REGULATIONS UNDER THE PATENT COOPERATION TREATY PART A INTRODUCTORY RULES RULE 1 ABBREVIATED EXPRESSIONS 1.1 Meaning of Abbreviated Expressions (a) In these Regulations, the word "Treaty" means the Patent Cooperation Treaty. (b) In these Regulations, the words "Chapter" and "Article" refer to the specified Chapter or Article of the Treaty. RULE 2 INTERPRETATION OF CERTAIN WORDS 2.1 "Applicant" Whenever the word "applicant" is used, it shall be construed as meaning also the agent or other clearly representative of the applicant, except where the contrary clearly follows from the wording or the nature of the provision, or the context in which the word is used, such as, in particular, where the provision refers to the residence or nationality of the applicant. 2.2 "Agent" When ever the word "agent" is used, it shall be construed as meaning any person who has the right to practice before international authorities as defined in Article 49 and, unless the contrary clearly follows from the wording or the nature of the provision, or the context in which the word is used, also the common representative referred to in Rule 4.8. 2. 3 "Signature" Whenever the word "signature" is used, it shall be understood that, if the national law applied by the receiving Office or the competent International Searching or Preliminary Examining Authority requires the use of a seal instead of a signature, the word, for the purposes of that Office or Authority, shall mean seal. PART B RULES CONCERNING CHAPTER I OF THE TREATY RULE 3 THE REQUEST (FORM) 3.1 Printed Form The request shall be made on a printed form. 3.2 Availability of Forms Copies of the printed form shall be furnished free of charge to the applicants by the receiving Office, or, if the receiving Office so desires, by the International Bureau. 3.3 Check List (a) The printed form shall contain a list which, when filled in, will show: (i) the total number of sheets constituting the international application and the number of the sheets of each element of the international application (request, description, claims, drawings, abstract), (ii) whether or not the international application as filed is accompanied by a power of attorney (i.e., a document appointing an agent or a common representative), a priority document, a receipt for the fees paid or a check for the payment of the fees, an international or an international-type search report, a document in evidence of the fact that the applicant is the successor in title of the inventor, and any other document (to be specified in the check list); (iii) the number of that figure of the drawings which the applicant suggests should accompany the abstract when the abstract is published on the front page of the pamphlet and in the Gazette, in exceptional cases, the applicant may suggest more than one figure. (b) The list shall be filled in by the applicant, failing which the receiving Office shall fill it in and make the necessary annotations, except that the number referred to in paragraph (a)(iii) shall not be filled in by the receiving Office. 3.4 Particulars Subject to Rule 3.3, particulars of the printed form shall be prescribed by the Administrative Instructions. RULE 4 THE REQUEST (CONTENTS) 4.1 Mandatory and Optional Contents; Signature (a) The request shall contain: (i) a petition, (ii) the title of the invention, (iii) indications concerning the applicant and the agent, if there is an agent, (iv) the designation of States, (v) indications concerning the inventor where the national law of at least one of the designated States requires that the name of the inventor be furnished at the time of filing a national application. (b) The request shall, where applicable, contain: (i) a priority claim, (ii) a reference to any earlier international search or to any earlier international-type search, (iii) choices of certain kinds of protection, (iv) an indication that the applicant wishes to obtain a regional patent and the names of the designated States for which he wishes to obtain such a patent, (v) a reference to a parent application or parent patent. (c) The request may contain indications concerning the inventor where the national law of none of the designated States requires that the name of the inventor be furnished at the time of filing a national application. (d) The request shall be signed. 4.2 The Petition The petition shall be to the following effect and shall preferably be worded as follows: "The undersigned requests that the present international application be processed according to the Patent Cooperation Treaty." 4.3 Title of the Invention The title of the invention shall be short (preferably from two to seven words when in English or translated into English) and precise. 4.4 Names and Addresses (a) Names of natural persons shall be indicated by the person's family name and given name(s), the family name being indicated before the given name(s). (b) Names of legal entities shall be indicated by their full, official designations. (c) Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units up to, and including, the house number, if any. Where the national law of the designated State does not require the indication of the house number, failure to indicate such number shall have no effect in that State. It is recommended to indicate any telegraphic and teletype address and telephone number. (d) For each applicant, inventor, or agent, only one address may be indicated. 4.5 The Applicant (a) The request shall indicate the name, address, nationality and residence of the applicant or, if there are several applicants, of each of them. (b) The applicant's nationality shall be indicated by the name of the State of which he is a national. (c) The applicant's residence shall be indicated by the name of the State of which he is a resident. 4.6 The Inventor (a) Where Rule 4.1(a)(v) applies, the request shall indicate the name and address of the inventor or, if there are several inventors, of each of them. (b) If the applicant is the inventor, the request, in lieu of the indication under paragraph (a), shall contain a statement to that effect or shall repeat the applicant's name in the space reserved for indicating the inventor. (c) The request may, for different designated States, indicate different persons as inventors where, in this respect, the requirements of the national laws of the designated States are not the same. In such a case, the request shall contain a separate statement for each designated State or group of States in which a particular person, or the same person, is to be considered the inventor, or in which particular persons, or the same persons, are to be considered the inventors. 4.7 The Agent If agents are designated, the request shall so indicate, and shall state their names and addresses. 4.8 Representation of Several Applicants Not Having a Common Agent (a) If there is more than one applicant and the request does not refer to an agent representing all the applicants ("a common agent"), the request shall designate one of the applicants who is entitled to file an international application according to Article 9 as their common representative. (b) If there is more than one applicant and the request does not refer to an agent representing all the applicants and it does not comply with the requirement of designating one of the applicants as provided in paragraph (a), the applicant first named in the request who is entitled to file an international application according to Article 9 shall be considered the common representative. 4.9 Designation of States Contracting States shall be designated in the request by their names. 4.10 Priority Claim (a) The declaration referred to in Article 8(1) shall be made in the request; it shall consist of a statement to the effect that the priority of an earlier application is claimed and shall indicate: (i) When the earlier application is not a regional or an international application, the country in which it was filed; when the earlier application is a regional or an international application, the country or countries for which it was filed, (ii) the date on which it was filed, (iii) the number under which it was filed, and (iv) when the earlier application is a regional or an international application, the national Office or intergovernmental organization with which it was filed. (b) If the request does not indicate both (i) when the earlier application is not a regional or an international application, the country in which it was filed; when the earlier application is a regional or an international application, at least one country for which it was filed, and (ii) the date on which it was filed, the priority claim shall, for the purposes of the procedure under the Treaty, be considered not to have been made. (c) If the application number of the earlier application is not indicated in the request but is furnished by the applicant to the International Bureau prior to the expiration of the 16th month from the priority date, it shall be considered by all designated States to have been furnished in time. If it is furnished after the expiration of that time limit, the International Bureau shall inform the applicant and the designated Offices of the date on which the said number was furnished to it. The International Bureau shall indicate that date in the international publication of the international application, or, if, at the time of the international publication, the said number has not been furnished to it, shall indicate that fact in the international publication. (d) If the filing date of the earlier application as indicated in the request precedes the international filing date by more than one year, the receiving Office, or, if the receiving Office has failed to do so, the International Bureau, shall invite the applicant to ask either for the cancellation of the declaration made under Article 8(1) or, if the date of the earlier application was indicated erroneously, for the correction of the date so indicated. If the applicant fails to act accordingly within 1 month from the date of the invitation, the declaration made under Article 8(1) shall be cancelled ex officio. The receiving Office effecting the correction or cancellation shall notify the applicant accordingly and, if copies of the international application have already been sent to the International Bureau and the International Searching Authority, that Bureau and that Authority. If the correction or cancellation is effected by the International Bureau, the latter shall notify the applicant and the International Searching Authority accordingly. (e) Where the priorities of several earlier applications are claimed, the provisions of paragraphs (a) to (d) shall apply to each of them. 4.11 Reference to Earlier International or International-Type Search If an international or international-type search has been requested on an application under Article 15(5), the request may state that fact and identify the application (or its translation, as the case may be) by country, date and number, and the request for the said search by date and, if available, number. 4.12 Choice of Certain Kinds of Protection (a) If the applicant wishes his international application to be treated, in any designated State, as an application not for a patent but for the grant of any of the other kinds of protection specified in Article 43, he shall so indicate in the request. For the purposes of this paragraph, Article 2(ii) shall not apply. (b) In the case provided for in Article 44, the applicant shall indicate the two kinds of protection sought, or, if one of two kinds of protection is primarily sought, he shall indicate which kind is sought primarily and which kind is sought subsidiarily. 4.13 Identification of Parent Application or Parent Grant If the applicant wishes his international application to be treated, in any designated State, as an application for a patent or certificate of addition, inventor's certificate of addition, or utility certificate of addition, he shall identify the parent application or the parent patent, parent inventor's certificate, or parent utility certificate to which the patent or certificate of addition, inventor's certificate of addition, or utility certificate of addition, if granted, relates. For the purposes of this paragraph, Article 2(ii) shall not apply. 4.14 Continuation or Continuation in Part If the applicant wishes his international application to be treated, in any designated State, as an application for a continuation or a continuation-in-part of an earlier application, he shall so indicate in the request and shall identify the parent application involved. 4.15 Signature The request shall be signed by the applicant. 4.16 Transliteration or Translation of Certain Words (a) Where any name or address is written in characters other than those of the Latin alphabet, the same shall also be indicated in characters of the Latin alphabet either as a mere transliteration or through translation into English. The applicant shall decide which words will be merely transliterated and which words will be so translated. (b) The name of any country written in characters other than those of the Latin alphabet shall also be indicated in English. 