specified in accordance with Article 8(6), or any other address provided for in the Regulations for the purposes of this regulation, and which complies with the provisions in respect of this notification constitutes sufficient notification for the purposes of this Agreement and the Instructions.       (2) [If instructions allowing contact have not been provided] Nothing in this Agreement or in the Instructions obliges a Contracting Party to send a notification to the applicant, owner or other interested person, if instructions allowing contact with this applicant, owner or other interested person have not been provided to the Office.       (3) [Failure to notify] Subject to article 10(1), if the Office fails to notify the applicant, owner or other interested person of the failure to comply with any requirement under this Agreement or the Regulations, such failure to notify does not relieve the applicant, owner or other interested person of the obligation to comply with this requirement.

  Article 10 Validity of the patent; cancellation

     (1) [Validity of the patent, not affected by non-fulfillment of certain formal requirements] Non-fulfillment of one or more formal requirements mentioned in the articles 6(1), (2), (4) and (5) and 8(1) - (4), in relation to the application may not be the basis for full or partial annulment or invalidation of a patent, except in cases where failure to comply with a formal requirement was the result of deliberate deception.       (2) [Opportunity to submit comments, make changes or corrections in case of alleged cancellation or invalidation] A patent may not be revoked or invalidated in whole or in part without giving the owner the opportunity to submit comments in connection with the proposed revocation or invalidation of the patent and to make changes and corrections, if permitted by applicable law, within a reasonably necessary period.       (3) [No obligation with respect to special procedures] Paragraphs (1) and (2) do not give rise to any obligation to introduce judicial procedures for the protection of patent rights other than general enforcement procedures.

  Article 11 Relaxation of time limits

(1) [Extension of time limits] A Contracting Party may provide for an extension, for the period prescribed by the Regulations, of the time limit set by the Office for performing an action during the procedure at the Office in respect of an application or patent, if an application for this is filed with the Office in accordance with the requirements prescribed by the Regulations, and such an application, at the option of the Contracting Party, is filed:       (i) before the expiration of the prescribed period; or (ii) after the expiration of the prescribed period, but within the period prescribed by the Regulations.       (2) [Continued record keeping] In the event that the applicant or owner fails to comply with the time limit set by the Office of a Contracting Party for taking action during the procedure before the Office in respect of the application or patent, and if that Contracting Party does not provide for an extension of the time limit under paragraph (1) (ii), it provides for the continuation of the proceedings on the application or patent and, if necessary, the restoration of the applicant's rights or the owner in relation to this application or patent, if:       (i) a request to do so has been submitted to the Office in accordance with the requirements, (ii) the application has been submitted and all the requirements for which the time limit for the relevant action applies have been fulfilled within the time limit prescribed by the Instructions.       (3) [Exceptions] No Contracting Party is required to provide for the relief referred to in paragraph (1) or (2) with respect to the exceptions prescribed in the Regulations.       (4) [Fees] A Contracting Party may require payment of a fee in respect of an application pursuant to paragraph (1) or (2).       (5) [Prohibition of other requirements] No Contracting Party may, in respect of the relief provided for in paragraph (1) or (2), require compliance with requirements other than those referred to in paragraphs (1) to (4), unless otherwise provided for in this Treaty or prescribed in the Regulations.       (6) [Opportunity to provide comments in case of an alleged deviation] An application under paragraph (1) or (2) may not be rejected without giving the applicant or the owner an opportunity to comment on the alleged rejection within a reasonable time.

  Article 12 Restoration of rights after the establishment by the Office of the fact of taking appropriate measures or inadvertence

     (1) [Petition] The Contracting Party provides that in the event of non-compliance by the applicant or owner with the time limit for performing an action during the procedure at the Office, and if this non-compliance directly entails the loss of rights in respect of the application or patent, the Office restores the rights of the applicant or owner in respect of the relevant application or patent, if:       (i) a request to do so has been submitted to the Office in accordance with the requirements prescribed in the Regulations;       (ii) the application has been submitted and all the requirements for which the time limit for the specified action applies have been fulfilled within the time limit prescribed by the Regulations.       (iii) the application indicates the reasons for the non-compliance with the deadline; and (iv) the Office considers that the non-compliance occurred despite taking appropriate measures in the circumstances or, at the option of the Contracting Party, that any delay was unintentional.       (2) [Exceptions] No Contracting Party is required to provide for the restoration of rights under paragraph (1) with respect to exceptions prescribed by the Regulations.       (3) [Fees] A Contracting Party may require payment of a fee in respect of an application pursuant to paragraph (1). (4) [Evidence] A Contracting Party may require that an application or other evidence in support of the reasons referred to in paragraph (1) (iii) be submitted to the Office within a time limit set by the Office.       (5) [Opportunity to provide comments in case of an alleged deviation] An application under paragraph (1) may not be rejected in whole or in part without giving the requesting party an opportunity to comment on the alleged rejection within a reasonable time.

  Article 13 Correction or addition of a priority claim; restoration of the right of priority

     (1) [Correction or addition of a priority claim] Unless otherwise prescribed in the Regulations, a Contracting Party shall provide for the possibility of correcting or supplementing a priority claim in respect of an application ("subsequent application") if:       (i) the application has been submitted to the Office in accordance with the requirements prescribed in the Regulations; (ii) the application has been submitted within the time limit prescribed in the Regulations.; and (iii) the date of filing of the subsequent application no later than the date of expiry of the priority period starting from the date of filing of the earliest application on the basis of which priority is claimed.       (2) [Late submission of a follow-up application] Taking into account Article 15, the Contracting Party provides that if the application ("subsequent application") in which the priority of the previous application is claimed or could be claimed has a filing date that is later than the date on which the priority period expired, but within the time limit prescribed by the Regulations, the Office restores the right of priority if:       (i) the application has been submitted to the Office in accordance with the requirements prescribed in the Regulations; (ii) the application has been submitted within the time limit prescribed in the Regulations.;       (iii) the application indicates the reasons for non-compliance with the priority period; and (iv) the Office considers that the failure to file a follow-up application within the priority period occurred despite taking appropriate measures in the circumstances or, at the choice of the Contracting Party, was unintentional.       (3) [Failure to provide a copy of the previous application] The Contracting Party provides that if a copy of the previous application required in accordance with Article 6(5) is not submitted to the Office within the time limit prescribed in the Instructions under Article 6, the Office shall restore the right of priority if:       (i) the application has been submitted to the Office in accordance with the requirements prescribed in the Regulations; (ii) the application has been submitted within the time limit for filing a copy of the previous application prescribed in the Regulations under article 6(5);       (iii) the Office considers that the request for a copy has been filed with the Office to which the previous application was filed within the time limit prescribed in the Regulations; and (iv) a copy of the previous application has been submitted within the time limit prescribed in the Regulations.       (4) [Fees] A Contracting Party may require payment of a fee in respect of an application in accordance with paragraphs (1) to (3).       (5) [Evidence] A Contracting Party may require that any statement or other evidence substantiating the reasons referred to in paragraph (2) (iii) be submitted to the Office within the time limit set by the Office.       (6) [Opportunity to provide comments in case of an alleged deviation] An application under paragraphs (1) to (3) may not be rejected in whole or in part without giving the requesting party an opportunity to comment on the alleged rejection within a reasonable time.

