Verdrag tot samenwerking inzake octrooien, Washington, 19-06-1970

Opmerkingen

1. De wijzigingen van deze regel zijn van toepassing op elke internationale aanvrage waarvoor het ontvangende Bureau op of na 1 juli 2020 voor het eerst een of meer van de in artikel 11, eerste lid, onder iii) bedoelde elementen heeft ontvangen.1)
2. Shall apply to international applications whose international filing date is on or after July 1, 2011 (Trb. 2011/56).2)
3. This Rule shall apply to international applications whose international filing date is on or after January 1, 2009 (Trb. 2008/175).3)
4. This Rule:
   (1)shall apply to international applications whose international filing date is on or after April 1, 2007, provided that Rules 20.8(a-bis) and c), 55.2(a-bis) and 76.5 as amended shall not apply to international applications in respect of which one or more elements referred to in Article 11(1)(iii) were first received by the receiving Office before April 1, 2007;(2)shall not apply to international applications whose international filing date is before April 1, 2007, provided that:a)Rule 43.4 as amended shall apply to any international application in respect of which an international search report is established on or after April 1, 2007, whether the international filing date is before, on or after April 1, 2007;b)Rule 48.3c) as amended shall apply to any international application which is published under Article 21 on or after April 1, 2007, whether the international filing date is before, on or after April 1, 2007;c)Rules 54bis.1 and 55.2(a-ter), c) and d) as amended shall apply to any international application in respect of which a demand for international preliminary examination is made on or after April 1, 2007, whether the international filing date is before, on or after April 1, 2007 (Trb. 2007/46).4)
5. This Rule:
   a)shall apply to international applications whose international filing date is on or after April 1, 2007, provided that Rules 4.1c)(iv), 4.18, 4.19, 12.1bis, 12.3, 20.1 to 20.9, 21.2, 22.1, 26.1, 26.2, 26.3ter, 26.5, 26.6, 48.2b)(v), 51.1, 51.2, 51bis.1, 55.2 and 82ter.1 as amended shall not apply to international applications in respect of which one or more elements referred to in Article 11(1)(iii) were first received by the receiving Office before April 1, 2007;b)shall not apply to international applications whose international filing date is before April 1, 2007, provided that:(i)Rule 34.1 as amended shall apply to any international search carried out on or after April 1, 2007;(ii)Rules 43.6bis, 43bis.1b), 66.1, 66.4bis and 70.2e) as amended shall apply to international search reports, written opinions and international preliminary examination reports established on or after April 1, 2007, in respect of international applications whose international filing date is before April 1, 2007, as though the references in those Rules to rectifications of obvious mistakes authorized under Rule 91.1 as amended were references to rectifications of obvious errors authorized under existing Rule 91.1;(iii)Rule 49ter.2 as amended shall apply to international applications whose international filing date is before April 1, 2007, and in respect of which the acts referred to in Article 22(1) are performed on or after April 1, 2007;(iv)Rule 76.5 as amended, to the extent that it has the effect of making Rule 49ter.2 applicable, shall apply to international applications whose international filing date is before April 1, 2007, and in respect of which the acts referred to in Article 39(1)a) are performed on or after April 1, 2007 (Trb. 2006/214).5)
6. The Rule as amended:
   a)shall enter into force on April 1, 2006, and shall apply to international applications whose international filing date is on or after April 1, 2006;b)shall not apply to international applications whose international filing date is before April 1, 2006, provided that:(i)Rules 13bis.4, 47.1, 48.1 and 48.2 as amended shall apply to international applications whose international filing date is before April 1, 2006, and which are published under Article 21 on or after April 1, 2006;(ii)Rules 26bis.2 and 91.1 as amended shall apply to international applications whose international filing date is before April 1, 2006, and whose communication under Article 20 is on or after April 1, 2006;(iii)Rules 86.1 and 86.2 as amended shall apply to issues of the Gazette published on or after April 1, 2006, regardless of the international filing dates of the international applications to which those issues relate;(iv)Rules 87.1 and 87.2 as amended shall apply to the communication of international applications, the Gazette and other publications on or after April 1, 2006, regardless, where applicable, of the international filing dates of the international applications concerned (Trb. 2006/77).6)
7. This rule as amended:
   a) shall apply to any international application whose international filing date is on or after January 1, 2004, provided that: (i) Rule 15.4 and the Schedule of Fees as worded before their amendment shall continue to apply to any international application which is received by the receiving Office before January 1, 2004, and is accorded an international filing date that is on or after January 1, 2004; (ii) Rule 47.1c) and e) as amended shall apply to any international application whose international filing date is on or after January 1, 2004, in respect of a designated Office which has made a notification under paragraph (2) of the decisions of the Assembly set out in Annex IV of document PCT/A/30/7, and which has not withdrawn that notification under paragraph (3) of those decisions, as though the reference in each of Rule 47.1c) and e) to ‘‘28 months’’ was a reference to ‘‘19 months,’’ with the consequence that two notifications under Rule 47.1c) shall, if applicable, be sent in respect of such an application; b) shall not apply to any international application whose international filing date is before January 1, 2004, provided that: (i) Rules 53.4, 53.7, 60.1, 61.2 and 90bis.5(b) as amended, the Rules as amended that are referred to in those Rules and the deletion of Rules 56, 60.2 and 61.1c) shall apply to any international application in respect of which a demand for international preliminary examination is filed on or after January 1, 2004, whether the international filing date of the international application is before, on or after January 1, 2004; (ii) new Rule 94.1c) shall apply to the furnishing on or after January 1, 2004, of copies of the international preliminary examination report in respect of any international application, whether the international filing date of the application is before, on or after January 1, 2004 (Trb. 2004/242).7)
8. The Rules as amended will not apply to any international application whose international filing date is before January 1, 2003, provided that:(iii), apply to any international application whose international filing date is before January 1, 2003, and in respect of which the applicable time limit under Article 39(1) expires on or after January 1, 2003;
   (i) new Rule 49.6a) to (e) shall, subject to item (iii), apply to any international application whose international filing date is before January 1, 2003, and in respect of which the applicable time limit under Article 22 expires on or after January 1, 2003;(ii) to the extent that new Rule 49.6a) to (e) is applicable by virtue of Rule 76.5, the latter Rule shall, subject to item (iii) where a designated Office informs the International Bureau under paragraph (f) of Rule 49.6 that paragraphs a) to (e) of that Rule are not compatible with the national law applied by that Office, items (i) and (ii) of this paragraph shall apply in respect of that Office except that each reference in those items to the date January 1, 2003, shall be read as a reference to the date of entry into force of Rule 49.6a) to (e) in respect of that Office (Trb. 2004/42).8)
9. De wijzigingen inzake Regel 48.3a) en b) zullen op hetzelfde moment van toepassing zijn als het onderhavige Verdrag met betrekking tot de Staat die als eerste onder de Spaanstalige Staten, het onderhavige Verdrag bekrachtigt of ertoe toetreedt.9)