4.17 No Additional Matter (a) The request shall contain no matter other than that specified in Rules 4.1 to 4.16. (b) If the request contains matter other than that specified in Rule 4.1 to 4.16, the receiving Office shall ex officio delete the additional matter. RULE 5 THE DESCRIPTION 5.1 Manner of the Description (a) The description shall first state the title of the invention as appearing in the request and shall: (i) specify the technical field to which the invention relates; (ii) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art; (iii) disclose the invention, as claimed, in such terms that the technical problem (even if not expressly stated as such) and its solution can be understood, and state the advantageous effects, if any, of the invention with reference to the background art; (iv) briefly describe the figures in the drawings, if any; (v) set forth at least the best mode contemplated by the applicant for carrying out the invention claimed; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any; where the national law of the designated State does not require the description of the best mode but is satisfied with the description of any mode (whether it is the best contemplated or not), failure to describe the best mode contemplated shall have no effect in that State; (vi) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is capable of exploitation in industry and the way in which it can be made and used, or, if it can only be used, the way in which it can be used; the term "industry" is to be understood in its broadest sense as in the Paris Convention for the Protection of Industrial Property. (b) The manner and order specified in paragraph (a) shall be followed except when, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more economic presentation. (c) Subject to the provisions of paragraph (b), each of the parts referred to in paragraph (a) shall preferably be preceded by an appropriate heading as suggested in the Administrative Instructions. RULE 6 THE CLAIMS 6.1 Number and Numbering of Claims (a) The number of the claims shall be reasonable in consideration of the nature of the invention claimed. (b) If there are several claims, they shall be numbered consecutively in arabic numerals. (c) The method of numbering in the case of the amendment of claims shall be governed by the Administrative Instructions. 6.2 References to Other Parts of the International Application (a) Claims shall not, except where absolutely necessary, rely, in respect of the technical features of the invention, on references to the description or drawings. In particular, they shall not rely on such references as: "as described in part ... of the description," or "as illustrated in figure ... of the drawings." (b) Where the international application contains drawings, the technical features mentioned in the claims shall preferably be followed by the reference signs relating to such features. When used, the reference signs shall preferably be placed between parentheses. If inclusion of reference signs does not particularly faciLitate quicker understanding of a claim, it should not be made. Reference signs may be removed by a designated Office for the purposes of publication by such Office. 6.3 Manner of Claiming (a) The definition of the matter for which protection is sought shall be in terms of the technical features of the invention. (b) Whenever appropriate, claims shall contain: (i) a statement indicating those technical features of the invention which are necessary for the definition of the claimed subject matter but which, in combination, are part of the prior art, (ii) a characterizing portion--preceded by the words "characterized in that," "characterized by," "wherein the improvement comprises," or any other words to the same effect--stating concisely the technical features which, in combination with the features stated under (i), it is desired to protect. (c) Where the national law of the designated State does not require the manner of claiming provided for in paragraph (b), failure to use that manner of claiming shall have no effect in that State provided the manner of claiming actually used satisfies the national law of that State. 6.4 Dependent Claims (a) Any claim which includes all the features of one or more other claims (claim in dependent form, hereinafter referred to as "dependent claim") shall do so by a reference, if possible at the beginning, to the other claim or claims and shall then state the additional features claimed. Any dependent claim which refers to more than one other claim ("multiple dependent claim") shall refer to such claims in the alternative only. Multiple dependent claims shall not serve as a basis for any other multiple dependent claim. (b) Any dependent claim shall be construed as including, all the limitations contained in the claim to which it refers or, if the dependent claim is a multiple dependent claim, all the limitations contained in the particular claim in relation to which it is considered. (c) All dependent claims referring back to a single previous claim, and all dependent claims referring back to several previous claims, shall be grouped together to the extent and in the most practical way possible. 6.5 Utility Models Any designated State in which the grant of a utility model is sought on the basis of an international application may, instead of Rules 6.1 to 6.4, apply in respect of the matters regulated in those Rules the provisions of its national law concerning utility models once the processing of the international application has started in that State, provided that the applicant shall be allowed at least 2 months from the expiration of the time limit applicable under Article 22 to adapt his application to the requirements of the said provisions of the national law. RULE 7 THE DRAWINGS 7.1 Flow Sheets and Diagrams Flow sheets and diagrams are considered drawings. 7.2 Time Limit The time limit referred to in Article 7(2)(ii) shall be reasonable under the circumstances of the case and shall, in no case, be shorter than 2 months from the date of the written invitation requiring the filing of drawings or additional drawings under the said provision. RULE 8 THE ABSTRACT 8.1 Contents and Form of the Abstract (a) The abstract shall consist of the following: (i) a summary of the disclosure as contained in the description, the claims, and any drawings; the summary shall indicate the technical field to which the invention pertains and shall be drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention; (ii) where applicable, the chemical formula which, among all the formulae contained in the international application, best characterizes the invention. (b) The abstract shall be as concise as the disclosure permits (preferably 50 to 150 words if it is in English or when translated into English). (c) The abstract shall not contain statements on the alleged merits or value of the claimed invention or on its speculative application. (d) Each main technical feature mentioned in the abstract and illustrated by a drawing in the international application shall be followed by a reference sign, placed between parentheses. 8.2 Failure to Suggest a Figure to be Published with the Abstract If the applicant fails to make the indication referred to in Rule 3.3(a)(iii), or if the International Searching Authority finds that a figure or figures other than that figure or those figures suggested by the applicant would, among all the figures of all the drawings, better characterize the invention, it shall indicate the figure or figures which it so considers. Publications by the International Bureau shall then use the figure or figures so indicated by the International Searching Authority. Otherwise, the figure or figures suggested by the applicant shall be used in the said publications. 8.3 Guiding Principles in Drafting The abstract shall be so drafted that it can efficiently serve as a scanning tool for purposes of searching in the particular art, especially by assisting the scientist, engineer or researcher in formulating an opinion on whether there is a need for consulting the international application itself, RULE 9 EXPRESSIONS, ETC., NOT TO BE USED 9.1 Definition The international application shall not contain: (i) expressions or drawings contrary to morality; (ii) expressions or drawings contrary to public order; (iii) statements disparaging the products or processes of any particular person other than the applicant, or the merits or validity of applications or patents of any such person (mere comparisons with the prior art shall not be considered disparaging per se); (iv) any statement or other matter obviously irrelevant or unnecessary under the circumstances. 9.2 Noting of Lack of Compliance The receiving Office and the International Searching Authority may note lack of compliance with the prescriptions of Rule 9.1 and may suggest to the applicant that he voluntarily correct his international application accordingly. If the lack of compliance was noted by the receiving Office, that Office shall inform the competent International Searching Authority and the International Bureau; if the lack of compliance was noted by the International Searching Authority, that Authority shall inform the receiving Office and the International Bureau. 9.3 Reference to Article 21(6) "Disparaging statements," referred to in Article 21(6), shall have the meaning as defined in Rule 9.1 (iii). RULE 10 TERMINOLOGY AND SIGNS 10.1 Terminology and Signs (a) Units of weights and measures shall be expressed in terms of the metric system, or also expressed in such terms if first expressed in terms of a different system. (b) Temperatures shall be expressed in degrees centigrade, or also expressed in degrees centigrade if first expressed in a different manner. (c) Density shall be expressed in metric units. (d) For indications of heat, energy, light, sound, and magnetism, as well as for mathematical formulae and electrical units, the rules of international practice shall be observed; for chemical formulae, the symbols, atomic weights, and molecular formulae, in general use, shall be employed, (e) In general, only such technical terms, signs and symbols should be used as are generally accepted in the art. (f) When the international application or its translation is in English or Japanese, the beginning of any decimal fraction shall be marked by a period, whereas, when the international application or its translation is in a language other than English or Japanese, it shall be marked by a comma. 10.2 Consistency The terminology and the signs shall be consistent throughout the international application. RULE 11 PHYSICAL REQUIREMENTS OF THE INTERNATIONAL APPLICATION 11.1 Number of Copies (a) Subject to the provisions of paragraph (b), the international application and each of the documents referred to in the check list (Rule 3.3(a)(ii)) shall be filed in one copy. (b) Any receiving Office may require that the international application and any of the documents referred to in the check list (Rule 3.3(a)(ii)), except the receipt for the fees paid or the check for the payment of the fees, be filed in two or three copies. In that case, the receiving Office shall be responsible for verifying the identity of the second and the third copies with the record copy. 11.2 Fitness for Reproduction (a) All elements of the international application (i.e., the request, the description, the claims, the drawings, and the abstract) shall be so presented as to admit of direct reproduction by photography, electrostatic processes, photo offset, and microfilming, in any number of copies. (b) All sheets shall be free from creases and cracks; they shall not be folded. (c) Only one side of each sheet shall be used. (d) Subject to Rule 11.13(j), each sheet shall be used in an upright position (i.e., the short sides at the top and bottom). 11.3 Material to be Used All elements of the international application shall be on paper which shall be flexible, strong, white, smooth, non-shiny, and durable. 11.4 Separate Sheets, Etc. (a) Each element (request, description, claims, drawings, abstract) of the international application shall commence on a new sheet. (b) All sheets of the international application shall be so connected that they can be easily turned when consulted, and easily separated and joined again if they have been separated for reproduction purposes. 11.5 Size of Sheets The size of the sheets shall be A4 (29.7 cm x 21 cm). However, any receiving Office may accept international applications on sheets of other sizes provided that the record copy, as transmitted to the International Bureau, and, if the competent International Searching Authority so desires, the search copy, shall be of A4 size. 11. 