  Article 14 Instructions

     (1) [Contents] (a) The Instructions attached to this Agreement contain rules concerning:       (i) matters for which this Treaty clearly provides that they should be "prescribed by the Regulations"; (ii) details useful in implementing the provisions of this Treaty; (iii) administrative requirements, issues or procedures. (b) The Regulations also provide rules regarding formal requirements that a Contracting Party is permitted to apply to petitions:       (i) making a record of a change in name or address;       (ii) to record the change of the applicant or owner; (iii) to record the license or pledge; (iv) to correct the error.       (c) The Instruction also provides for the adoption by the Assembly, with the assistance of the International Bureau, of Model International Forms, as well as the adoption of an application form for the purposes of Article 6 (2) (b).       (2) [Amendment of the Regulations] Subject to paragraph (3), any amendment to the Regulations shall require a three-fourths majority of the votes cast.       (3) [Requirement of unanimity] (a) The Regulations may define the provisions of the Regulations, which may be amended only by unanimous decision.       (b) Any amendment to the Regulations resulting in the addition or removal of provisions from the provisions defined in the Regulations pursuant to subparagraph (a) requires a unanimous decision.       (c) In determining whether there is unanimity, only votes actually cast during the voting shall be taken into account. The votes of those who abstained are not taken into account.       (4) [Discrepancies between the Agreement and the Instructions] In case of discrepancies between the provisions of this Agreement and the provisions of the Instructions, the provisions of the Agreement shall apply.

  Article 15 Relation to the Paris Convention

     (1) [Obligation to comply with the Paris Convention] Each Contracting Party shall comply with the provisions of the Paris Convention in respect of patents.       (2) [Obligations and rights under the Paris Convention] (a) Nothing in this Treaty cancels the obligations that the Contracting Parties have towards each other under the Paris Convention.       (b) Nothing in this Agreement shall detract from the rights that applicants and owners enjoy in accordance with the Paris Convention.

  Article 16 Effect of revisions, amendments and alterations Patent cooperation agreements

(1) [Applicability of revisions, amendments and amendments to the Patent Cooperation Agreement] Subject to paragraph (2), any revision, amendment or modification of the Patent Cooperation Treaty made after June 2, 2000, which is consistent with the articles of this Treaty, shall apply for the purposes of this Treaty and the Regulations, provided that the Assembly, in each individual case, takes an appropriate decision by a three-quarters majority of the votes cast.       (2) [Non-applicability of the transitional provisions of the Patent Cooperation Agreement] Any provision of a Patent Cooperation Treaty by virtue of which a revised, amended or amended provision of that Treaty does not apply to a State party to that Treaty, or an office of such State or an office acting on behalf of such State, for such a period during which that provision is contrary to the legislation applied by that State or office, does not apply for the purposes of this Agreement and the Instructions.

  Article 17 The Assembly

     (1) [Composition] (a) The Contracting Parties shall have an Assembly.       (b) Each Contracting Party is represented in the Assembly by one delegate, who may have alternates, advisers and experts. Each delegate may represent only one Contracting Party.       (2) [Functions] Assembly:       (i) consider issues related to the preservation and development of this Treaty and its application; (ii) develop, with the assistance of the International Bureau, the Standard International Forms and the Application Form provided for in article 14 (1)(c);       (iii) amend the Regulations; (iv) determine the conditions for the date of application of each Model International Form and Declaration Form provided for in (ii) and each amendment provided for in (iii); (v) decide in accordance with article 16(1) whether any revision, amendment or modification The Patent Cooperation Agreement applicable for the purposes of this Agreement and the Regulations; (vi) performs all other functions arising from this Agreement.       (3) [Quorum] (a) Half of the members of the Assembly, who are States, shall constitute a quorum.       (b) Notwithstanding the provisions of subparagraph (a), if at any session the number of members of the Assembly represented at it who are States is less than half, but equal to or greater than one third of the members of the Assembly who are States, the Assembly may take decisions, however, all decisions of the Assembly, with the exception of decisions relating to to its own rules of procedure, they become mandatory only if the following conditions are met. The International Bureau shall forward the said decisions to the members of the Assembly, who are States and have not been represented, and shall invite them to inform in writing, within three months from the date of sending the decisions, whether they vote for, against, or abstain from voting on these decisions. If, after this period, the number of such members who voted in this way or abstained from voting reaches the number of members that was insufficient to achieve a quorum at the session itself, such decisions shall take effect provided that the necessary majority remains at the same time.       (4) [Decision-making in the Assembly] (a) The Assembly strives to make its decisions by consensus.       (b) If it is impossible to make a decision based on consensus, the decision on the issue under discussion is taken by vote. In this case:       (i) each Contracting Party, which is a State, has one vote and votes only on its own behalf.; and (ii) any Contracting Party that is an intergovernmental organization may vote in place of its Member States with a number of votes equal to the number of its Member States that are parties to this Treaty. No such intergovernmental organization participates in voting if any of its Member States exercises its right to vote, and vice versa. In addition, no such intergovernmental organization shall participate in the voting if any of its Member States that are parties to this Treaty is a member State of another such intergovernmental organization and that intergovernmental organization participates in the voting.       (5) [Majority] (a) Subject to the provisions of Articles 14 (2) and (3), 16 (1), and 19 (3), the Assembly shall take its decisions by a two-thirds majority of the votes cast.       (b) In determining whether the required majority has been achieved or not, only votes actually cast during the voting are taken into account. The votes of those who abstained from voting are not taken into account.       (6) [Sessions] The Assembly meets for a regular session once every two years upon convocation by the Director General.       (7) [Rules of Procedure] The Assembly shall adopt its own rules of procedure, including rules for convening extraordinary sessions.

  Article 18 International Bureau

     (1) [Administrative functions] (a) The International Bureau shall perform administrative functions relating to this Treaty.       (b) In particular, the International Bureau prepares meetings and performs the functions of the Secretariat of the Assembly and such committees of experts and working groups as may be established by the Assembly.       (2) [Meetings other than Assembly sessions] The Director-General shall convene a meeting of any committee and working group established by the Assembly.       (3) [Role of the International Bureau in the Assembly and other meetings] (a) The Director-General and persons designated by the Director-General shall participate in all meetings of the Assembly, committees and working groups established by the Assembly, without the right to vote.        (b) The Director-General or a staff member appointed by the Director-General shall be the ex officio Secretary of the Assembly, the Committees and the working groups referred to in subparagraph (a). (4) [Conferences] (a) The International Bureau, in accordance with the instructions of the Assembly, shall carry out preparatory work for any review conference.       (b) The International Bureau may consult with the Member States of the Organization, intergovernmental and international and national non-governmental organizations on matters related to the said preparatory work.       (c) The Director General and the persons appointed by the Director General participate in the discussions at the review conferences without the right to vote.       (5) [Other functions] The International Bureau shall perform any other functions assigned to it related to this Treaty.

  Article 19 Revisions

     (1) [Revision of the Agreement] Subject to the provisions of paragraph (2), this Treaty may be subject to revision at a conference of the Contracting Parties. The decision to convene any review conference is taken by the Assembly.       (2) [Revision or amendment of certain provisions of the Treaty] Article 17 (2) and (6) may be amended either by the review conference or by the Assembly in accordance with the provisions of paragraph (3).       (3) [Amendments adopted by the Assembly to certain provisions of the Treaty] (a) Proposals for amendments by the Assembly to article 17 (2) and (6) may be put forward by any Contracting Party or the Director General. The Director General shall send such proposals to the Contracting Parties at least 6 months before their consideration by the Assembly.       (b) The adoption of any amendment to the provisions referred to in subparagraph (a) shall require a three-fourths majority of the votes cast.       (c) Any amendment to the provisions referred to in subparagraph (a) shall enter into force one month after written notifications of its acceptance, carried out in accordance with the constitutional procedure of each Contracting Party, have been received by the Director General from three-fourths of the Contracting Parties that were members of the Assembly at the date of its adoption of the amendment. Any amendment to these provisions adopted in this way is binding on all Contracting Parties as of the date of entry into force of the amendment, as well as those States and intergovernmental organizations that become Contracting Parties at a later date.

