Commonwealth Numbered Regulations Commonwealth Numbered Regulations[1] Subregulation 1.4 (2)
omit
1 January 2001
insert
1 March 2001
[2] Schedule 2A, subparagraph 4.1 ( c ) (ii)
substitute
(ii) a request to the receiving Office to prepare and transmit the
priority document to the International Bureau where the application whose
priority is claimed was filed with the national Office or intergovernmental
authority which is the receiving Office,
(iii) declarations as provided in Rule 4.17.
[3] Schedule 2A, after paragraph 4.5 ( d )
insert
( e ) Where the applicant is registered with the national Office that is acting as receiving Office, the request may indicate the number or other indication under which the applicant is so registered.
[4] Schedule 2A, paragraph 4.6 ( a )
after
Rule 4.1 ( a ) (v)
insert
or ( c ) (i)
[5] Schedule 2A, rule 4.7
substitute
( a ) If an agent
is appointed, the request shall so indicate, and shall state the
agent's name and address.
( b ) Where the agent is registered with
the national Office that is acting as receiving Office, the request
may indicate the number or other indication under which the agent is
so registered.
[6] Schedule 2A, rule 4.8
omit
designated
insert
appointed
[7] Schedule 2A, rule 4.17
substitute
4.17 Declarations Relating to National Requirements Referred to in Rule 51 bis .1 (a) (i) to (v)
The request may, for the purposes of the national law applicable in one or more designated States, contain one or more of the following declarations, worded as prescribed by the Administrative Instructions:
(i) a declaration as to the identity of
the inventor, as referred to in Rule 51 bis .1 ( a
) (i);
(ii) a declaration as to the applicant's entitlement, as at the
international filing date, to apply for and be granted a patent, as
referred to in Rule 51 bis .1 ( a ) (ii);
(iii) a declaration as to the applicant's entitlement, as at the
international filing date, to claim priority of the earlier
application, as referred to in Rule 51 bis .1 ( a ) (iii);
(iv) a declaration of inventorship, as referred to in Rule 51 bis .1 (
a ) (iv), which shall be signed as prescribed by the
Administrative Instructions;
(v) a declaration as to non-prejudicial disclosures or exceptions to lack
of novelty, as referred to in Rule 51 bis .1 ( a ) (v).
4.18 Additional Matter
( a ) The request shall contain no matter
other than that specified in Rules 4.1 to 4.17, provided
that the Administrative Instructions may permit, but cannot make
mandatory, the inclusion in the request of any additional matter
specified in the Administrative Instructions.
( b ) If the request
contains matter other than that specified in Rules 4.1 to 4.17 or
permitted under paragraph ( a ) by the Administrative Instructions,
the receiving Office shall ex officio delete the additional matter.
[8] Schedule 2A, after rule 26 bis
insert
26 ter .1 Correction or Addition of Declarations
The applicant may correct or add to the request any declaration referred to in Rule 4.17 by a notice submitted to the International Bureau within a time limit of 16 months from the priority date, provided that any notice which is received by the International Bureau after the expiration of that time limit shall be considered to have been received on the last day of that time limit if it reaches it before the technical preparations for international publication have been completed.
26 ter .2 Processing of Declarations
( a ) Where the receiving Office or the International Bureau finds
that any declaration referred to in Rule 4.17 is not worded as
required or, in the case of the declaration of inventorship referred
to in Rule 4.17 (iv), is not signed as required, the receiving
Office or the International Bureau, as the case may be, may invite the
applicant to correct the declaration within a time limit of 16 months
from the priority date.
( b ) Where the International Bureau receives
any declaration or correction under Rule 26 ter .1 after the
expiration of the time limit under Rule 26 ter .1, the International
Bureau shall notify the applicant accordingly and shall proceed as
provided for in the Administrative Instructions.
[9] Schedule 2A, after rule 47.1 ( a bis )
insert
( a ter ) The notification under paragraph ( a bis ) shall include any declaration referred to in Rule 4.17 (i) to (iv), and any correction thereof under Rule 26 ter .1, which was received by the International Bureau before the expiration of the time limit under Rule 26 ter .1, provided that the designated Office has informed the International Bureau that the applicable national law requires the furnishing of documents or evidence relating to the matter to which the declaration relates.
[10] Schedule 2A, rule 48.2 ( a ) (ix)
substitute
(ix) any
information concerning a priority claim considered not to have been
made under Rule 26 bis .2 ( b ), the publication of which is
requested under Rule 26 bis .2 ( c ),
(x) any declaration referred to in Rule 4.17 (v), and any correction
thereof under Rule 26 ter .1, which was received by the
International Bureau before the expiration of the time limit under
Rule 26 ter .1.
[11] Schedule 2A, rule 48.2 ( b ) (iii)
substitute
(iii) the abstract; if the abstract is both in English and
in another language, the English text shall appear first,
(iv) an indication that the request contains any declaration referred to in
Rule 4.17 which was received by the International Bureau before the
expiration of the time limit under Rule 26 ter .1.
[12] Schedule 2A, rule 51 bis .1 ( a )
substitute
( a ) Subject to Rule 51 bis .2, the national law applicable by the designated Office may, in accordance with Article 27, require the applicant to furnish, in particular:
(i) any document relating to the identity of the
inventor,
(ii) any document relating to the applicant's entitlement to apply for or
be granted a patent,
(iii) any document containing any proof of the applicant's entitlement to
claim priority of an earlier application where the applicant is not
the applicant who filed the earlier application or where the
applicant's name has changed since the date on which the earlier
application was filed,
(iv) where the international application designates a State whose national
law requires that national applications be filed by the inventor, any
document containing an oath or declaration of inventorship,
(v) any evidence concerning non-prejudicial disclosures or exceptions to
lack of novelty, such as disclosures resulting from abuse, disclosures
at certain exhibitions and disclosures by the applicant during a
certain period of time.