6 Margins (a) The minimum margins of the sheets containing the request, the description, the claims, and the abstract, shall be as follows: - top of first sheet, except that of the request: 8 cm - top of other sheets: 2 cm - left side: 2.5 cm - right side: 2 cm - bottom: 2 cm (b) The recommended maximum, for the margins provided for in paragraph (a), is as follows: - top of first sheet, except that of the request: 9 cm - top of other sheets: 4 cm - left side: 4 cm - right side: 3 cm - bottom: 3 cm (c) On sheets containing drawings, the surface usable shall not exceed 26.2 cm x 17.0 cm. The sheets shall not contain frames around the usable or used surface. The minimum margins shall be as follows: - top: 2.5 cm - left side: 2.5 cm - right side: 1.5 cm - bottom: 1.0 cm (d) The margins referred to in paragraphs (a) to (c) apply to A4-size sheets, so that, even if the receiving Office accepts other sizes, the A4-size record copy and, when so required, the A4-size search copy shall leave the aforesaid margins. (e) The margins of the international application, when submitted, must be completely blank. 11.7 Numbering of Sheets (a) All the sheets contained in the international application shall be numbered in consecutive arabic numerals. (b) The numbers shall be placed at the top of the sheet, in the middle, but not in the margin. 11.8 Numbering of Lines (a) It is strongly recommended to number every fifth line of each sheet of the description, and of each sheet of claims. (b) The numbers should appear on the left side, to the right of the margin. 11.9 Writing of Text Matter (a) The request, the description, the claims and the abstract shall be typed or printed. (b) Only graphic symbols and characters, chemical or mathematical formulae, and certain characters in the Japanese language may, when necessary, be written by hand or drawn. (c) The typing shall be 1 1/2-spaced. (d) All text matter shall be in characters the capital letters of which are not less than 0.21 cm high, and shall be in a dark, indelible color, satisfying the requirements specified in Rule 11.2. (e) As far as the spacing of the typing and the size of the characters are concerned, paragraphs (c) and (d) shall not apply to texts in the Japanese language. 11.10 Drawings, Formulae, and Tables, in Text Matter (a) The request, the description, the claims and the abstract shall not contain drawings. (b) The description, the claims and the abstract may contain chemical or mathematical formulae. (c) The description and the abstract may contain tables; any claim may contain tables only if the subject matter of the claim makes the use of tables desirable. 11.11 Words in Drawings (a) The drawings shall not contain text matter, except a single word or words, when absolutely indispensable, such as "water," "steam," "open," "closed," "section on AB," and, in the case of electric circuits and block schematic or flow sheet diagrams, a few short catch words indispensable for understanding. (b) Any words used shall be so placed that, if translated, they may be pasted over without interfering with any lines of the drawings. 11.12 Alterations, Etc. Each sheet shall be reasonably free from erasures and shall be free from alterations, overwritings, and interlineations. Non-compliance with this Rule may be authorized, in exceptional cases, if the authenticity of the content is not in question and the requirements for good reproduction are not in jeopardy. 11.13 Special Requirements for Drawings (a) Drawings shall be executed in durable, black or blue, sufficiently dense and dark, uniformly thick and well-defined, lines and strokes without colorings. (b) Cross-sections shall be indicated by oblique hatching which should not impede the clear reading of the reference signs and leading lines. (c) The scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty. (d) When, in exceptional cases, the scale is given on a drawing, it shall be represented graphically. (e) All numbers, letters, and reference lines, appearing on the drawings, shall be simple and clear, Brackets, circles or inverted commas shall not be used in association with numbers and letters. (f) All lines in the drawings shall, ordinarily, be drawn with the aid of drafting instruments. (g) Each element of each figure shall be in proper proportion to each of the other elements in the figure, except where the use of a different proportion is indispensable for the clarity of the figure. (h) The height of the numbers and letters shall not be less than 0.32 cm. For the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used. (i) The same sheet of drawings may contain several figures. Where figures on two or more sheets form in effect a single complete figure, the figures on the several sheets shall be so arranged that the complete figure can be assembled without concealing any part of any of the figures appearing on the various sheets. (j) The different figures shall be arranged on a sheet or sheets without wasting space, preferably in an upright position, clearly separated from one another. (k) The different figures shall be numbered in arabic numerals consecutively and independently of the numbering of the sheets. (l) Reference signs not mentioned in the description shall not appear in the drawings, and vice versa. (m) The same features, when denoted by reference signs, shall, throughout the international application, be denoted by the same signs. (n) If the drawings contain a large number of reference signs, it is strongly recommended to attach a separate sheet listing all reference signs and the features denoted by them. 11.14 Later Documents Rules 10, and 11.1 to 11.13, also apply to any document--for example, corrected pages, amended claims--submitted after the filing of the international application. 11.15 Translations No designated Office shall require that the translation of an international application filed with it comply with requirements other than those prescribed for the international application as filed. RULE 12 LANGUAGE OF THE INTERNATIONAL APPLICATION 12.1 The International Application Any international application shall be filed in the language, or one of the languages, specified in the agreement concluded between the International Bureau and the International Searching Authority competent for the international searching of that application, provided that, if the agreement specifies several languages, the receiving Office may prescribe among the specified languages that language in which or those languages in one of which the international application must be filed. 12.2 Changes in the International Application Any changes in the international application, such as amendments and corrections, shall be in the same language as the said application (cf. Rule 66.5). RULE 13 UNITY OF INVENTION 13.1 Requirement The international application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept ("requirement of unity of invention"). 13.2 Claims of Different Categories Rule 13.1 shall be construed as permitting, in particular, either of the following two possibilities: (i) in addition to an independent claim for a given product, the inclusion in the same international application of one independent claim for one process specially adapted for the manufacture of the said product, and the inclusion in the same international application of one independent claim for one use of the said product, or (ii) in addition to an independent claim for a given process, the inclusion in the same international application of one independent claim for one apparatus or means specifically designed for carrying out the said process. 13.3 Claims of One and the Same Category Subject to Rule 13.1, it shall be permitted to include in the same international application two or more independent claims of the same category (i.e., product, process, apparatus, or use) which cannot readily be covered by a single generic claim. 13.4 Dependent Claims Subject to Rule 13.1, it shall be permitted to include in the same international application a reasonable number of dependent claims, claiming specific forms of the invention claimed in an independent claim, even where the features of any dependent claim could be considered as constituting in themselves an invention. 13.5 Utility Models Any designated State in which the grant of a utility model is sought on the basis of an international application may, instead of Rules 13.1 to 13.4, apply in respect of the matters regulated in those Rules the provisions of its national law concerning utility models once the processing of the international application has started in that State, provided that the applicant shall be allowed at least 2 months from the expiration of the time limit applicable under Article 22 to adapt his application to the requirements of the said provisions of the national law. RULE 14 THE TRANSMITTAL FEE 14.1 The Transmittal Fee (a) Any receiving Office may require that the applicant pay a fee to it, for its own benefit, for receiving the international application, transmitting copies to the International Bureau and the competent International Searching Authority, and performing all the other tasks which it must perform in connection with the international application in its capacity of receiving Office ("transmittal fee"). (b) The amount and the due date of the transmittal fee, if any, shall be fixed by the receiving Office. RULE 15 THE INTERNATIONAL FEE 15.1 Basic Fee and Designation Fee Each international application shall be subject to the payment of a fee for the benefit of the International Bureau ("international fee") consisting of (i) a "basic fee," and (ii) as many "designation fees" as there are States designated in the international application, provided that, where a regional patent is sought for certain designated States, only one designation fee shall be due for those States. 15.2 Amounts (a) The amount of the basic fee shall be: (i) if the international application contains not more than 30 sheets: US $45.00 or 194 Swiss francs, (ii) if the international application contains more than 30 sheets: US $45.00 or 194 Swiss francs plus US $1.00 or 4.30 Swiss francs per sheet in excess of 30 sheets. (b) The amount of the designation fee shall be: (i) for each designated State or each group of designated States for which the same regional patent is sought which does not require the furnishing of a copy under Article 13: US $12.00 or 52 Swiss francs, (ii) for each designated State or each group of designated States for which the same regional patent is sought which requires the furnishing of a copy under Article 13: US $14.00 or 60 Swiss francs. 15.3 Mode of Payment (a) The international fee shall be collected by the receiving Office. (b) The international fee shall be payable in the currency prescribed by the receiving Office, it being understood that, when transferred by the receiving Office to the International Bureau, it shall be freely convertible into Swiss currency. 15.4 Time of Payment (a) The basic fee shall be due on the date of receipt of the international application. However, any receiving Office may, at its discretion, notify the applicant of any lack of receipt or insufficiency of any amount received, and permit applicants to pay the basic fee later, without loss of the international filing date, provided that: (i) permission shall not be given to pay later than 1 month after the date of receipt of the international application; (ii) permission may not be subject to any extra charge. (b) The designation fee may be paid on the date of receipt of the international application or on any later date but, at the latest, it must be paid before the expiration of one year from the priority date. 15.5 Partial Payment (a) If the applicant specifies the States to which he wishes any amount paid to be applied as designation fee, the amount shall be applied accordingly to the number of States which are covered by the amount in the order specified by the applicant. (b) If the applicant does not specify any such wish and if the amount or amounts received by the receiving Office are higher than the basic fee and one designation fee but lower than what is due according to the number of the designated States, any amount in excess of the basic fee and one designation fee shall be treated as designation fees for the States following the State first named in the request and in the order in which the States are designated in the request up to and including that designated State for which the total amount of the designation fee is covered by the amount or amounts received. (c) The designation fee for the first mentioned State belonging to a group of States for which the same regional patent is sought and which is specified under paragraph (a) or which is reached under paragraph (b) shall, for the purposes of the said paragraphs, be considered as covering also the other States of the said group. 