  Article 20 Participation in the Contract

(1) [States] Any State that is a party to the Paris Convention or that is a Member of an Organization and in respect of which patents may be granted either through an office of that State or through an office of another State or intergovernmental organization may become a party to this Treaty.       (2) [Intergovernmental organizations] Any intergovernmental organization may become a party to this Treaty if at least one member State of this intergovernmental organization is a party to the Paris Convention or a member of the Organization, and this intergovernmental organization declares that it is duly authorized, in accordance with its internal procedures, to become a party to this Treaty and declares that:       (i) it is competent to grant patents effective in respect of its Member States; or (ii) it is competent with respect to matters governed by this Treaty, has its own relevant legislation binding on all its Member States, and it has or has authorized a regional office for the purpose of issuing patents effective in its territory in accordance with that legislation.       Subject to paragraph (3), any such declaration shall be made upon the deposit of an instrument of ratification or accession.       (3) [Regional patent organizations] The European Patent Organization, the Eurasian Patent Organization and the African Regional Industrial Property Organization, having made the declaration referred to in paragraph (2) (i) or (ii) at the Diplomatic Conference that adopted this Treaty, may become parties to this Treaty as an intergovernmental organization if, at the time of deposit of the instrument of ratification or accession It will declare that, in accordance with its internal procedures, it is duly authorized to become a party to this Agreement.       (4) [Ratification or accession] Any State or intergovernmental organization meeting the requirements of paragraphs (1), (2) or (3) may deposit: (i) an instrument of ratification, if signed by that State or organization of this Treaty; or (ii) an instrument of accession, if if this State or organization does not sign this Treaty.

  Article 21 Entry into force of the Treaty; effective dates of ratifications and accessions

     (1) [Entry into force of this Treaty] This Treaty shall enter into force three months after ten States have deposited their instruments of ratification or accession with the Director General.       (2) [Effective dates of ratifications and accessions] This Agreement is bound by its provisions:       (i) the ten States referred to in paragraph (1) from the date on which this Treaty entered into force;       (ii) any other State three months after the date on which it deposited its instrument of ratification or accession with the Director-General, or on any later date specified in that instrument, but not later than six months after the date of such deposit.;       (iii) each of the European Patent Organization, the Eurasian Patent Organization and the African Regional Industrial Property Organization after the expiration of three months after the deposit of its instrument of ratification or accession, or from any later date specified in this document, but not later than six months after the date of such deposit, if such document deposited after the entry into force of this Treaty in accordance with paragraph (1), or three months after the entry into force of this Treaty, if such an instrument is deposited before the entry into force of this Treaty; (iv) any other intergovernmental organization that is eligible to become a party to this Treaty, three months after the deposit of its instrument of ratification or accession, or from any later date specified in this document, but not later than six months after the date of such deposit.

  Article 22 Application of the Treaty to existing applications and patents

     (1) [Principle] Subject to paragraph (2), a Contracting Party shall apply the provisions of this Treaty and the Regulations, with the exception of Articles 5 and 6 (1) and (2) and related Regulations, to applications pending on the date on which that Contracting Party becomes bound by the provisions of this Treaty. in accordance with article 21, and to patents in force on that date.       (2) [Procedures] No Contracting Party is obligated to apply the provisions of this Treaty and the Instructions to any procedure in the filing of applications and patents provided for in paragraph (1), if such procedure began before the date on which that Contracting Party becomes bound by the provisions of this Treaty in accordance with Article 21.

  Article 23 Reservations

     (1) [Disclaimer] Any State or intergovernmental organization may declare by way of reservation that the provisions of article 6 (1) do not apply to any requirement regarding the unity of invention applicable under the Patent Cooperation Treaty to an international application. (2) [Method of filing reservations] Any reservation in accordance with paragraph (1) shall be made in a declaration attached to the instrument of ratification or accession to this Treaty by the reserving State or intergovernmental organization concerned.       (3) [Review] Any reservation under paragraph (1) may be withdrawn at any time.       (4) [Prohibition of other reservations] With the exception of the case provided for in paragraph (1), no other reservations to this Treaty are permitted.

  Article 24 Denunciation of the Treaty

     (1) [Notification] Any Contracting Party may denounce this Agreement by notification addressed to the Director General.       (2) [Effective date] Any denunciation shall take effect one year after the date of receipt of the notification by the Director General or from any later date specified in the notification. The denunciation shall not affect the application of this Treaty to any pending application or patent in force with respect to the denouncing Contracting Party on the effective date of the denunciation.

  Article 25 Languages of the Treaty

       (1) [Authentic texts] This Agreement is signed in a single copy in Arabic, Chinese, English, French, Russian and Spanish, and only these texts are equally authentic.        (2) [Official texts] The official text in any language other than those referred to in paragraph (1) shall be approved by the Director General after consultation with the parties concerned. For the purposes of this paragraph, interested party means any State that is a party to the Treaty or is eligible to become a party to the Treaty in accordance with article 20(1), the official language or one of the official languages of which is the language in question, and the European Patent Organization, the Eurasian Patent Organization and the African Regional Industrial Property Organization, as well as any another intergovernmental organization that is a party to the Treaty or may become a party to the Treaty if one of its official languages is, the one in question.       (3) [Advantage of authentic texts] In case of divergence of opinion regarding interpretation based on authentic and official texts, authentic texts are used.

  Article 26 Signing of the Agreement

     This Treaty is open for signature by any State eligible to become a party to the Treaty in accordance with article 20(1) and the European Patent Organization, the Eurasian Patent Organization and the African Regional Industrial Property Organization at the headquarters of the Organization within one year after its adoption.

  Article 27 Depository; registration

     (1) [Depositary] The Director General is the depositary of this Agreement.       (2) [Registration] The Director-General shall register this Agreement with the United Nations Secretariat.

  INSTRUCTIONS TO THE PATENT LAW AGREEMENT

  content

Rule 1      Abbreviated expressions Rule 2      Details regarding the filing date in accordance with Article 5 Rule 3      Details of the application under article 6 (1), (2) and (3) Rule 4 The existence of a previous application under article 6 (5) and rule 2 (4) or a previously filed application under rule 2 (5) (b) Rule 5      Evidence under articles 6 (6) and 8 (4) (c) and the Rules 7 (4), 15 (4), 16 (6), 17 (6) and 18 (4) Rule 6 Time limits for an application under article 6 (7) and (8) Rule 7      Details regarding representation under article 7 Rule 8      Submission of communications under article 8 (1) Rule 9      Details regarding the signature under article 8 (4) Rule 10     Details of indications under article 8 (5), (6) and (8) Rule 11 Time limits for communications under article 8 (7) and (8) Rule 12     Details regarding the relaxation, concerning the time limits under article 11 Rule 13     Details regarding the restoration of rights after the establishment by the Office of the fact of appropriate measures or inadvertence under article 12 Rule 14     Details regarding the correction or addition of the priority claim and the restoration of the right of priority under article 13 Rule 15     Request for a record of a name or address change Rule 16 Request for a record of the applicant's or owner's change Rule 17 Application for registration of a license or pledge Rule 18 Request for correction of an error Rule 19 Method of identification of an application without its number Rule 20     Approval of Standard International Forms Rule 21 The requirement of unanimity under article 14 (3)

  Rule 1 Abbreviated expressions

     (1) ["Contract"; "article"] (a) In these Instructions, the word "Contract" means a Patent Law Agreement.       (b) In these Instructions, the word "article" refers to a specific article of the Contract.       (2) [Abbreviations defined in the Contract] The abbreviated expressions defined in article 1 for the purposes of the Treaty have the same meaning for the purposes of these Instructions.