[13] Schedule 2A, rule 51 bis .1 ( d )
substitute
( d ) The national law applicable by the designated Office may, in accordance with Article 27 (2) (ii), require that the translation of the international application furnished by the applicant under Article 22 be:
(i) verified by the applicant or the
person having translated the international application in a statement
to the effect that, to the best of his knowledge, the translation is
complete and faithful;
(ii) certified by a public authority or sworn translator, but only where
the designated Office may reasonably doubt the accuracy of the
translation.
( e ) The national law applicable by the designated
Office may, in accordance with Article 27, require the applicant
to furnish a translation of the priority document, provided that such
a translation may only be required where the validity of the priority
claim is relevant to the determination of whether the invention
concerned is patentable.
( f ) If, on March 17, 2000, the proviso in
paragraph ( e ) is not compatible with the national law applied by the
designated Office, that proviso shall not apply in respect of that
Office for as long as that proviso continues not to be compatible with
that law, provided that the said Office informs the International
Bureau accordingly by November 30, 2000. The information received
shall be promptly published by the International Bureau in the
Gazette.
[14] Schedule 2A, rule 51 bis .2
substitute
51 bis .2 Certain Circumstances in Which Documents or Evidence May Not Be Required
( a ) Where the applicable national law does not require that national applications be filed by the inventor, the designated Office shall not, unless it may reasonably doubt the veracity of the indications or declaration concerned, require any document or evidence:
(i) relating to the identity of the inventor
(Rule 51 bis .1 ( a ) (i)), if indications concerning the
inventor, in accordance with Rule 4.6, are contained in the request or
if a declaration as to the identity of the inventor, in accordance
with Rule 4.17 (i), is contained in the request or is submitted
directly to the designated Office;
(ii) relating to the applicant's entitlement, as at the international
filing date, to apply for and be granted a patent (Rule 51 bis
.1 ( a ) (ii)), if a declaration as to that matter, in
accordance with Rule 4.17 (ii), is contained in the request or is
submitted directly to the designated Office;
(iii) relating to the applicant's entitlement, as at the international
filing date, to claim priority of an earlier application (Rule 51 bis
.1 ( a ) (iii)), if a declaration as to that matter, in
accordance with Rule 4.17 (iii), is contained in the request or
is submitted directly to the designated Office.
( b ) Where the applicable national law requires that national applications be filed by the inventor, the designated Office shall not, unless it may reasonably doubt the veracity of the indications or declaration concerned, require any document or evidence:
(i) relating
to the identity of the inventor (Rule 51 bis .1 ( a ) (i))
(other than a document containing an oath or declaration of
inventorship (Rule 51 bis .1 ( a ) (iv)), if
indications concerning the inventor, in accordance with Rule 4.6, are
contained in the request;
(ii) relating to the applicant's entitlement, as at the international
filing date, to claim priority of an earlier application (Rule 51 bis
.1 ( a ) (iii)), if a declaration as to that matter, in
accordance with Rule 4.17 (iii), is contained in the request or
is submitted directly to the designated Office;
(iii) containing an oath or declaration of inventorship (Rule 51 bis
.1 ( a ) (iv)), if a declaration of inventorship, in
accordance with Rule 4.17 (iv), is contained in the request or is
submitted directly to the designated Office.
( c ) If, on March 17, 2000, paragraph ( a ) is not compatible, in relation to any item of that paragraph, with the national law applied by the designated Office, paragraph ( a ) shall not apply in respect of that Office in relation to that item for as long as it continues not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by November 30, 2000. The information received shall be promptly published by the International Bureau in the Gazette.
51 bis .3 Opportunity to Comply with National Requirements
( a ) Where any of the requirements referred
to in Rule 51 bis .1 ( a ) (i) to (iv) and ( c ) to ( e ),
or any other requirement of the national law applicable by the
designated Office which that Office may apply in accordance with
Article 27 (1) or (2), is not already fulfilled during the same
period within which the requirements under Article 22 must be complied
with, the designated Office shall invite the applicant to comply with
the requirement within a time limit which shall not be less than two
months from the date of the invitation. Each designated Office may
require that the applicant pay a fee for complying with national
requirements in response to the invitation.
( b ) Where
any requirement of the national law applicable by the designated
Office which that Office may apply in accordance with Article
27 (6) or (7) is not already fulfilled during the same period
within which the requirements under Article 22 must be complied with,
the applicant shall have an opportunity to comply with the requirement
after the expiration of that period.
(c) If, on March 17,
2000, paragraph ( a ) is not compatible with the national law applied
by the designated Office in relation to the time limit referred to in
that paragraph, the said paragraph shall not apply in respect of that
Office in relation to that time limit for as long as the said
paragraph continues not to be compatible with that law, provided that
the said Office informs the International Bureau accordingly by
November 30, 2000. The information received shall be promptly
published by the International Bureau in the Gazette.
[15] Schedule 2A, rule 53.5
omit
designated
insert
appointed
[16] Schedule 2A, rule 66.7 (b)
after
Authority may
insert
, where the validity of the priority claim is relevant for the formulation of the opinion referred to in Article 33 (1),