15.6 Refund (a) The international fee shall be refunded to the applicant if the determination under Article 11(1) is negative. (b) In no other case shall the international fee be refunded. RULE 16 THE SEARCH FEE 16.1 Right to Ask for a Fee (a) Each International Searching Authority may require that the applicant pay a fee ("search fee") for its own benefit for carrying out the international search and for performing all other tasks entrusted to International Searching Authorities by the Treaty and these Regulations. (b) The search fee shall be collected by the receiving Office. It shall be payable in the currency prescribed by that Office, it being understood that, if that currency is not the same as the currency of the State in which the International Searching Authority is located, the search fee, when transferred by the receiving Office to that Authority, shall be freely convertible into the currency of the said State. As to the time of payment of the search fee, Rule 15.4(a) shall apply. 16.2 Refund The search fee shall be refunded to the applicant if the determination under Article 11(1) is negative. 16.3 Partial Refund Where the international application claims the priority of an earlier international application which has been the subject of an international search by the same International Searching Authority, that Authority shall refund the search fee paid in connection with the later international application to the extent and under the conditions provided for in the agreement under Article 16(3)(b), if the international search report on the later international application could wholly or partly be based on the results of the international search effected on the earlier international application. RULE 17 THE PRIORITY DOCUMENT 17.1 Obligation to Submit Copy of Earlier National Application (a) Where the priority of an earlier national application is claimed under Article 8 in the international application, a copy of the said national application, certified by the authority with which it was filed ("the priority document"), shall, unless already filed with the receiving Office, together with the international application, be submitted by the applicant to the International Bureau not later than 16 months after the priority date or, in the case referred to in Article 23(2), not later than at the time the processing or examination is requested. (b) If the applicant fails to comply with the requirement under paragraph (a), any designated State may disregard the priority claim. (c) The International Bureau shall record the date on which it received the priority document and shall notify the applicant and the designated Offices accordingly. 17.2 Availability of Copies (a) The International Bureau shall, at the specific request of the designated Office, promptly but not before the expiration of the time limit fixed in Rule 17.1(a), furnish a copy of the priority document to that Office. No such Office shall ask the applicant himself to furnish it with a copy, except where it requires the furnishing of a copy of the priority document together with a certified translation thereof. The applicant shall not be required to furnish a certified translation to the designated Office before the expiration of the applicable time limit under Article 22. (b) The International Bureau shall not make copies of the priority document available to the public prior to the international publication of the international application. (c) Paragraphs (a) and (b) shall apply also to any earlier international application whose priority is claimed in the subsequent international application. RULE 18 THE APPLICANT 18.1 Residence (a) Subject to the provisions of paragraph (b), the question whether an applicant is a resident of the Contracting State of which he claims to be a resident shall depend on the national law of that State and shall be decided by the receiving Office. (b) In any case, possession of a real and effective industrial or commercial establishment in a Contracting State shall be considered residence in that State. 18.2 Nationality (a) Subject to the provisions of paragraph (b), the question whether an applicant is a national of the Contracting State of which he claims to be a national shall depend on the national law of that State and shall be decided by the receiving Office. (b) In any case, a legal entity constituted according to the national law of a Contracting State shall be considered a national of that State. 18.3 Several Applicants: Same for All Designated States If all the applicants are applicants for the purposes of all designated States, the right to file an international application shall exist if at least one of them is entitled to file an international application according to Article 9. 18.4 Several Applicants: Different for Different Designated (a) The international application may indicate different applicants for the purposes of different designated States, provided that, in respect of each designated State, at least one of the applicants indicated for the purposes of that State is entitled to file an international application according to Article 9. (b) If the condition referred to in paragraph (a) is not fulfilled in respect of any designated State, the designation of that State shall be considered not to have been made. (c) The International Bureau shall, from time to time, publish information on the various national laws in respect of the question who is qualified (inventor, successor in title of the inventor, owner of the invention, or other) to file a national application and shall accompany such information by a warning that the effect of the international application in any designated State may depend on whether the person designated in the international application as applicant for the purposes of that State is a person who, under the national law of that State, is qualified to file a national application. 18.5 Change in the Person or Name of the Applicant Any change in the person or name of the applicant shall, on the request of the applicant or the receiving Office, be recorded by the International Bureau, which shall notify the interested International Searching Authority and the designated Offices accordingly. RULE 19 THE COMPETENT RECEIVING OFFICE 19.1 Where to File (a) Subject to the provisions of paragraph (b), the international application shall be filed, at the option of the applicant, with the national Office of or acting for the Contracting State of which the applicant is a resident or with the national Office of or acting for the Contracting State of which the applicant is a national. (b) Any Contracting State may agree with another Contracting State or any intergovernmental organization that the national Office of the latter State or the intergovernmental organization shall, for all or some purposes, act instead of the national Office of the former State as receiving Office for applicants who are residents or nationals of that former State. Notwithstanding such agreement, the national Office of the former State shall be considered the competent receiving Office for the purposes of Article 15(5). (c) In connection with any decision made under Article 9(2), the Assembly shall appoint the national Office or the intergovernmental organization which will act as receiving Office for applications of residents or nationals of States specified by the Assembly. Such appointment shall require the previous consent of the said national Office or intergovernmental organization. 19.2 Several Applicants (a) If there are several applicants and they have no common agent, their common representative within the meaning of Rule 4.8 shall, for the purposes of the application of Rule 19.1, be considered the applicant. (b) If there are several applicants and they have a common agent, the applicant first named in the request who is entitled to file an international application according to Article 9 shall, for the purposes of the application of Rule 19.1, be considered the applicant. 19.3 Publication of Fact of Delegation of Duties of Receiving Office (a) Any agreement referred to in Rule 19.1(b) shall be promptly notified to the International Bureau by the Contracting State which delegates the duties of the receiving Office to the national Office of or acting for another Contracting State or an intergovernmental organization. (b) The International Bureau shall, promptly upon receipt, publish the notification in the Gazette. RULE 20 RECEIPT OF THE INTERNATIONAL APPLICATION 20.1 Date and Number (a) Upon receipt of papers purporting to be an international application, the receiving Office shall indelibly mark the date of actual receipt in the space provided for that purpose in the request form of each copy received and one of the numbers assigned by the International Bureau to that Office on each sheet of each copy received. (b) The place on each sheet where the date or number shall be marked, and other details, shall be specified in the Administrative Instructions. 20.2 Receipt on Different Days (a) In cases where all the sheets pertaining to the same purported international application are not received on the same day by the receiving Office, that Office shall correct the date marked on the request (still leaving legible, however, the earlier date or dates already marked) so that it indicates the day on which the papers completing the international application were received, provided that (i) where no invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within 30 days from the date on which sheets were first received; (ii) where an invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within the applicable time limit under Rule 20.6; (iii) in the case of Article 14(2), the missing drawings are received within 30 days from the date on which the incomplete papers were filed; (iv) the absence or later receipt of any sheet containing the abstract or part thereof shall not, in itself, require any correction of the date marked on the request. (b) Any sheet received on a date later than the date on which sheets were first received shall be marked by the receiving Office with the date on which it was received. 20.3 Corrected International Application In the case referred to in Article 11(2)(b), the receiving Office shall correct the date marked on the request (still leaving legible, however, the earlier date or dates already marked) so that it indicates the day on which the last required correction was received. 20.4 Determination under Article 11(1) (a) Promptly after receipt of the papers purporting to be an international application, the receiving Office shall determine whether the papers comply with the requirements of Article 11(1). (b) For the purposes of Article 11(1)(iii)(c), it shall be sufficient to indicate the name of the applicant in a way which allows his identity to be established even if the name is misspelled, the given names are not fully indicated, or, in the case of legal entities, the indication of the name is abbreviated or incomplete. 20.5 Positive Determination (a) If the determination under Article 11(1) is positive, the receiving Office shall stamp in the space provided for that purpose in the request form the name of the receiving Office and the words "PCT International Application," or "Demande internationale PCT." If the official language of the receiving Office is neither English nor French, the words "International Application" or "Demande internationale" may be accompanied by a translation of these words in the official language of the receiving Office. (b) The copy whose request sheet has been so stamped shall be the record copy of the international application. (c) The receiving Office shall promptly notify the applicant of the international application number and the international filing date. 20.6 Invitation to Correct (a) The invitation to correct under Article 11(2) shall specify the requirement provided for under Article 11(1) which, in the opinion of the receiving Office, has not been fulfilled. (b) The receiving Office shall promptly mail the invitation to the applicant and shall fix a time limit, reasonable under the circumstances of the case, for filing the correction. The time limit shall not be less than 10 days, and shall not exceed 1 month, from the date of the invitation. If such time limit expires after the expiration of 1 year from the filing date of any application whose priority is claimed, the receiving Office may call this circumstance to the attention of the applicant. 20.7 Negative Determination If the receiving Office does not, within the prescribed time limit, receive a reply to its invitation to correct, or if the correction offered by the applicant still does not fulfill the requirements provided for under Article 11(1), it shall: (i) promptly notify the applicant that his application is not and will not be treated as an international application and shall indicate the reasons therefor, (ii) notify the International Bureau that the number it has marked on the papers will not be used as an international application number, (iii) keep the papers constituting the purported international application and any correspondence relating thereto as provided in Rule 93.1, and (iv) send a copy of the said papers to the International Bureau where, pursuant to a request by the applicant under Article 25(1), the International Bureau needs such a copy and specially asks for it. 20.8 Error by the Receiving Office If the receiving Office later discovers, or on the basis of the applicant's reply realizes, that it has erred in issuing an invitation to correct since the requirements provided for under Article 11(1) were fulfilled when the papers were received, it shall proceed as provided in Rule 20.5. 