  Rule 2 Details of the filing date under article 5

     (1) [Time limits under Article 5 (3) and (4)(b)] Subject to paragraph (2), the time limit referred to in Article 5 (3) and 4 (b) shall be at least two months from the date of notification referred to in Article 5 (3).       (2) [Exception to time limit under article 5(4)(b)] If notification under Article 5(3) has not been made because instructions have not been provided to enable the Office to contact the applicant, the time limit referred to in article 5(4)(b) shall not be less than two months from the date on which the Office first received one or more of the elements referred to in article 5 (1)(a).       (3) [Time limits under Article 5(6)(a) and (b)] The time limits referred to in Article 5(6)(a) and (b) are: (i) if notification is made under Article 5(5), not less than two months from the date of notification; ((ii) If no notification has been made, at least two months from the date on which the Office first received one or more of the elements referred to in article 5 (1)(a).       (4) [Requirements under Article 5(6)(b)] Any Contracting Party may, subject to rule 4(3), require that, in order to establish the filing date under Article 5(67)(0): (i) a copy of the previous application be submitted within the time limit applicable under paragraph (3);       (ii) a copy of the previous application and the date of filing of the previous application, certified as correct by the Office to which the previous application was filed, were submitted at the suggestion of the Office within a period of at least four months from the date of the proposal, or the period applicable under rule 4(1), whichever (iii) if the previous application was written in a language other than that accepted by the Office, the translation of the previous application was submitted within the time limit applicable under paragraph (3).;       (iv) the missing part of the description or the missing drawing was contained in full in the preceding application; (v) the application, as of the date on which the Office first received one or more of the elements referred to in article 5 (1)(a), included an indication that the contents of the preceding application had been incorporated into the application by reference(vi) during the period applicable under paragraph (3), an indication has been provided as to whether the previous application or the translation referred to in (iii) contains a missing part of the description or a missing drawing.       (5) [Requirements under Article 5(7)(a)] (a) The reference to the previously filed application referred to in Article 5(7)(a) indicates that, for the purpose of determining the filing date, the description of the application and any drawings have been replaced by a reference to the previously filed application; the reference also indicates the number of this application and the office to which this application was submitted. The Contracting Party may require that the reference also indicate the filing date of the previously submitted application.       (b) A Contracting Party may, subject to rule 4(3), require that:       (i) a copy of the previously filed application and, if the previously filed application is submitted in a language other than that accepted by the Office, a translation of that previously filed application has been submitted to the Office within a period of at least two months from the date on which the Office received the application containing the reference referred to in article 5(7)(a);       (ii) a certified copy of the previously filed application has been submitted to the Office within a period of at least four months from the date of receipt of the application containing the reference referred to in Article 5(7)(a). (c) A Contracting Party may require that the reference referred to in Article 5(7)(a), was a reference to a previously filed application submitted by the applicant or his successor in title or successor in title.       (6) [Exceptions under Article 5(8)(ii)] The types of applications referred to in Article 5(8)(ii) are:       (i) Individual applications;       (ii) continuing applications or partially continuing applications; (iii) applications filed by new applicants who are found to be entitled to an invention contained in a previous application.

  Rule 3 Details of the application under article 6(1), (2) and (3)

     (1) [Additional requirements under Article 6(1)(iii)] (a) A Contracting Party may require that an applicant who wishes an application to be considered as a separate application under rule 2(6)(i) indicate:       (i) that he wishes the application to be considered as such; (ii) the application number and filing date from which the application is separated.       (b) A Contracting Party may require that an applicant who wishes an application to be considered as an application under Rule 2(6)(iii) indicate:       (i) that he wishes the application to be considered as such;       (ii) the number and date of the previous application.       (c) A Contracting Party may require that the applicant, who wishes the application to be considered as an application for an additional patent, indicate:       (i) that he wishes the application to be considered as such; (ii) the number and date of filing of the main application.       (d) A Contracting Party may require that the applicant, who wishes the application to be considered as a continuation or partial continuation of the previous application, indicate:       (i) that he wishes the application to be considered as such;       (ii) the number and date of the previous application.       (e) If the Contracting Party is an intergovernmental organization, it may require the applicant to indicate:       (i) whether there is a request that the applicant wishes to obtain a regional patent; (ii) the member States of this intergovernmental organization in which protection of the invention is sought.       (2) [Application form pursuant to Article 6(2)(b)] A Contracting Party may submit the contents referred to in Article 6(2)(a): (i) on the application form if this application form corresponds to the application form in accordance with the Patent Cooperation Agreement, as amended under rule 20(2);       (ii) on the application form in accordance with the Patent Cooperation Agreement, if this application form is accompanied by an indication that the applicant wishes the application to be considered as a national or regional application, in which case the application form is considered to include the changes referred to in (i); (iii) on the application form applications in accordance with the Patent Cooperation Agreement, which contains an indication that the applicant wishes the application to be considered as a national or regional application, if such an application form is available under the Patent Cooperation Agreement.       (3) [Requirement under Article 6(3)] A Contracting Party may require, in accordance with Article 6(3), the translation of the title, formula and abstract of an application, which is drawn up in a language accepted by the Office, into any other languages accepted by the Office.

  Rule 4 The existence of a previous application under article 6(5) and rule 2(4) or a previously filed application under rule 2(5)(b)

(1) [A copy of the previous application under Article 6(5)] Subject to paragraph (3), a Contracting Party may require that a copy of the previous application referred to in Article 6(5) be submitted to the Office within a period of at least 16 months from the date of filing of the previous application or, if there are several such prior applications, from the earliest filing date of these prior applications.       (2) [Assurance] Subject to paragraph (3), a Contracting Party may require that the copy referred to in paragraph (1), as well as the date of filing of the previous application, be certified as correct by the Office with which the previous application was filed.       (3) [The existence of a previous application or a previously submitted application] No Contracting Party shall require the submission of a copy or certified copy of a previous application or date certification, as referred to in paragraphs (1) and (2) and rule 2(4), or a copy or certified copy of a previously filed application, as referred to in rule 2(5)(b), if the previous application or The previously submitted application has been submitted to the Office or is available to that office from a digital library that is acceptable to that office for that purpose.       (4) [Translation] If the previous application is filed in a language other than that accepted by the Office and the validity of the priority claim is relevant to establishing the patentability of the invention in question, a Contracting Party may require that a translation of the previous application referred to in paragraph (1) be submitted by the applicant at the suggestion of the office or other competent authority within a period that is not less than two months from the date of this proposal, and not less than the period, if any, applicable in accordance with the specified paragraph.

  Rule 5 Evidence under articles 6(6) and 8(4)(c) and the Rules 7(4), 15(4), 16(6), 17(6) and 18(4)

     If according to article 6(6) or 8(4)(c) or the rule 7(4), 15(4), 16(6), 17(6) or 18(4), the office notifies the applicant, the owner or another person that evidence is required, the notification states the reason why the Agency has reason to doubt the authenticity of the material, the indication or signature, or the accuracy of the translation, as appropriate.

  Rule 6 Time limits for an application under article 6(7) and (8)

     (1) [Time limits under Article 6 (7) and (8)] Subject to paragraphs (2) and (3), the time limits referred to in Article 6 (7) and (8) shall be at least two months from the date of notification referred to in Article 6 (7).       (2) [Exception to the time limit under article 6(8)] Subject to paragraph (3), if notification under Article 6(7) has not been made because instructions have not been provided to enable the Office to contact the applicant, the time limit referred to in article 6(8) is at least three months from the date on which the Office first received one or more of the elements referred to in article 5 (1)(a).       (3) [Time limits under Articles 6(7) and (8) in connection with payment of the filing fee under the Patent Cooperation Agreement] if any filing fees required under Article 6(4) have not been paid, a Contracting Party may, in accordance with Article 6(7) and (8) apply the same time limits for payment, including late payment, that apply under the Patent Cooperation Agreement in connection with the payment of the international filing fee.

