Effects of the International Publication
(1) As far as the protection of any rights of the applicant in a designated
State is concerned, the effects, in that State, of the international publication of
an international application shall, subject to the provisions of paragraphs (2)
to (4), be the same as those which the national law of the designated State
provides for the compulsory national publication of unexamined national
applications as such.
(2) If the language in which the international publication has been effected
is different from the language in which publications under the national law are
effected in the designated State, the said national law may provide that the
effects provided for in paragraph (1) shall be applicable only from such time as:
(i) a translation into the latter language has been published as provided
by the national law, or
(ii) a translation into the latter language has been made available to the
public, by laying open for public inspection as provided by the national law, or
(iii) a translation into the latter language has been transmitted by the
applicant to the actual or prospective unauthorized user of the invention claimed
in the international application, or
(iv) both the acts described in (i) and (iii), or both the acts described
in (ii) and (iii), have taken place.
(3) The national law of any designated State may provide that, where the
international publication has been effected, on the request of the applicant,
before the expiration of 18 months from the priority date, the effects provided
for in paragraph (1) shall be applicable only from the expiration of 18 months
from the priority date.
(4) The national law of any designated State may provide that the effects
provided for in paragraph (1) shall be applicable only from the date on which a
copy of the international application as published under Article 21 has been
received in the national Office of or acting for such State. The said Office shall
publish the date of receipt in its gazette as soon as possible.
Confidential Nature of the International Application
(1)(a) Subject to the provisions of subparagraph (b), the International
Bureau and the International Searching Authorities shall not allow access by
any person or authority to the international application before the international
publication of that application, unless requested or authorized by the applicant.
(b) The provisions of subparagraph (a) shall not apply to any transmittal
to the competent International Searching Authority, to transmittals provided for
under Article 13, and to communications provided for under Article 20.
(2)(a) No national Office shall allow access to the international application
by third parties, unless requested or authorized by the applicant, before the
earliest of the following dates:
(i) date of the international publication of the international
(ii) date of the receipt of the communication of the international
application under Article 20,
(iii) date of the receipt of a copy of the international application under Article 22.
(b) The provisions of subparagraph (a) shall not prevent any national
Office from informing third parties that it has been designated, or from
publishing that fact. Such information or publication may, however, contain
only the following data: identification of the receiving Office, name of the
applicant, international filing date, international application number, and title of
(c) The provisions of subparagraph (a) shall not prevent any designated
Office from allowing access to the international application for the purposes of
the judicial authorities.
(3) The provisions of paragraph (2)(a) shall apply to any receiving Office
except as far as transmittals provided for under Article 12(1) are concerned.
(4) For the purposes of this Article, the term “access” covers any means by
which third parties may acquire cognizance, including individual
communication and general publication, provided, however, that no national
Office shall generally publish an international application or its translation
before the international publication or, if international publication has not taken
place by the expiration of 20 months from the priority date, before the
expiration of 20 months from the said priority date.
INTERNATIONAL PRELIMINARY EXAMINATION
Demand for International Preliminary Examination
(1) On the demand of the applicant, his international application shall be the
subject of an international preliminary examination as provided in the following
provisions and the Regulations.
(2)(a) Any applicant who is a resident or national, as defined in the
Regulations, of a Contracting State bound by Chapter II, and whose
international application has been filed with the receiving Office of or acting for
such State, may make a demand for international preliminary examination.
(b) The Assembly may decide to allow persons entitled to file
international applications to make a demand for international preliminary
examination even if they are residents or nationals of a State not party to this
Treaty or not bound by Chapter II.
(3) The demand for international preliminary examination shall be made
separately from the international application. The demand shall contain the
prescribed particulars and shall be in the prescribed language and form.
(4)(a) The demand shall indicate the Contracting State or States in which
the applicant intends to use the results of the international preliminary
examination (“elected States”). Additional Contracting States may be elected
later. Election may relate only to Contracting States already designated under
(b) Applicants referred to in paragraph (2)(a) may elect any Contracting
State bound by Chapter II. Applicants referred to in paragraph (2)(b) may elect
only such Contracting States bound by Chapter II as have declared that they are
prepared to be elected by such applicants.
(5) The demand shall be subject to the payment of the prescribed fees
within the prescribed time limit.
(6)(a) The demand shall be submitted to the competent International
Preliminary Examining Authority referred to in Article 32.
(b) Any later election shall be submitted to the International Bureau.
(7) Each elected Office shall be notified of its election.