20.9 Certified Copy for the Applicant Against payment of a fee, the receiving Office shall furnish to the applicant, on request, certified copies of the international application as filed and of any corrections thereto. RULE 21 PREPARATION OP COPIES 21.1 Responsibility of the Receiving Office (a) Where the international application is required to be filed in one copy, the receiving Office shall be responsible for preparing the home copy and the search copy required under Article 12(1). (b) Where the international application is required to be filed in two copies, the receiving Office shall be responsible for preparing the home copy. (c) If the international application is filed in less than the number of copies required under Rule 11.1(b), the receiving Office shall be responsible for the prompt preparation of the number of copies required, and shall have the right to fix a fee for performing that task and to collect such fee from the applicant. RULE 22 TRANSMITTAL OF THE RECORD COPY 22.1 Procedure (a) If the determination under Article 11(1) is positive, and unless prescriptions concerning national security prevent the international application from being treated as such, the receiving Office shall transmit the record copy to the International Bureau. Such transmittal shall be effected promptly after receipt of the international application or, if a check to preserve national security must be performed, as soon as the necessary clearance has been obtained. In any case, the receiving Office shall transmit the record copy in time for it to reach the International Bureau by the expiration of the 13th month from the priority date. If the transmittal is effected by mail, the receiving Office shall mail the record copy not later than 5 days prior to the expiration of the 13th month from the priority date. (b) If the applicant is not in possession of the notification of receipt sent by the International Bureau under Rule 24.2(a) by the expiration of 13 months and 10 days from the priority date, he shall have the right to ask the receiving Office to give him the record copy or, should the receiving Office allege that it has transmitted the record copy to the International Bureau, a certified copy based on the home copy. (c) The applicant may transmit the copy he has received under paragraph (b) to the International Bureau. Unless the record copy transmitted by the receiving Office has been received by the International Bureau before the receipt by that Bureau of the copy transmitted by the applicant, the latter copy shall be considered the record copy. 22.2 Alternative Procedure (a) Notwithstanding the provisions of Rule 22.1, any receiving Office may provide that the record copy of any international application filed with it shall be transmitted, at the option of the applicant, by the receiving Office or through the applicant. The receiving Office shall inform the International Bureau of the existence of any such provision. (b) The applicant shall exercise the option through a written notice, which he shall file together with the international application. If he fails to exercise the said option, the applicant shall be considered to have opted for transmittal by the receiving Office. (c) Where the applicant opts for transmittal by the receiving Office, the procedure shall be the same as that provided for in Rule 22.1. (d) Where the applicant opts for transmittal through him, he shall indicate in the notice referred to in paragraph (b) whether he wishes to collect the record copy at the receiving Office or wishes the receiving Office to mail the record copy to him. If the applicant expresses the wish to collect the record copy, the receiving Office shall hold that copy at the disposal of the applicant as soon as the clearance referred to in Rule 22.1(a) has been obtained and, in any case, including the case where a check for such clearance must be performed, not later than 10 days before the expiration of 13 months from the priority date. If, by the expiration of the time limit for receipt of the record copy by the International Bureau, the applicant has not collected that copy, the receiving Office shall notify the International Bureau accordingly. If the applicant expresses the wish that the receiving Office mail the record copy to him or fails to express the wish to collect the record copy, the receiving Office shall mail that copy to the applicant as soon as the clearance referred to in Rule 22.1(a) has been obtained and, in any case, including the case where a check for such clearance must be performed, not later than 15 days before the expiration of 13 months from the priority date. (e) Where the receiving Office does not hold the record copy at the disposal of the applicant by the date fixed in paragraph (d), or where, after having asked for the record copy to be mailed to him, the applicant has not received that copy at least 10 days before the expiration of 13 months from the priority date, the applicant may transmit a copy of his international application to the International Bureau. This copy ("provisional record copy") shall be replaced by the record copy or, if the record copy has been lost, by a substitute record copy certified by the receiving Office on the basis of the home copy, as soon as practicable and, in any case, before the expiration of 14 months from the priority date. 22.3 Time Limit under Article 12(3) (a) The time limit referred to in Article 12(3) shall be: (i) where the procedure under Rule 22.1 or Rule 22.2(c) applies, 14 months from the priority date; (ii) where the procedure under Rule 22.2(d) applies, 13 months from the priority date, except that, where a provisional record copy is filed under Rule 22.2(e), it shall be 13 months from the priority date for the filing of the provisional record copy, and 14 months from the priority date for the filing of the record copy. (b) Article 48(1) and Rule 82 shall not apply to the transmittal of the record copy Article 48(2) remains applicable. 22.4 Statistics Concerning Non-Compliance with Rules 22.1 and 22.2 The number of instances in which, according to the knowledge of the International Bureau, any receiving Office has not complied with the requirements of Rules 22.1 and/or 22.2 shall be indicated, once a year, in the Gazette. 22.5 Documents Filed with the International Application For the purposes of the present Rule, the term "record copy" shall include also any document filed with the international application referred to in Rule 3.3(a)(ii). If any document referred to in Rule 3.3(a)(ii) which is indicated in the check list as accompanying the international application is not, in fact, filed at the latest by the time the record copy leaves the receiving Office, that Office shall so note on the check list and the said indication shall be considered as if it had not been made. RULE 23 TRANSMITTAL OF THE SEARCH COPY 23.1 Procedure (a) The search copy shall be transmitted by the receiving Office to the International Searching Authority at the latest on the same day as the record copy is transmitted to the International Bureau or, under Rule 22.2(d), to the applicant. (b) If the International Bureau has not received, within 10 days from the receipt of the record copy, information from the International Searching Authority that that Authority is in possession of the search copy, the International Bureau shall promptly transmit a copy of the international application to the International Searching Authority. Unless the International Searching Authority has erred in alleging that it was not in possession of the search copy by the expiration of the 13th month from the priority date, the cost of making a copy for that Authority shall be reimbursed by the receiving Office to the International Bureau. (c) The number of instances in which, according to the knowledge of the International Bureau, any receiving Office has not complied with the requirement of Rule 23.1(a) shall be indicated, once a year, in the Gazette. RULE 24 RECEIPT OF THE RECORD COPY BY THE INTERNATIONAL BUREAU 24.1 Recording of Date of Receipt of the Record Copy The International Bureau shall, upon receipt of the record copy, mark on the request sheet the date of receipt and on all sheets of the international application the stamp of the International Bureau. 24.2 Notification of Receipt of the Record Copy (a) Subject to the provisions of paragraph (b), the International Bureau shall promptly notify the applicant, the receiving Office, the International Searching Authority, and all designated Offices, of the fact and the date of receipt of the record copy. The notification shall identify the international application by its number, the international filing date, the name of the applicant, and the name of the receiving Office, and shall indicate the filing date of any earlier application whose priority is claimed. The notification sent to the applicant shall also contain the list of the designated Offices which have been notified under this paragraph, and shall, in respect of each designated Office, indicate any applicable time limit under Article 22(3). (b) If the record copy is received after the expiration of the time limit fixed in Rule 22.3, the International Bureau shall promptly notify the applicant, the receiving Office, and the International Searching Authority, accordingly. RULE 25 RECEIPT OF THE SEARCH COPY BY THE INTERNATIONAL SEARCHING AUTHORITY 25.1 Notification of Receipt of the Search Copy The International Searching Authority shall promptly notify the International Bureau, the applicant, and--unless the International Searching Authority is the same as the receiving Office--the receiving Office, of the fact and the date of receipt of the search copy. RULE 26 CHECKING AND CORRECTING CERTAIN ELEMENTS OF THE INTERNATIONAL APPLICATION 26.1 Time Limit for Check (a) The receiving Office shall issue the invitation to correct provided for in Article 14(1)(b) as soon as possible, preferably within 1 month from the receipt of the international application. (b) If the receiving Office issues an invitation to correct the defect referred to in Article 14(1)(a)(iii) or (iv) (missing title or missing abstract), it shall notify the International Searching Authority accordingly. 26.2 Time Limit for Correction The time limit referred to in Article 14(1)(b) shall be reasonable under the circumstances of the particular case and shall be fixed in each case by the receiving Office. It shall not be less than 1 month and normally not more than 2 months from the date of the invitation to correct. 26.3 Checking of Physical Requirements under Article 14(1)(a)(v) The physical requirements referred to in Rule 11 shall be checked to the extent that compliance therewith is necessary for the purpose of reasonably uniform international publication. 26.4 Procedure (a) Any correction offered to the receiving Office may be stated in a letter addressed to that Office if the correction is of such a nature that it can be transferred from the letter to the record copy without adversely affecting the clarity and the direct reproducibility of the sheet on to which the correction is to be transferred; otherwise, the applicant shall be required to submit a replacement sheet embodying the correction and the letter accompanying the replacement sheet shall draw attention to the differences between the replaced sheet and the replacement sheet. (b) The receiving Office shall mark on each replacement sheet the international application number, the date on which it was received, and the stamp identifying the Office. It shall keep in its files a copy of the letter containing the correction or, when the correction is contained in a replacement sheet, the replaced sheet, the letter accompanying the replacement sheet, and a copy of the replacement sheet. (c) The receiving Office shall promptly transmit the letter and any replacement sheet to the International Bureau. The International Bureau shall transfer to the record copy the corrections requested in a letter, together with the indication of the date of its receipt by the receiving Office, and shall insert any replacement sheet in the record copy. The letter and any replaced sheet shall be kept in the files of the International Bureau. (d) The receiving Office shall promptly transmit a copy of the letter and any replacement sheet to the International Searching Authority. 26.5 Correction of Certain Elements (a) The receiving Office shall decide whether the applicant has submitted the correction within the prescribed time limit. If the correction has been submitted within the prescribed time limit, the receiving Office shall decide whether the international application so corrected is or is not to be considered withdrawn. (b) The receiving Office shall mark on the papers containing the correction the date on which it received such papers. 