  Rule 7 Details of representation under article 7

     (1) [Other procedures under Article 7(2)(a)(ii)] Other procedures referred to in Article 7(2)(a)(iii) for which a Contracting Party may not require the appointment of a representative include: (i) the submission of a copy of a previous application under rule 2(4); (ii) the submission of a copy of a previously filed application under rule 2(5)(b).       (2) [Appointment of a representative in accordance with Article 7(3)] (a) A Contracting Party shall allow an indication of the appointment of a representative to be submitted to the Office:       (i) in a separate communication (hereinafter referred to as the "power of attorney") signed by the applicant, owner or other interested person, and indicating the name and address of the representative; or, at the applicant's option, (ii) on the application form referred to in Article 6(2), which is signed by the applicant.       (b) One power of attorney is sufficient even if it relates to several applications or patents of the same person or to one or more applications and one or more patents of the same person, provided that all the mentioned applications and patents are indicated in one power of attorney. One power of attorney is also sufficient, even if, subject to any exception specified by the appointing person, it applies to all existing and future applications or patents of that person. If this one power of attorney is filed on paper or in another way authorized by the Office, the office may require that a separate copy be provided for each application and patent to which the application relates.       (3) [Power of Attorney transfer] If the power of attorney is presented in a language other than that accepted by the Office, the Contracting Party may require that a translation be attached to it.       (4) [Evidence] A Contracting Party may require proof to be provided to the Office only if the Office has reason to doubt the accuracy of any indication contained in any communication referred to in paragraph (2) (a). (5) [Time limits under Article 7 (5) and (6)] Subject to paragraph (6) The time limits referred to in Article 7(5) and (6) shall be at least two months from the date of notification referred to in Article 7 (5).       (6) [Exclusion of time limit under Article 7(6)] If the notification referred to in article 7(5) has not been made because no instructions have been provided to enable the Office to contact the applicant, owner or other interested person, the period referred to in article 7(6) shall be at least three months from the date on which the procedure referred to was initiated. in article 7(5).

  Rule 8 Submission of communications under article 8(1)

     (1) [Paper communications] (a) After June 2, 2005, any Contracting Party, subject to Articles 5 (1) and 8(1)(d), may exclude the submission of paper communications or may continue to allow the submission of paper communications. Until that date, all Contracting States shall permit the submission of communications on paper. (b) Subject to Article 8(3) and subparagraph (c), a Contracting Party may prescribe requirements for a paper communication form.       (c) If a Contracting Party authorizes the submission of communications on paper, its Office must authorize the submission of communications on paper in accordance with the requirements of the Patent Cooperation Treaty with respect to a paper communication form. (d) Notwithstanding subparagraph (a), if the receipt or processing of a communication on paper, by virtue of its nature or size If it does not seem appropriate, the Contracting Party, despite the first sentence of subparagraph (a), may require the submission of this communication in another form or by other means of transmission.       (2) [Communications submitted in electronic form or by electronic means of transmission] (a) If a Contracting Party authorizes the submission of communications in electronic form or by electronic means of transmission to its Office in a specific language, including the submission of communications by telegraph, teleprinter, telefax or other similar means of transmission, and there are requirements applicable to this To the Contracting Party in accordance with the Patent Cooperation Agreement in respect of communications submitted in electronic Form or by electronic Means of transmission in this language, The Office authorizes the submission of communications in electronic form or by electronic means of transmission in the specified language in accordance with these requirements.       (b) A Contracting Party that authorizes the submission of communications to its Office in electronic form or by electronic means of transmission shall notify the International Bureau of the requirements under its applicable law relating to such submission. Any such notification shall be published by the International Bureau in the language in which such notification is made and in the languages in which the authentic and official texts of the Treaty have been approved in accordance with article 25.       (c) If, pursuant to subparagraph (a), a Contracting Party authorizes the submission of communications by telegraph, teleprinter, telefax or other similar means of transmission, it may require that the original of any document transmitted by such means, accompanied by a letter identifying that previous transmission, be submitted on paper to the Office within the time limit set by which is at least one month from the date of transfer.       (3) [Paper copies of communications submitted in electronic form or by electronic means of transmission] (a) If a Contracting Party authorizes the submission in electronic form or by electronic means of transmission of a copy of a communication submitted on paper in a language accepted by the Office and there are requirements applicable to that Contracting Party under the Patent Cooperation Agreement in With regard to the submission of such copies of communications, the Office authorizes the submission of copies of communications in electronic form or by electronic means of transmission in accordance with these requirements.       (b) Subject to appropriate modifications, paragraph (2) (b) applies to copies of paper-based communications submitted in electronic form or by electronic means of transmission.

  Rule 9 Details of the signature under article 8(4)

(1) [Instructions accompanying the signature] A Contracting Party may require that the signature of the natural person who signed it be accompanied by:       (i) an alphabetic indication of the last name, first name and patronymic of the person or, at that person's choice, the first name or names commonly used by that person; (ii) an indication of who that person signed, if this is not obvious from reading the message.       (2) [Date of signature] A Contracting Party may require that the signature be accompanied by an indication of the date on which it was affixed. If such an indication is required but not provided, the date on which the signature is considered to have been affixed is the date on which the signed communication was received by the Office or, if permitted by the Contracting Party, an earlier date. (3) [Signature of the communication on paper] If a communication addressed to the Office of a Contracting Party is presented on paper and a signature is required, that Contracting Party:       (i) accepts a handwritten signature, subject to (iii);       (ii) may authorize the use of other forms of signature, such as an impression or a signature stamp, or the use of a stamp or a bar code marking instead of a handwritten signature.;       (iii) may require the use of a seal instead of a handwritten signature if the individual signing the communication is a national of a Contracting Party and the address of such person is located in its territory, or if the legal entity on whose behalf the communication is signed is established in accordance with its legislation and has either a location or a valid and fictitious industrial or a trading company on its territory.       (4) [Signature of messages submitted in electronic form or by electronic means of transmission, with the appearance of a graphic image] If a Contracting Party authorizes the submission of communications in electronic form or by electronic means of transmission, it shall consider such communication signed if the communication received by the Office of that Contracting Party displays a graphic representation of the signature acceptable to that Contracting Party in accordance with paragraph (3).       (5) [Signature of communications submitted in electronic form, without the appearance of a graphic representation of the signature] (a) If a Contracting Party authorizes the submission of communications in electronic form and a graphic representation of the signature acceptable to that Contracting Party in accordance with paragraph (3) does not appear on such a communication received by the Office of that Contracting Party, the Contracting Party A Party may require that the communication be signed using an electronic signature, as prescribed by that Contracting Party.       (b) Notwithstanding subparagraph (a), if a Contracting Party authorizes the submission of communications in electronic form in a particular language and there are requirements applicable to that Contracting Party under the Patent Cooperation Agreement with respect to signatures in electronic form of communications submitted in electronic form in that language that do not result in a graphic representation of the signature. the Office of this Contracting Party accepts the signature in electronic form in accordance with these requirements.       (c) Rule 8(2)(b) applies mutatis mutandis.       (6) [Exception to the certification of signatures under Article 8(4)(b)] A Contracting Party may require that any signature referred to in paragraph (5) be confirmed by the electronic signature verification method specified by that Contracting Party.

