(i) it shall not be bound by the provisions of Article 39(1) with
respect to the furnishing of a copy of the international application and a
translation thereof (as prescribed),
(ii) the obligation to delay national processing, as provided for under
Article 40, shall not prevent publication, by or through its national Office, of the
international application or a translation thereof, it being understood, however,
that it is not exempted from the limitations provided for in Articles 30 and 38.
(b) States making such a declaration shall be bound accordingly.
(3)(a) Any State may declare that, as far as it is concerned, international
publication of international applications is not required.
(b) Where, at the expiration of 18 months from the priority date, the
international application contains the designation only of such States as have
made declarations under subparagraph (a), the international application shall
not be published by virtue of Article 21(2).
(c) Where the provisions of subparagraph (b) apply, the international
application shall nevertheless be published by the International Bureau:
(i) at the request of the applicant, as provided in the Regulations,
(ii) when a national application or a patent based on the international
application is published by or on behalf of the national Office of any designated
State having made a declaration under subparagraph (a), promptly after such
publication but not before the expiration of 18 months from the priority date.
(4)(a) Any State whose national law provides for prior art effect of its
patents as from a date before publication, but does not equate for prior art
purposes the priority date claimed under the Paris Convention for the Protection of Industrial Property to the actual filing date in that State, may declare that the
filing outside that State of an international application designating that State is
not equated to an actual filing in that State for prior art purposes.
(b) Any State making a declaration under subparagraph (a) shall to that
extent not be bound by the provisions of Article 11(3).
(c) Any State making a declaration under subparagraph (a) shall, at the
same time, state in writing the date from which, and the conditions under which,
the prior art effect of any international application designating that State
becomes effective in that State. This statement may be modified at any time by
notification addressed to the Director General.
(5) Each State may declare that it does not consider itself bound by
Article 59. With regard to any dispute between any Contracting State having
made such a declaration and any other Contracting State, the provisions of
Article 59 shall not apply.
(6)(a) Any declaration made under this Article shall be made in writing. It
may be made at the time of signing this Treaty, at the time of depositing the
instrument of ratification or accession, or, except in the case referred to in
paragraph (5), at any later time by notification addressed to the Director
General. In the case of the said notification, the declaration shall take effect six
months after the day on which the Director General has received the
notification, and shall not affect international applications filed prior to the
expiration of the said six-month period.
(b) Any declaration made under this Article may be withdrawn at any
time by notification addressed to the Director General. Such withdrawal shall
take effect three months after the day on which the Director General has
received the notification and, in the case of the withdrawal of a declaration
made under paragraph (3), shall not affect international applications filed prior
to the expiration of the said three-month period.
(7) No reservations to this Treaty other than the reservations under
paragraphs (1) to (5) are permitted.
(1) If the agreement with any International Searching or Preliminary
Examining Authority provides, transitionally, for limits on the number or kind
of international applications that such Authority undertakes to process, the
Assembly shall adopt the measures necessary for the gradual application of this
Treaty and the Regulations in respect of given categories of international applications. This provision shall also apply to requests for an internationaltype
search under Article 15(5).
(2) The Assembly shall fix the dates from which, subject to the provision of
paragraph (1), international applications may be filed and demands for
international preliminary examination may be submitted. Such dates shall not
be later than six months after this Treaty has entered into force according to the
provisions of Article 63(1), or after Chapter II has become applicable under
Article 63(3), respectively.
(1) Any Contracting State may denounce this Treaty by notification
addressed to the Director General.
(2) Denunciation shall take effect six months after receipt of the said
notification by the Director General. It shall not affect the effects of the
international application in the denouncing State if the international application
was filed, and, where the denouncing State has been elected, the election was
made, prior to the expiration of the said six-month period.
Signature and Languages
(1)(a) This Treaty shall be signed in a single original in the English and
French languages, both texts being equally authentic.
(b) Official texts shall be established by the Director General, after
consultation with the interested Governments, in the German, Japanese,
Portuguese, Russian and Spanish languages, and such other languages as the
Assembly may designate.
(2) This Treaty shall remain open for signature at Washington until
December 31, 1970.
(1) The original of this Treaty, when no longer open for signature, shall be
deposited with the Director General.
(2) The Director General shall transmit two copies, certified by him, of this
Treaty and the Regulations annexed hereto to the Governments of all States
party to the Paris Convention for the Protection of Industrial Property and, on
request, to the Government of any other State.
(3) The Director General shall register this Treaty with the Secretariat of the
(4) The Director General shall transmit two copies, certified by him, of any
amendment to this Treaty and the Regulations to the Governments of all
Contracting States and, on request, to the Government of any other State.
The Director General shall notify the Governments of all States party to the
Paris Convention for the Protection of Industrial Property of:
(i) signatures under Article 62,
(ii) deposits of instruments of ratification or accession under Article 62,
(iii) the date of entry into force of this Treaty and the date from which
Chapter II is applicable in accordance with Article 63(3),
(iv) any declarations made under Article 64(1) to (5),
(v) withdrawals of any declarations made under Article 64(6)(b),
(vi) denunciations received under Article 66, and
(vii) any declarations made under Article 31(4).