26.6 Missing Drawings (a) If, as provided in Article 14(2), the international application refers to drawings which in fact are not included in that application, the receiving Office shall so indicate in the said application. (b) The date on which the applicant receives the notification provided for in Article 14(2) shall have no effect on the time limit fixed under Rule 20.2(a)(iii). RULE 27 LACK OF PAYMENT OF FEES 27.1 Fees (a) For the purposes of Article 14(3)(a), "fees prescribed under Article 3(4)(iv)" means: the transmittal fee (Rule 14), the basic fee part of the international fee (Rule 15.1(i)), and the search fee (Rule 16). (b) For the purposes of Article 14(3)(a) and (b), "the fee prescribed under Article 4(2)" means the designation fee part of the international fee (Rule 15.1(ii)). RULE 28 DEFECTS NOTED BY THE INTERNATIONAL BUREAU OR THE INTERNATIONAL SEARCHING AUTHORITY 28.1 Note on Certain Defects (a) If, in the opinion of the International Bureau or of the International Searching Authority, the international application contains any of the defects referred to in Article 14(1)(a)(i), (ii), or (v), the International Bureau or the International Searching Authority, respectively, shall bring such defects to the attention of the receiving Office. (b) The receiving Office shall, unless it disagrees with the said opinion, proceed as provided in Article 14(1)(b) and Rule 26. RULE 29 INTERNATIONAL APPLICATIONS OR DESIGNATIONS CONSIDERED WITHDRAWN UNDER ARTICLE 14(1), (3) OR (4) 29.1 Finding by Receiving Office (a) If the receiving Office declares, under Article 14(1)(b) and Rule 26.5 (failure to correct certain defects), or under Article 14(3)(a) (failure to pay the prescribed fees under Rule 27.1(a)), or under Article 14(4) (later finding of non-compliance with the requirements listed in items (i) to (iii) of Article 11(1)), that the international application is considered withdrawn: (i) the receiving Office shall transmit the record copy (unless already transmitted), and any correction offered by the applicant, to the International Bureau; (ii) the receiving Office shall promptly notify both the applicant and the International Bureau of the said declaration, and the International Bureau shall in turn notify the interested designated Offices; (iii) the receiving Office shall not transmit the search copy as provided in Rule 23, or, if such copy has already been transmitted, it shall notify the International Searching Authority of the said declaration; (iv) the International Bureau shall not be required to notify the applicant of the receipt of the record copy. (b) If the receiving Office declares under Article 14(3)(b) (failure to pay the prescribed designation fee under Rule 27.1(b)) that the designation of any given State is considered withdrawn, the receiving Office shall promptly notify both the applicant and the International Bureau of the said declaration. The International Bureau shall ln turn notify the interested national Office. 29.2 Finding by Designated Office Where the effect of the international application ceases in any designated State by virtue of Article 24(1)(iii), or where such effect is maintained in any designated State by virtue of Article 24(2), the competent designated Office shall promptly notify the International Bureau accordingly. 29.3 Calling Certain Facts to the Attention of the Receiving Office If the International Bureau or the International Searching Authority considers that the receiving Office should make a finding under Article 14(4), it shall call the relevant facts to the attention of the receiving Office. 29.4 Notification of Intent to Make Declaration under Article 14.4 Before the receiving Office issues any declaration under Article 14(4), it shall notify the applicant of its intent to issue such declaration and the reasons therefor. The applicant may, if he disagrees with the tentative finding of the receiving Office, submit arguments to that effect within 1 month from the notification. RULE 30 TIME LIMIT UNDER ARTICLE 14(4) 30.1 Time Limit The time limit referred to in Article 14(4) shall be 6 months from the international filing date. RULE 31 COPIES REQUIRED UNDER ARTICLE 13 31.1 Request for Copies (a) Requests under Article 13(1) may relate to all, some kinds of, or individual international applications in which the national Office making the request is designated. Requests for all or some kinds of such international applications must be renewed for each year by means of a notification addressed by that Office before November 30 of the preceding year to the International Bureau. (b) Requests under Article 13(2)(b) shall be subject to the payment of a fee covering the cost of preparing and mailing the copy. 31.2 Preparation of Copies The preparation of copies required under Article 13 shall be the responsibility of the International Bureau. RULE 32 WITHDRAWAL OF THE INTERNATIONAL APPLICATION OR OP DESIGNATIONS 32.1 Withdrawals (a) The applicant may withdraw the international application prior to the expiration of 20 months from the priority date except as to any designated State in which national processing or examination has already started. He may withdraw the designation of any designated State prior to the date on which processing or examination may start in that State. (b) Withdrawal of the designation of all designated States shall be treated as withdrawal of the international application. (c) Withdrawal shall be effected by a signed notice from the applicant to the International Bureau or, if the record copy has not yet been sent to the International Bureau, to the receiving Office. In the case of Rule 4.8(b), the notice shall require the signature of all the applicants. (d) Where the record copy has already been sent to the International Bureau, the fact of withdrawal, together with the date of receipt of the notice effecting withdrawal, shall be recorded by the International Bureau and promptly notified by it to the receiving Office, the applicant, the designated Offices affected by the withdrawal, and, where the withdrawal concerns the international application and where the international search report or the declaration referred to in Article 17(2)(a) has not yet issued, the International Searching Authority. RULE 33 RELEVANT PRIOR ART FOR THE INTERNATIONAL SEARCH 33.1 Relevant Prior Art for the International Search (a) For the purposes of Article 15(2), relevant prior art shall consist of everything which has been made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) and which is capable of being of assistance in determining that the claimed invention is or is not new and that it does or does not involve an inventive step (i.e., that it is or is not obvious), provided that the making available to the public occurred prior to the international filing date. (b) When any written disclosure refers to an oral disclosure, use, exhibition, or other means whereby the contents of the written disclosure were made available to the public, and such making available to the public occurred on a date prior to the international filing date, the international search report shall separately mention that fact and the date on which it occurred if the making available to the public of the written disclosure occurred on a date posterior to the international filing date. (c) Any published application or any patent whose publication date is later but whose filing date, or, where applicable, claimed priority date, is earlier than the international filing date of the international application searched, and which would constitute relevant prior art for the purposes of Article 15(2) had it been published prior to the international filing date, shall be specially mentioned in the international search report. 33.2 Fields to be Covered by the International Search (a) The international search shall cover all those technical fields, and shall be carried out on the basis of all those search files, which may contain material pertinent to the invention. (b) Consequently, not only shall the art in which the invention is classifiable be searched but also analogous arts regardless of where classified. (c) The question what arts are, in any given case, to be regarded as analogous shall be considered in the light of what appears to be the necessary essential function or use of the invention and not only the specific functions expressly indicated in the international application. (d) The international search shall embrace all subject matter that is generally recognized as equivalent to the subject matter of the claimed invention for all or certain of its features, even though, in its specifics, the invention as described in the international application is different. 33.3 Orientation of the International Search (a) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any) and with particular emphasis on the inventive concept towards which the claims are directed. (b) In so far as possible and reasonable, the international search shall cover the entire subject matter to which the claims are directed or to which they might reasonably be expected to be directed after they have been amended. RULE 34 MINIMUM DOCUMENTATION 34.1 Definition (a) The definitions contained in Article 2(i) and (ii) shall not apply for the purposes of this Rule. (b) The documentation referred to in Article 15(4) ("minimum documentation") shall consist of: (i) the "national patent documents" as specified in paragraph (c), (ii) the published international (PCT) applications, the published regional applications for patents and inventors' certificates, and the published regional patents and inventors' certificates, (iii) such other published items of non-patent literature as the International Searching Authorities shall agree upon and which shall be published in a list by the International Bureau when agreed upon for the first time and whenever changed. (c) Subject to paragraphs (d) and (e), the "national patent documents" shall be the following: (i) the patents issued in and after 1920 by France, the former Reichspatentamt of Germany, Japan, the Soviet Union, Switzerland (in French and German languages only), the United Kingdom, and the United States of America, (ii) the patents issued by the Federal Republic of Germany, (iii) the patent applications, if any, published in and after 1920 in the countries referred to in items (i) and (ii), (iv) the inventors' certificates issued by the Soviet Union, (v) the utility certificates issued by, and the published applications for utility certificates of, France. (vi) such patents issued by, and such patent applications published in, any other country after 1920 as are in the English, French, or German language and in which no priority is claimed, provided that the national Office of the interested country sorts out these documents and places them at the disposal of each International Searching Authority. (d) Where an application is republished once (for example, an Offenlegungschrift as an Auslegeschrift) or more than once, no International Searching Authority shall be obliged to keep all versions in its documentation; consequently, each such Authority shall be entitled not to keep more than one version. Furthermore, where an application is granted and is issued in the form of a patent or a utility certificate (France), no International Searching Authority shall be obliged to keep both the application and the patent or utility certificate (France) in its documentation; consequently, each such Authority shall be entitled to keep either the application only or the patent or utility certificate (France) only. (e) Any International Searching Authority whose official language, or one of whose official languages, is not Japanese or Russian is entitled not to include in its documentation those patent documents of Japan and the Soviet Union, respectively, for which no abstracts in the English language are generally available. English abstracts becoming generally available after the date of entry into force of these Regulations shall require the inclusion of the patent documents to which the abstracts refer no later than 6 months after such abstracts become generally available. In case of the interruption of abstracting services in English in technical fields in which English abstracts were formerly generally available, the Assembly shall take appropriate measures to provide for the prompt restoration of such services in the said fields. (f) For the purposes of this Rule, applications which have only been laid open for public inspection are not considered published applications. RULE 35 THE COMPETENT INTERNATIONAL SEARCHING AUTHORITY 35.1 When Only One International Searching Authority is Competent Each receiving Office shall, in accordance with the terms of the applicable agreement referred to in Article 16(3)(b), inform the International Bureau which International Searching Authority is competent for the searching of the international applications filed with it, and the International Bureau shall promptly publish such information. 