  Rule 10 Details of indications under article 8 (5), (6) and (8)

     (1) [Indications under Article 8(5)] (a) A Contracting Party may require that any communication include:       (i) the name and address of the applicant, owner or other interested person; (ii) the number of the application or patent to which it relates; (iii) if the applicant, owner or other interested person is registered with the Office, the number or other indication according to which they are so registered.       (b) A Contracting Party may require that any communication from a representative for the purposes of the procedure to the Office contain:       (i) the name and address of the representative; (ii) a reference to a power of attorney or other communication indicating or indicating the appointment of that representative, on the basis of which that representative acts; (iii) if the representative is registered with the Office, the number or other indication according to which he is registered.       (2) [Address for correspondence and address for delivery of legal documents] A Contracting Party may require that the correspondence address referred to in Article 8(6)(i) and the legal document delivery address referred to in Article 8(6)(ii) be located in the territory prescribed by that Contracting Party.       (3) [Address if no representative has been appointed] If no representative has been appointed and the applicant, owner or other interested person has provided as their address an address in the territory prescribed by a Contracting Party in accordance with paragraph (2), that Contracting Party shall consider such address to be the correspondence address referred to in Article 8(6) ((i), or the address for the delivery of legal documents referred to in Article 8(6)(ii), as required by the Contracting Party, unless that applicant, owner or other interested person has specifically indicated another such address in accordance with Article 8(6).       (4) [Address if a representative is appointed] If a representative is appointed, the Contracting Party shall consider the address of that representative to be the correspondence address referred to in Article 8(6)(i) or the address for the delivery of legal documents referred to in Article 8(6)(ii), as required by the Contracting Party, if only this applicant, owner or other interested person did not specifically indicate another such address in accordance with article 8(6).       (5) [Penalties for non-compliance under Article 8(8)] No Contracting Party may provide for the rejection of an application due to non-compliance with any requirement to provide a registration number or other indication under paragraphs (1) (a)(iii) and (b)(iii).

  Rule 11 Time limits for communications under article 8 (7) and (8)

     (1) [Time limits under Article 8 (7) and (8)] Subject to paragraph (2), the time limits referred to in Article 8 (7) and (8) shall be at least two months from the date of notification referred to in Article 8(7); (2) [Exception in respect of time limit according to article 8(8)] If the notification referred to in article 8(7) has not been made because no instructions have been provided to enable the Office to contact the applicant, owner or other interested person, the period referred to in article 8(8) shall be at least three months from the date on which the Office received the communication referred to in article 8(7).

  Rule 12 Details of the relief relating to time limits under article 11

     (1) [Requirements under Article 11(1)] (a) A Contracting Party may require that the application referred to in Article 11(1): (i) be signed by the applicant or owner; (ii) contain an indication that an extension of time is requested and an indication of that time limit.       (b) If an application for an extension of the time limit is submitted after the expiration of the time limit, the Contracting Party may require that all the requirements for which the time limit for performing the relevant action be fulfilled simultaneously with the filing of the application.       (2) [Period and time limit under Article 11(1)] (a) The extension period referred to in Article 11(1) shall be at least two months from the date of expiry of the non-extended period.       (b) The period referred to in article 11(1)(ii) shall expire not earlier than two months from the date of expiry of the non-extended period.       (3) [Requirements under Article 11(2)(i)] A Contracting Party may require that the application referred to in Article 11(2): (i) be signed by the applicant or the owner; (ii) contain an indication that relief is sought in respect of non-compliance with the time limit and an indication of that time limit.       (4) [Time limit for filing an application under article 11(2)(ii)] The time limit referred to in article 11(2)(ii) expires not earlier than two months after notification by the Office that the applicant or owner has violated the time limit set by the Office.       (5) [Exceptions under Article 11(3)] (a) No Contracting Party is required under Article 11(1) or (2) to grant: (i) a second or any subsequent relief for a period for which relief has already been granted under Article 11(1) or (2);       (ii) relief with respect to the submission of an application for relief under article 11(1) or (2) or an application for reinstatement under Article 12(1); (iii) relief with respect to the time limit for payment of maintenance fees; (iv) relief with respect to the time limit referred to in article 13(1), (2) or (3); (v) relief with respect to the time limit for action before the appeals chamber or other review body established within the office; (vi) relief with respect to the time limit for action during the proceedings between the parties.       (b) No Contracting Party that provides a maximum time limit for meeting all the requirements of a procedure at the Office is required under Article 11(1) or (2) to grant time relief for action in that procedure in respect of any of those requirements beyond that maximum time limit.

  Rule 13 Details on the restoration of rights after the Office has established that appropriate measures have been taken or inadvertently provided for in article 12

(1) [Requirements under Article 12(1)(i)] A Contracting Party may require that the application referred to in Article 12(1)(i) be signed by the applicant or the owner.       (2) [Time limit under Article 12(1)(ii)] The time limit for filing an application and for fulfilling the requirements under Article 12(1)(ii) is the period expiring earlier than the following: (i) not less than two months from the date of elimination of the reason for non-compliance with the time limit for performing the relevant action;        (ii) not less than 12 months from the date of expiry of the time limit for performing the relevant action, or if the request relates to non-payment of the maintenance fee, not less than 12 months from the date of expiry of the grace period provided for in Article 5bis of the Paris Convention.       (3) [Exceptions under Article 12(2)] The exceptions referred to in Article 12(2) constitute non-compliance with the deadline:       (i) to take action before the Appeals Chamber or other review body established within the Office;       (ii) to file a motion for relief under article 11(1) or (2) or a motion for reinstatement under article 12 (1); (iii) referred to in article 13(1), (2) or (3); (iv) to act during the proceedings between the parties.

  Rule 14 Details regarding the correction or addition of the priority claim and the restoration of the right of priority under article 13

     (1) [Exclusion under Article 13(1)] No Contracting Party is required to provide for the correction or addition of a priority claim under Article 13(1) in the event of receipt of a request referred to in Article 13(1)(i) after the applicant has submitted a request for early publication or expedited or rapid review, if this request for early publication or for accelerated or rapid review is withdrawn before the completion of technical preparations for the publication of the application.       (2) [Requirements under Article 13(1)(i)] A Contracting Party may require that the application referred to in Article 13(1)(i) be signed by the applicant.       (3) [Time limit under article 13(1)(ii)] The time limit referred to in article 13(1)(ii) shall not be less than the time limit for the declaration of priority after the filing of the international application applicable to the international application in accordance with the Patent Cooperation Treaty.       (4) [Time limits under article 13(2)] (a) The time limit referred to in the introductory part of article 13(2) shall expire not earlier than two months from the date on which the priority period expired.       (b) The period referred to in article 13(2)(ii) is the period applicable under subparagraph (a) or the period by which any technical preparations for the publication of a subsequent application have been completed, whichever is earlier. (5) [Requirements under Article 13 (2)(i)] A Contracting Party may require that the application referred to in Article 13(2)(i):       (i) was signed by the applicant; and (ii) was accompanied by a priority claim if the application did not contain a priority claim of the previous application.       (6) [Requirements under Article 13(3)] (a) A Contracting Party may require that the application referred to in Article 13(3)(i):       (i) was signed by the applicant; and (ii) indicated the Office to which the request for a copy of the previous application was submitted, and the date of filing of this request.       (b) A Contracting Party may require that:       (i) the application or other evidence in support of the application referred to in article 13(3) has been submitted to the Office within the time limit set by the Office.;       (ii) a copy of the previous application referred to in article 13(3)(iv) has been submitted to the Office within a period of at least one month from the date on which the Office to which the previous application was filed provided the applicant with this copy.       (7) [Time limit under article 13(3)(iii)] The time limit referred to in article 13(3)(iii) expires two months before the expiration of the time limit prescribed in rule 4(1).

