INTERNATIONAL APPLICATION AND INTERNATIONAL SEARCH
The International Application
(1) Applications for the protection of inventions in any of the Contracting
States may be filed as international applications under this Treaty.
(2) An international application shall contain, as specified in this Treaty and
the Regulations, a request, a description, one or more claims, one or more
drawings (where required), and an abstract.
(3) The abstract merely serves the purpose of technical information and
cannot be taken into account for any other purpose, particularly not for the
purpose of interpreting the scope of the protection sought.
(4) The international application shall:
(i) be in a prescribed language;
(ii) comply with the prescribed physical requirements;
(iii) comply with the prescribed requirement of unity of invention;
(iv) be subject to the payment of the prescribed fees.
(1) The request shall contain:
(i) a petition to the effect that the international application be processed
according to this Treaty;
(ii) the designation of the Contracting State or States in which protection
for the invention is desired on the basis of the international application
(“designated States”); if for any designated State a regional patent is available
and the applicant wishes to obtain a regional patent rather than a national
patent, the request shall so indicate; if, under a treaty concerning a regional
patent, the applicant cannot limit his application to certain of the States party to
that treaty, designation of one of those States and the indication of the wish to
obtain the regional patent shall be treated as designation of all the States party
to that treaty; if, under the national law of the designated State, the designation
of that State has the effect of an application for a regional patent, the designation of the said State shall be treated as an indication of the wish to
obtain the regional patent;
(iii) the name of and other prescribed data concerning the applicant and
the agent (if any);
(iv) the title of the invention;
(v) the name of and other prescribed data concerning the inventor where
the national law of at least one of the designated States requires that these
indications be furnished at the time of filing a national application. Otherwise,
the said indications may be furnished either in the request or in separate notices
addressed to each designated Office whose national law requires the furnishing
of the said indications but allows that they be furnished at a time later than that
of the filing of a national application.
(2) Every designation shall be subject to the payment of the prescribed fee
within the prescribed time limit.
(3) Unless the applicant asks for any of the other kinds of protection
referred to in Article 43, designation shall mean that the desired protection
consists of the grant of a patent by or for the designated State. For the purposes
of this paragraph, Article 2(ii) shall not apply.
(4) Failure to indicate in the request the name and other prescribed data
concerning the inventor shall have no consequence in any designated State
whose national law requires the furnishing of the said indications but allows
that they be furnished at a time later than that of the filing of a national
application. Failure to furnish the said indications in a separate notice shall
have no consequence in any designated State whose national law does not
require the furnishing of the said indications.
The description shall disclose the invention in a manner sufficiently clear
and complete for the invention to be carried out by a person skilled in the art.
The claim or claims shall define the matter for which protection is sought.
Claims shall be clear and concise. They shall be fully supported by the
(1) Subject to the provisions of paragraph (2)(ii), drawings shall be required
when they are necessary for the understanding of the invention.
(2) Where, without being necessary for the understanding of the invention,
the nature of the invention admits of illustration by drawings:
(i) the applicant may include such drawings in the international
application when filed,
(ii) any designated Office may require that the applicant file such
drawings with it within the prescribed time limit.
(1) The international application may contain a declaration, as prescribed in
the Regulations, claiming the priority of one or more earlier applications filed in
or for any country party to the Paris Convention for the Protection of Industrial
(2)(a) Subject to the provisions of subparagraph (b), the conditions for, and
the effect of, any priority claim declared under paragraph (1) shall be as
provided in Article 4 of the Stockholm Act of the Paris Convention for the
Protection of Industrial Property.
(b) The international application for which the priority of one or more
earlier applications filed in or for a Contracting State is claimed may contain the
designation of that State. Where, in the international application, the priority of
one or more national applications filed in or for a designated State is claimed, or
where the priority of an international application having designated only one
State is claimed, the conditions for, and the effect of, the priority claim in that
State shall be governed by the national law of that State.
(1) Any resident or national of a Contracting State may file an international
(2) The Assembly may decide to allow the residents and the nationals of
any country party to the Paris Convention for the Protection of Industrial
Property which is not party to this Treaty to file international applications.
(3) The concepts of residence and nationality, and the application of those
concepts in cases where there are several applicants or where the applicants are
not the same for all the designated States, are defined in the Regulations.