35.2 When Several International Searching Authorities are Competent (a) Any receiving Office may, in accordance with the terms of the applicable agreement referred to in Article 16(3)(b), specify several International Searching Authorities: (i) by declaring all of them competent for any international application filed with it, and leaving the choice to the applicant, or (ii) by declaring one or more competent for certain kinds of international applications filed with it, and declaring one or more others competent for other kinds of international applications filed with it, provided that, for those kinds of international applications for which several International Searching Authorities are declared to be competent, the choice shall be left to the applicant. (b) Any receiving Office availing itself of the faculty provided in paragraph (a) shall promptly inform the International Bureau, and the International Bureau shall promptly publish such information. RULE 36 MINIMUM REQUIREMENTS FOR INTERNATIONAL SEARCHING AUTHORITIES 36.1 Definition of Minimum Requirements The minimum requirements referred to in Article 16(3)(c) shall be the following: (i) the national Office or intergovernmental organization must have at least 100 full-time employees with sufficient technical qualifications to carry out searches; (ii) that Office or organization must have in its possession at least the minimum documentation referred to in Rule 34, properly arranged for search purposes; (iii) that Office or organization must have a staff which is capable of searching the required technical fields and which has the language facilities to understand at least those languages in which the minimum documentation referred to in Rule 34 is written or is translated. RULE 37 MISSING OR DEFECTIVE TITLE 37.1 Lack of Title If the international application does not contain a title and the receiving Office has notified the International Searching Authority that it has invited the applicant to correct such defect, the International Searching Authority shall proceed with the international search unless and until it receives notification that the said application is considered withdrawn. 37.2 Establishment of Title If the international application does not contain a title and the International Searching Authority has not received a notification from the receiving Office to the effect that the applicant has been invited to furnish a title, or if the said Authority finds that the title does not comply with Rule 4.3, it shall itself establish a title. RULE 38 MISSING ABSTRACT 38.1 Lack of Abstract If the international application does not contain an abstract and the receiving Office has notified the International Searching Authority that it has invited the applicant to correct such defect, the International Searching Authority shall proceed with the international search unless and until it receives notification that the said application is considered withdrawn. 38.2 Establishment of Abstract (a) If the international application does not contain an abstract and the International Searching Authority has not received a notification from the receiving Office to the effect that the applicant has been invited to furnish an abstract, or if the said Authority finds that the abstract does not comply with Rule 8, it shall itself establish an abstract (in the language in which the international application is published). In the latter case, it shall invite the applicant to comment on the abstract established by it within 1 month from the date of the invitation. (b) The definitive contents of the abstract shall be determined by the International Searching Authority. RULE 39 SUBJECT MATTER UNDER ARTICLE 17(2)(a)(i) 39.1 Definition No International Searching Authority shall be required to search an international application if, and to the extent to which, its subject matter is any of the following: (i) scientific and mathematical theories, (ii) plant or animal varieties or essentially biological processes for the production of plants and animals, other than microbiological processes and the products of such processes, (iii) schemes, rules or methods of doing business, performing purely mental acts or playing games, (iv) methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods, (v) mere presentations of information, (vi) computer programs to the extent that the International Searching Authority is not equipped to search prior art concerning such programs. RULE 40 LACK OF UNITY OF INVENTION (INTERNATIONAL SEARCH) 40.1 Invitation to Pay The invitation to pay additional fees provided for in Article 17(3)(a) shall specify the reasons for which the international application is not considered as complying with the requirement of unity of invention and shall indicate the amount to be paid. 40.2 Additional Fees (a) The amount of the additional fee due for searching under Article 17(3)(a) shall be determined by the competent International Searching Authority. (b) The additional fee due for searching under Article 17(3)(a) shall be payable direct to the International Searching Authority. (c) Any applicant may pay the additional fee under protest, that is, accompanied by a reasoned statement to the effect that the international application complies with the requirement of unity of invention or that the amount of the required additional fee is excessive. Such protest shall be examined by a three-member board or other special instance of the International Searching Authority or any competent higher authority, which, to the extent that it finds the protest justified, shall order the total or partial reimbursement to the applicant of the additional fee, On the request of the applicant, the text of both the protest and the decision thereon shall be notified to the designated Offices together with the international search report. The applicant shall submit any translation thereof with the furnishing of the translation of the international application required under Article 22. (d) The three-member board, special instance or competent higher authority, referred to in paragraph (c), shall not comprise any person who made the decision which is the subject of the protest. 40.3 Time Limit The time limit provided for in Article 17(3)(a) shall be fixed, in each case, according to the circumstances of the case, by the International Searching Authority; it shall not be shorter than 15 or 30 days, respectively, depending on whether the applicant's address is in the same country as or in a different country from that in which the International Searching Authority is located, and it shall not be longer than 45 days, from the date of the invitation. RULE 41 THE INTERNATIONAL-TYPE SEARCH 41.1 Obligation to Use Results; Refund of Fee If reference has been made in the request, in the form provided for in Rule 4.11, to an international-type search carried out under the conditions set out in Article 15(5), the International Searching Authority shall, to the extent possible, use the results of the said search in establishing the international search report on the international application. The International Searching Authority shall refund the search fee, to the extent and under the conditions provided for in the agreement under Article 16(3)(b), if the international search report could wholly or partly be based on the results of the international-type search. RULE 42 TIME LIMIT FOR INTERNATIONAL SEARCH 42.1 Time Limit for International Search All agreements concluded with International Searching Authorities shall provide for the same time limit for establishing the international search report or the declaration referred to in Article 17(2)(a). This time limit shall not exceed 3 months from the receipt of the search copy by the International Searching Authority, or 9 months from the priority date, whichever time limit expires later. For a transitional period of 3 years from the entry into force of the Treaty, time limits for the agreement with any International Searching Authority may be individually negotiated, provided that such time limits shall not extend by more than 2 months the time limits referred to in the preceding sentence and in any case shall not go beyond the expiration of the 18th month after the priority date. RULE 43 THE INTERNATIONAL SEARCH REPORT 43.1 Identifications The international search report shall identify the International Searching Authority which established it by indicating the name of such Authority, and the international application by indicating the international application number, the name of the applicant, the name of the receiving Office, and the international filing date. 43.2 Dates The international search report shall be dated and shall indicate the date on which the international search was actually completed. It shall also indicate the filing date of any earlier application whose priority is claimed. 43.3 Classification (a) The international search report shall contain the classification of the subject matter at least according to the International Patent Classification. (b) Such classification shall be effected by the International Searching Authority. 43.4 Language Every international search report and any declaration made under Article 17(2)(a) shall be in the language in which the international application to which it relates is published. 43.5 Citations (a) The international search report shall contain the citations of the documents considered to be relevant. (b) The method of identifying any cited document shall be regulated by the Administrative Instructions. (c) Citations of particular relevance shall be specially indicated. (d) Citations which are not relevant to all the claims shall be cited in relation to the claim or claims to which they are relevant. (e) If only certain passages of the cited document are relevant or particularly relevant, they shall be identified, for example, by indicating the page, the column, or the lines, where the passage appears. 43.6 Fields Searched (a) The international search report shall list the classification identification of the fields searched. If that identification is effected on the basis of a classification other than the International Patent Classification, the International Searching Authority shall publish the classification used. (b) If the international search extended to patents, inventors' certificates, utility certificates, utility models, patents or certificates of addition, inventors' certificates of addition, utility certificates of addition, or published applications for any of those kinds of protection, of States, periods, or languages, not included in the minimum documentation as defined in Rule 34, the international search report shall, when practicable, identify the kinds of documents, the States, the periods, and the languages to which it extended. For the purposes of this paragraph, Article 2(ii) shall not apply. 43.7 Remarks Concerning Unity of Invention If the applicant paid additional fees for the international search, the international search report shall so indicate. Furthermore, where the international search was made on the main invention only (Article 17(3)(a)), the international search report shall indicate what parts of the international application were and what parts were not searched. 43.8 Signature The international search report shall be signed by an authorized officer of the International Searching Authority. 43.9 No Other Matter The international search report shall contain no matter other than that enumerated in Rules 33.1(b) and (c), 43.1, 2, 3, 5, 6, 7 and 8, and 44.2(a) and (b), and the indication referred to in Article 17(2)(b). In particular, it shall contain no expressions of opinion, reasoning, arguments, or explanations. 43.10 Form The physical requirements as to the form of the international search report shall be prescribed by the Administrative Instructions. RULE 44 TRANSMITTAL OF THE INTERNATIONAL SEARCH REPORT, ETC. 44.1 Copies of Report or Declaration The International Searching Authority shall, on the same day, transmit one copy of the international search report or the declaration referred to in Article 17(2)(a) to the International Bureau and one copy to the applicant. 44.2 Title or Abstract (a) Subject to paragraphs (b) and (c), the international search report shall either state that the International Searching Authority approves the title and the abstract as submitted by the applicant or be accompanied by the text of the title and/or abstract as established by the International Searching Authority under Rules 37 and 38. (b) If, at the time the international search is completed, the time limit allowed for the applicant to comment on any suggestion of the International Searching Authority in respect of the abstract has not expired, the international search report shall indicate that it is incomplete as far as the abstract is concerned. (c) As soon as the time limit referred to in paragraph (b) has expired, the International Searching Authority shall notify the abstract approved or established by it to the International Bureau and to the applicant. 