  Rule 15 Request for a change of name or address

     (1) [Application] If the applicant or owner remains the same, but his name or address has changed, the Contracting Party authorizes that the application for recording the change of name or address be filed in a message signed by the applicant or owner and contain the following instructions:       (i) an indication that a change in name or address is being requested; (ii) the number of the relevant application or patent; (iii) the change being made; (iv) the name and address of the applicant or owner prior to the change.       (2) [Fees] A Contracting Party may require payment of a fee in respect of an application referred to in paragraph (1). (3) [One application] (a) One application is sufficient, even if the change relates to both the name and address of the applicant or owner.       (b) One application is sufficient even if the amendment relates to several applications or patents of the same person or to one or more applications and one or more patents of the same person, provided that the application contains the numbers of all relevant applications and patents. If this one application is filed on paper or in any other way permitted by the Office, the Contracting Party may require that a separate copy be provided for each application and patent to which the application relates.       (4) [Evidence] A Contracting Party may require the provision of evidence to the Office only if the Office has reason to doubt the authenticity of any indication contained in the application.       (5) [Prohibition of other requirements] No Contracting Party may require, in respect of an application referred to in paragraph (1), the fulfillment of requirements other than those referred to in paragraphs (1) to (4), unless otherwise provided by the Treaty or prescribed by these Regulations. In particular, the presentation of any certificate regarding the change may not be required.       (6) [Notification] In the event of non-compliance with one or more of the requirements applied by a Contracting Party under paragraphs (1) to (4), the Office shall notify the applicant or owner thereof, providing an opportunity to comply with any such requirement and submit comments within at least two months from the date of notification.       (7) [Non-compliance] (a) In the event of non-compliance within the time limit referred to in subparagraph (b) of one or more of the requirements applied by a Contracting Party under paragraphs (1) to (4), the Contracting Party may provide for refusal to accept the application, but not more severe penalties.       (b) The period referred to in subparagraph (a) is: (i) subject to (ii), at least two months from the date of notification;       (ii) if no instructions are provided to enable the Office to contact the person who submitted the application referred to in paragraph (1), at least three months from the date on which the application was received by the Office.       (8) [Change of the name or address of the representative, or the address for correspondence or the address for the delivery of legal documents] Subject to the relevant amendments, paragraphs (1) to (7) apply to any change in the name or address of the representative and to any change related to the address for correspondence or the address for the delivery of legal documents.

  Rule 16 Request for a record of the applicant's or owner's change

(1) [Request for a record of the applicant's or owner's change] (a) In the event of a change in the identity of the applicant or owner, the Contracting Party shall allow the request for a record of the change to be filed in a communication signed by the applicant or owner, or by the new applicant or the new owner, and contain the following instructions:       (i) an indication that a record of the applicant's or owner's change is requested; (ii) the number of the relevant application or patent; (iii) the name and address of the applicant or owner;       (iv) the name and address of the new applicant or new owner; (v) the date of the change in the identity of the applicant or owner; (vi) the name of the State of which the new applicant or new owner is a national, if he is a national of any State, the name of the State in which the new applicant or new owner has his place of residence, if any, and the name of the State in which the new applicant or new owner has a valid and non-fictitious industrial or commercial enterprise, if any; (vii) the basis for the requested change.       (b) A Contracting Party may require that the application contain:       (i) a statement that the information contained in the application is correct and reliable; (ii) information concerning any public interest of that Contracting Party.       (2) [Documentation concerning the basis for the change of the applicant or owner] (a) If the change of the applicant or owner is the result of the conclusion of a contract, the Contracting Party may require that this application contain information concerning the registration of the contract, if registration is mandatory under applicable law, and that to the application, at the choice of the applicant On the other hand, one of the following documents was attached:       (i) a copy of the contract, which may be required, that such a copy be certified as corresponding to the original contract, at the option of the requesting party, by a notary public, or any other competent government authority, or, if permitted by applicable law, by a representative authorized to conduct business in the office.;       (ii) an extract from the contract reflecting the amendment, and it may be required that such extract be certified as a valid extract from the contract, at the option of the requesting party, by a notary public, or any other competent government authority, or, if permitted by applicable law, by a representative authorized to conduct business with the office.;       (iii) an unverified certificate of transfer of ownership under the contract, having the contents prescribed in the Standard International Form for the Certificate of Transfer, and signed by both the applicant and the new applicant, or by both the owner and the new owner.       (b) If the change in the applicant or owner is the result of a merger, reorganization or separation of a legal entity, the Contracting Party may require that the application be accompanied by a copy of a document drawn up by the competent authority proving the merger, reorganization or separation of the legal entity, and any allocation of relevant rights, for example, a copy of an extract from the commercial register. A Contracting Party may also require that a copy be certified as corresponding to the original document, at the option of the requesting party, by the issuing authority, or by a notary public or any other competent government authority, or, if permitted by applicable law, by a representative authorized to conduct business with the Office.       (c) If the applicant's or owner's change is not the result of a contract, merger, or reorganization or separation of a legal entity, but is caused by other reasons, such as an act of law or a court decision, the Contracting Party may require that a copy of the document proving the change be attached to the application. A Contracting Party may also require that a copy be certified as corresponding to the original document, at the option of the requesting party, by the authority that issued the document, or by a notary public or any other competent government authority, or, if permitted by applicable law, by a representative authorized to conduct business with the Office.       (d) In the case of a change in the identity of one or more, but not all, co-applicants or co-owners, a Contracting Party may require that proof of consent to the change be provided to the Office of any co-applicant or co-owner who is not subject to the change.       (3) [Translation] A Contracting Party may require a translation of any document submitted pursuant to paragraph (2), which is presented in a language other than that accepted by the Office.       (4) [Fees] A Contracting Party may require payment of a fee in respect of the application referred to in paragraph (1).       (5) [One application] One application is sufficient, even if the change relates to several applications or patents of the same person or to one or more applications and one or more patents of the same person, provided that the change of the applicant or owner is the same for all relevant applications and patents, and in The application contains the numbers of all relevant applications and patents. If this single application is submitted on paper or in any other way permitted by the Office, the Contracting Party may require that a separate copy be provided for each application and patent to which the application relates.       (6) [Evidence] A Contracting Party may require the submission of evidence to the Office or, in the case of paragraph (2), additional evidence, only if that Office has reason to doubt the accuracy of any indication contained in the application or in any document referred to in this rule, or the accuracy of any translation referred to in paragraph (3).       (7) [Prohibition of other requirements] No Contracting Party may require, in respect of an application referred to in this regulation, the fulfillment of formal requirements other than those referred to in paragraphs (1) to (6), unless otherwise provided by the Treaty or prescribed by these Regulations.       (8) [Notification; non-compliance], as amended, rule 15(6) and (7) shall apply in the case of non-compliance with one or more of the requirements applicable under paragraphs (1) to (5), or if evidence or additional evidence is required under paragraph (6). (9) [Exception in respect of authorship] A Contracting Party may exclude the application of this rule with respect to changes in authorship. The concept of authorship is determined in accordance with applicable law.

