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Records of the Washington Diplomatic Conference on PCT (1970)

Reprint: 2019 of WIPO original document

Pete Pollard • Boek • paperback

  • Samenvatting
    Between 25 May 1970 and 19 June 1970, the Washington Diplomatic Conference took place to finalise the text of the Patent Cooperation Treaty (Articles) and the Regulations.

    We are simply providing a convenient printing service to make this useful document more easily accessible.
    No copyright is claimed - the text of this book is available for free download from the WIPO website: www.wipo.int/pct/en/texts/washington.html
    The original content is unchanged, so WIPO is acknowledged as the source.

    The book has been reduced to 165 x 241mm. It is 844 pages (2.9cm thick), and is printed in black and white on thin 50gr bible-paper (865g). It has been made a little larger than A5 to improve readability.

    This book is useful for anyone studying the PCT, and its history. By having it on paper, it is more convenient to jump between the different sections. As well as many comments from the delegations, it also contains the original text of the articles and rules as entered into force on 1 June 1978.

    Most useful are the notes by the WIPO giving some background, how each provision relates to the rest of PCT and cross-references between the corresponding articles and rules. The indexes are also quite detailed, allowing discussions to be found about particular provisions.

    This is a historic document and does not reflect the current legal status of PCT - the articles and rules have been amended many times since this version.
    For the latest legal status: www.wipo.int/pct/en/texts/index.html
    A history for each rule amendment: www.wipo.int/pct/en/texts/pdf/pct_regulations_history.pdf

    In addition, national case law may have modified or even reversed some of the interpretations presented.

    For an up-to-date PCT (and EPC) reference, go to: www.epcapp.net/en
  • Productinformatie
    Binding : Paperback
    Distributievorm : Boek (print, druk)
    Formaat : 164mm x 241mm
    Aantal pagina's : 842
    Uitgeverij : Fireball Patents
    ISBN : Niet bekend
    Datum publicatie : 09-2019
  • Inhoudsopgave
    FINAL TEXT PATENT COOPERATION TREATY (PCT)
    - Articles, WIPO notes, cross-references .......................................................... 9 - 76
    - Regulations (Rules), WIPO notes, cross-references .................................... 77 - 161

    FINAL ACT and Signatories .............................................................................. 165

    CONFERENCE DOCUMENTS (PCT/DC/1 to PCT/DC/131)
    - MAIN Series = proposed amendments of drafts & observations ............ 173 - 515
    including: --- July 1969 and March 1970 Draft (side-by-side) ...................... 282 - 515

    - WORKING GROUP (WG) Series = substantive discussions ....................... 516 - 523

    - INFORMATION (INF) Series = lists of documents ....................................... 524 - 527

    - MISC. Series = procedural rules, agenda, plenary speeches .................... 528 - 537

    - PARTICIPANTS IN THE CONFERENCE ........................................................... 539 - 550

    - VERBATIM AND SUMMARY MINUTES = plenary, main committees ......... 551 - 735

    POST-CONFERENCE DOCUMENTS
    - History of PCT ................................................................................................. 741 - 745
    - Summary and Advantages of PCT ................................................................ 746 - 758
    - Main Differences between 1969 Drafts and Final Texts ............................ 759 - 762

    INDEXES = referring to page numbers in these Records
    - A. Index to Articles and Rules ........................................................................ 769 - 797
    - B. Catchword List and Index as mentioned in Articles & Rules ................. 798 - 826
    - Index of States ................................................................................................. 827 - 831
    - Index of Organizations ................................................................................... 832 - 833
    - Index of Participants ....................................................................................... 834 - 844
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Fragment

Article 17
Procedure Before the International Searching Authority

(3)(a) If the International Searching Authority considers that the international application does not comply with the requirement of unity of invention as set forth in the Regulations, it shall invite the applicant to pay additional fees. The International Searching Authority shall establish the international search report on those parts of the international application which relate to the
invention first mentioned in the claims (“main invention”) and, provided the required additional fees have been paid within the prescribed time limit, on those parts of the international application which relate to inventions in respect of which the said fees were paid.

WIPO Notes:
PARAGRAPH (3)(a): The concept of unity of invention is defined in Rule 13, and the procedure before the International Searching Authority in case of lack of unity of invention is governed by Rule 40. See Rule 40.3, for the prescribed time limit for payment of the additional fees. The additional fees may be paid under protest (see Rule 40.2(c)). There is no possibility of dividing the international application in the international phase.
It goes without saying that any designated Office or the courts of any designated State may disagree with the interpretation that the International Searching Authority gives to Rule 13 in any given case. Consequently, for example:
(i) The International Searching Authority has asked for additional fees: the designated Office or the courts of the designated State may still consider that there is unity of invention, even if the applicant has complied with the invitation of the Authority.
(ii) The said Authority has asked for X number of additional fees: the designated Office may still ask for a division of the application into Y number of parts, even if the applicant has complied with the invitation of the Authority.
(iii) The said Authority has not asked for additional fees: the designated Office or the courts of the designated State may still find that there is no unity of invention, with the consequences which its national law provides for such cases.

PARAGRAPH (3)(b): The consequences provided for in this paragraph are the only consequences of not complying with the invitation issued under paragraph (3)(a).
“National law” and “national Office” are defined in Article 2(x) and (xii), respectively. ×
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