(3) The amendments shall be in accordance with the national law of the
elected State in all respects not provided for in this Treaty and the Regulations.
(4) Where an elected Office requires a translation of the international
application, the amendments shall be in the language of the translation.
Results of National Examination in Elected Offices
No elected Office receiving the international preliminary examination report
may require that the applicant furnish copies, or information on the contents, of
any papers connected with the examination relating to the same international
application in any other elected Office.
Seeking Certain Kinds of Protection
In respect of any designated or elected State whose law provides for the
grant of inventors’ certificates, utility certificates, utility models, patents or
certificates of addition, inventors’ certificates of addition, or utility certificates
of addition, the applicant may indicate, as prescribed in the Regulations, that his
international application is for the grant, as far as that State is concerned, of an
inventor’s certificate, a utility certificate, or a utility model, rather than a patent,
or that it is for the grant of a patent or certificate of addition, an inventor’s
certificate of addition, or a utility certificate of addition, and the ensuing effect
shall be governed by the applicant’s choice. For the purposes of this Article
and any Rule thereunder, Article 2(ii) shall not apply.
Seeking Two Kinds of Protection
In respect of any designated or elected State whose law permits an
application, while being for the grant of a patent or one of the other kinds of
protection referred to in Article 43, to be also for the grant of another of the said
kinds of protection, the applicant may indicate, as prescribed in the Regulations,
the two kinds of protection he is seeking, and the ensuing effect shall be
governed by the applicant’s indications. For the purposes of this Article,
Article 2(ii) shall not apply.
Regional Patent Treaties
(1) Any treaty providing for the grant of regional patents (“regional patent
treaty”), and giving to all persons who, according to Article 9, are entitled to
file international applications the right to file applications for such patents, may
provide that international applications designating or electing a State party to
both the regional patent treaty and the present Treaty may be filed as
applications for such patents.
(2) The national law of the said designated or elected State may provide that
any designation or election of such State in the international application shall
have the effect of an indication of the wish to obtain a regional patent under the
regional patent treaty.
Incorrect Translation of the International Application
If, because of an incorrect translation of the international application, the
scope of any patent granted on that application exceeds the scope of the
international application in its original language, the competent authorities of
the Contracting State concerned may accordingly and retroactively limit the
scope of the patent, and declare it null and void to the extent that its scope has
exceeded the scope of the international application in its original language.
(1) The details for computing time limits referred to in this Treaty are
governed by the Regulations.
(2)(a) All time limits fixed in Chapters I and II of this Treaty may, outside
any revision under Article 60, be modified by a decision of the Contracting
(b) Such decisions shall be made in the Assembly or through voting by
correspondence and must be unanimous.
(c) The details of the procedure are governed by the Regulations.
Delay in Meeting Certain Time Limits
(1) Where any time limit fixed in this Treaty or the Regulations is not met
because of interruption in the mail service or unavoidable loss or delay in the mail, the time limit shall be deemed to be met in the cases and subject to the
proof and other conditions prescribed in the Regulations.
(2)(a) Any Contracting State shall, as far as that State is concerned, excuse,
for reasons admitted under its national law, any delay in meeting any time limit.
(b) Any Contracting State may, as far as that State is concerned, excuse,
for reasons other than those referred to in subparagraph (a), any delay in
meeting any time limit.
Right to Practice before International Authorities
Any attorney, patent agent, or other person, having the right to practice
before the national Office with which the international application was filed,
shall be entitled to practice before the International Bureau and the competent
International Searching Authority and competent International Preliminary
Examining Authority in respect of that application.
Patent Information Services
(1) The International Bureau may furnish services by providing technical
and any other pertinent information available to it on the basis of published
documents, primarily patents and published applications (referred to in this
Article as “the information services”).
(2) The International Bureau may provide these information services either
directly or through one or more International Searching Authorities or other
national or international specialized institutions, with which the International
Bureau may reach agreement.
(3) The information services shall be operated in a way particularly
facilitating the acquisition by Contracting States which are developing countries
of technical knowledge and technology, including available published
(4) The information services shall be available to Governments of
Contracting States and their nationals and residents. The Assembly may decide
to make these services available also to others.
(5)(a) Any service to Governments of Contracting States shall be furnished
at cost, provided that, when the Government is that of a Contracting State which is a developing country, the service shall be furnished below cost if the
difference can be covered from profit made on services furnished to others than
Governments of Contracting States or from the sources referred to in