  Rule 17 Application for registration of a license or pledge

(1) [Application for an entry on a license] (a) If, under applicable law, an entry on a license may be made in respect of an application or patent, a Contracting Party shall permit the application for an entry on that license to be filed in a communication signed by the licensor or licensee, stating: (i) that that a record of the license is requested; (ii) the number of the relevant application or patent; (iii) the name and address of the licensor; (iv) the name and address of the licensee;       (v) whether the license is exclusive or non-exclusive; (vi) the name of the State of which the licensee is a national, if he is a national of any State, the name of the State in which the licensee has his place of residence, if any, and the name of the State in which the licensee has a valid and non-fictitious industrial or commercial an enterprise, if any.       (b) A Contracting Party may require that the application contain:       (i) a statement that the information contained in the application is correct and reliable; (ii) information concerning any government interest of that Contracting Party; (iii) information concerning the registration of the license, if registration is mandatory under applicable law; (iv) the date and duration of the license.       (2) [Documentation concerning the basis for the license] (a) If the license is the result of a freely entered into agreement, a Contracting Party may require that one of the following documents be attached to the application at the choice of the requesting Party:       (i) a copy of the agreement, and it may be required that such copy be certified as corresponding to the original agreement, at the option of the requesting party, by a notary public or any other competent government authority or, if permitted by applicable law, by a representative, having the right to conduct business in the department.       (ii) an extract from the agreement containing those parts of this agreement that reflect the licensed rights and their scope, and it may be required that such extract be certified as a valid extract from the agreement at the option of the requesting party by a notary public or other competent government authority or, if permitted by applicable law, by a representative who has the right to conduct business in the department.       (b) If the license is the result of a freely entered into agreement, a Contracting Party may require any applicant, holder, licensee of the exclusive license, co-applicant, co-owner or co-licensee of the exclusive license who is not a party to this agreement to consent to the entry of this agreement in a communication submitted to the Office.       (c) If the license is not the result of a freely entered agreement, for example, it is the result of a law or a court decision, the Contracting Party may require that a copy of the document proving the existence of the license be attached to the application. The Contracting Party may also require that this copy be certified as corresponding to the original document, at the option of the requesting party, by the issuing authority, or by a notary public, or any other competent government authority, or, if permitted by applicable law, by a representative authorized to conduct business with the Office.       (3) [Translation] A Contracting Party may require a translation of any document submitted pursuant to paragraph (2), which is presented in a language other than that accepted by the Office.       (4) [Fees] A Contracting Party may require payment of a fee in respect of an application referred to in paragraph (1). (5) [One application] Subject to the relevant amendments, rule 16(5) applies to applications for registration of a license.       (6) [Evidence] Subject to the relevant amendments, rule 16(6) applies to applications for registration of a license.       (7) [Prohibition of other requirements] No Contracting Party may require, in respect of an application referred to in paragraph (1), the fulfillment of formal requirements other than those referred to in paragraphs (1) to (6), unless otherwise provided by the Treaty or prescribed by these Regulations.       (8) [Notification; non-compliance], as amended, rule 15(6) and (7) shall apply in the case of non-compliance with one or more of the requirements applicable under paragraphs (1) to (5), or if evidence or additional evidence is required under paragraph (6). (9) [Application for amendment pledge records or cancellation of a license or pledge record] Mutatis mutandis, paragraphs (1) to (8) apply to applications for: (i) the recording of a pledge in respect of an application or patent;       (ii) revocation of the record of the license or pledge in respect of the application or patent.

  Rule 18 Request for correction of an error

     (1) [Application] (a) If the application, patent, or any application submitted to the Office in respect of the application or patent contains an error unrelated to the search or substantive examination, which is correctable by the Office in accordance with applicable law, the Office shall authorize the filing of a request for correction of this error in the materials and publications of the Office in a communication, submitted to this Office, signed by the applicant or the owner and containing the following instructions:       (i) an indication that a correction of the error is requested; (ii) the number of the relevant application or patent;       (iii) an indication of the error being corrected; (iv) an indication of the correction being made; (v) the name and address of the requesting party.       (b) A Contracting Party may require that a replacement part or a part containing a correction be attached to the application, or, if paragraph (3) applies, such a replacement part or a part containing a correction, for each application and patent to which the application relates.       (c) A Contracting Party may require that the application be accompanied by a statement from the requesting Party stating that the error was made unintentionally.       (d) A Contracting Party may require that the application be accompanied by a statement from the requesting Party stating that the said application was filed without undue delay or, at the option of the Contracting Party, that it was filed without intentional delay, immediately after the error was discovered.       (2) [Fees] (a) Subject to subparagraph (b), a Contracting Party may require payment of a fee in respect of an application pursuant to paragraph (1). (b) The Office corrects its own errors ex officio or upon request, without charging a fee.       (3) [One petition] As amended, rule 16(5) applies to requests for correction of an error, provided that the error and the requested correction are the same for all relevant applications and patents.       (4) [Evidence] A Contracting Party may require that evidence be provided to the Office in support of the request only if the Office has reason to doubt that the alleged error is indeed an error, or if it has reason to doubt the reliability of any material or document submitted in connection with the request for correction of the error.       (5) [Prohibition of other requirements] No Contracting Party may require, in respect of an application referred to in paragraph (1), the fulfillment of formal requirements other than those provided for in paragraphs (1) to (4), unless otherwise provided by the Treaty or prescribed by these Regulations.       (6) [Notification; non-compliance] As amended, rule 15(6) and (7) apply in the case of non-compliance with one or more of the requirements applicable under paragraphs (1) to (3), or if proof is required under paragraph (4).       (7) [Exceptions] (a) A Contracting Party may exclude the application of this rule with respect to changes in authorship. The concept of authorship is determined in accordance with applicable law.       (b) A Contracting Party may exclude the application of this rule in respect of any error that must be corrected in that Contracting Party in accordance with the patent re-grant procedure.

  Rule 19 Method of identification of an application without its number

     (1) [Identification method] If it is necessary to identify an application by its number, but such a number has not yet been assigned or is not known to the person concerned or his representative, the application is considered identified if, at that person's choice, one of the following information is provided: (i) the temporary application number assigned by the Office, if any; (ii) a copy of the application in the application together with with the date on which the application was sent to the office;       (iii) the case number assigned to the application by the applicant or his representative and indicated in the application, together with the applicant's name and address, the name of the invention and the date on which the application was sent to the Office.       (2) [Prohibition of other requirements] No Contracting Party may require the submission of means of identification other than those referred to in paragraph (1) for the purpose of identifying an application if its number has not yet been assigned or is unknown to the person concerned or his representative.

  Rule 20 Approval of Standard International Forms

(1) [Model International forms] (a) In accordance with article 14 (1)(c), the Assembly shall adopt, in each of the languages referred to in article 25 (1), Model International Forms for:       (i) power of attorney; (ii) petitions to make a record of a change in name or address; (iii) petitions to make a record of a change in the applicant or owner; (iv) certificate of transfer; (v) petitions to make or cancel a license entry; (vi) petitions to make or cancel an entry (vii) requests for correction of an error.       (2) [Amendments referred to in rule 3(2(i)] The Assembly shall approve the amendments to the application form in accordance with the Patent Cooperation Treaty referred to in rule 3(2)(i). (3) [Proposals submitted by the International Bureau] The International Bureau shall submit proposals to the Assembly for consideration concerning:       (i) approval of the Standard International Forms referred to in paragraph (1); (ii) amendments to the application form in accordance with the Patent Cooperation Agreement referred to in paragraph (2).

  Rule 21 The requirement of unanimity under article 14(3)

     The approval or amendment of the following rules requires a unanimous decision:       (i) any rules under Article 5(1)(a); (ii) any rules under Article 6(1)(iii); (iii) any rules under Article 6(3); (iv) any rules under Article 7(2)(a)(iii); (v) Rule 8(1)(a); (vi) this rule.

     RCPI's note: The following are the texts of the Agreement in English, French and Chinese.

 

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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