44.3 Copies of Cited Documents (a) The request referred to in Article 20(3) may be presented any time during 7 years from the international filing date of the international application to which the international search report relates. (b) The International Searching Authority may require that the party (applicant or designated Office) presenting the request pay to it the cost of preparing and mailing the copies. The level of the cost of preparing, copies shall be provided for in the agreements referred to in Article 16(3)(b) between the International Searching Authorities and the International Bureau, (c) Any International Searching Authority not wishing to send copies direct to any designated Office shall send a copy to the International Bureau and the International Bureau shall then proceed as provided in paragraphs (a) and (b). (d) Any International Searching Authority may perform the obligations referred to in (a) to (c) through another agency responsible to it. RULE 45 TRANSLATION OF THE INTERNATIONAL SEARCH REPORT 45.1 Languages International search reports and declarations referred to in Article 17(2)(a) shall, when not in English, be translated into English. RULE 46 AMENDMENT OF CLAIMS BEFORE THE INTERNATIONAL BUREAU 46.1 Time Limit The time limit referred to in Article 19 shall be 2 months from the date of transmittal of the international search report to the International Bureau and to the applicant by the International Searching Authority or, when such transmittal takes place before the expiration of 14 months from the priority date, 3 months from the date of such transmittal. 46.2 Dating of Amendments The date of receipt of any amendment shall be recorded by the International Bureau and shall be indicated by it in any publication or copy issued by it. 46.3 Language of Amendments If the international application has been filed in a language other than the language in which it is published by the International Bureau, any amendment made under Article 19 shall be both in the language in which the international application has been filed and in that in which it is published. 46.4 Statement (a) The statement referred to in Article 19(1) shall be in the language in which the international application is published and shall not exceed 500 words if in the English language or if translated into that language. (b) The statement shall contain no comments on the international search report or the relevance of the citations contained in that report. The statement may refer to a citation contained in the international search report only in order to indicate that a specific amendment of the claims is intended to avoid the document cited. 146.5 Form of Amendments (a) The applicant shall be required to submit a replacement sheet for every sheet of the claims which, on account of an amendment or amendments under Article 19, differs from the sheet originally filed. The letter accompanying the replacement sheets shall draw attention to the differences between the replaced sheets and the replacement sheets. To the extent that any amendment results in the cancellation of an entire sheet, that amendment shall be communicated in a letter. (b) The International Bureau shall mark on each replacement sheet the international application number, the date on which it was received, and the stamp identifying the International Bureau. It shall keep in its files any replaced sheet, the letter accompanying the replacement sheet or sheets, and any letter referred to in the last sentence of paragraph (a). (c) The International Bureau shall insert any replacement sheet in the record copy and, in the case referred to in the last sentence of paragraph (a), shall indicate the cancellations in the record copy. RULE 47 COMMUNICATION TO DESIGNATED OFFICES 47.1 Procedure (a) The communication provided for in Article 20 shall be effected by the International Bureau. (b) Such communication shall be effected promptly after the International Bureau has received amendments from the applicant, or a declaration that the applicant does not wish to make amendments before the International Bureau, or, in any case, when the time limit provided for in Rule 46.1 has expired. Where, under Article 17(2)(a), the International Searching Authority has made a declaration that no international search report will be established, the communication provided for in Article 20 shall be effected, unless the international application is withdrawn, within 1 month from the date on which the International Bureau has been notified of the said declaration by the International Searching Authority; such communication shall be accompanied by an indication of the date of the notification sent to the applicant under Article 17(2)(a). (c) The International Bureau shall send a notice to the applicant indicating the designated Offices to which the communication has been effected and the date of such communication. Such notice shall be sent on the same day as the communication. (d) Each designated Office shall, when it so requires, receive the international search reports and the declarations referred to in Article 17(2)(a) also in the translation referred to in Rule 45.1. (e) Where any designated office has waived the requirement provided under Article 20, the copies of the documents which otherwise would have been sent to that Office shall, at the request of that Office or the applicant, be sent to the applicant at the time of the notice referred to in paragraph (c). 47.2 Copies (a) The copies required for communication shall be prepared by the International Bureau. (b) They shall be on sheets of A4 size. 47.3 Languages The international application communicated under Article 20 shall be in the language in which it is published provided that if that language is different from the language in which it was filed it shall, on the request of the designated Office, be communicated in either or both of these languages. RULE 48 INTERNATIONAL PUBLICATION 48.1 Form (a) The international application shall be published in the form of a pamphlet. (b) The particulars regarding the form of the pamphlet and the method of reproduction shall be governed by the Administrative Instructions. 48.2 Contents (a) The pamphlet shall contain: (i) a standardized front page, (ii) the description, (iii) the claims, (iv) the drawings, if any, (v) subject to paragraph (g), the international search report or the declaration under Article 17(2)(a). (vi) any statement filed under Article 19(1), unless the International Bureau finds that the statement does not comply with the provisions of Rule 46.4. (b) Subject to paragraph (c), the front page shall include: (i) data taken from the request sheet and such other data as are prescribed by the Administrative Instructions, (ii) a figure or figures where the international application contains drawings, (iii) the abstract; if the abstract is both in English and in another language, the English text shall appear first. (c) Where a declaration under Article 17(2)(a) has issued, the front page shall conspicuously refer to that fact and need include neither a drawing nor an abstract. (d) The figure or figures referred to in paragraph (b)(ii) shall be selected as provided in Rule 8.2. Reproduction of such figure or figures on the front page may be in a reduced form. (e) If there is not enough room on the front page for the totality of the abstract referred to in paragraph (b)(iii), the said abstract shall appear on the back of the front page. The same shall apply to the translation of the abstract when such translation is required to be published under Rule 48.3(c). (f) If the claims have been amended under Article 19, the publication shall contain either the full text of the claims both as filed and as amended or the full text of the claims as filed and specify the amendments. Any statement referred to in Article 19(1) shall be included as well, unless the International Bureau finds that the statement does not comply with the provisions of Rule 46.4. The date of receipt of the amended claims by the International Bureau shall be indicated. (g) If, at the time when publication is due, the international search report is not yet available (for example, because of publication on the request of the applicant as provided in Articles 21(2)(b) and 64(3)(c)(i)), the pamphlet shall contain, in place of the international search report, an indication to the effect that that report was not available and that either the pamphlet (then also including the international search report) will be republished or the international search report (when it becomes available) will be separately published. (h) If, at the time when publication is due, the time limit for amending the claims under Article 19 has not expired, the pamphlet shall refer to that fact and indicate that, should the claims be amended under Article 19, then, promptly after such amendments, either the pamphlet (containing the claims as amended) will be republished or a statement reflecting all the amendments will be published. In the latter case, at least the front page and the claims shall be republished and, if a statement under Article 19(1) has been filed, that statement shall be published as well, unless the International Bureau finds that the statement does not comply with the provisions of Rule 46.4. (i) The Administrative Instructions shall determine the cases in which the various alternatives referred to in paragraphs (g) and (h) shall apply. Such determination shall depend on the volume and complexity of the amendments and/or the volume of the international application and the cost factors. 48.3 Language (a) If the international application is filed in English, French, German, Japanese, or Russian, that application shall be published in the language in which it was filed. (b) If the international application is filed in a language other than English, French, German, Japanese, or Russian, that application shall be published in English translation. The translation shall be prepared under the responsibility of the International Searching Authority, which shall be obliged to have it ready in time to permit the communication under Article 20 by the prescribed date, or, if the international publication is due at an earlier date than the said communication, to permit international publication by the prescribed date. Notwithstanding Rule 16.1(a), the International Searching Authority may charge a fee for the translation to the applicant. The International Searching Authority shall give the applicant an opportunity to comment on the draft translation. The International Searching Authority shall fix a time limit reasonable under the circumstances of the case for such comments. If there is no time to take the comments of the applicant into account before the translation is communicated or if there is a difference of opinion between the applicant and the said Authority as to the correct translation, the applicant may send a copy of his comments, or what remains of them, to the International Bureau and each designated Office to which the translation was communicated. The International Bureau shall publish the essence of the comments together with the translation of the International Searching Authority or subsequently to the publication of such translation. (c) If the international application is published in a language other than English, the international search report, or the declaration referred to in Article 17(2)(a), and the abstract shall be published both in that language and in English. The translations shall be prepared under the responsibility of the International Bureau. 48.4 Earlier Publication on the Applicant's Request (a) Where the applicant asks for publication under Articles 21(2)(b) and 64(3)(c)(i) and the international search report, or the declaration referred to in Article 17(2)(a), is not yet available for publication together with the international application, the International Bureau shall collect a special publication fee whose amount shall be fixed in the Administrative Instructions. (b) Publication under Articles 21(2)(b) and 64(3)(c)(i) shall be effected by the International Bureau promptly after the applicant has asked for it and, where a special fee is due under paragraph (a), after receipt of such fee. 48.5 Notification of National Publication Where the publication of the international application by the International Bureau is governed by Article 64(3)(c)(ii), the national Office concerned shall, promptly after effecting the national publication referred to in the said provision, notify the International Bureau of the fact of such national publication. 48.6 Announcing of Certain Facts (a) If any notification under Rule 29.1(ii) reaches the International Bureau at a time later than that at which it was able to prevent the international publication of the international application, the International Bureau shall promptly publish a notice in the Gazette reproducing the essence of such notification. (b) The essence of any notification under Rule 29.2 or 51.4 shall be published in the Gazette and, if the notification reaches the International Bureau before preparations for the publication of the pamphlet have been completed, also in the pamphlet. (c) If the international application is withdrawn after its international publication, this fact shall be published in the Gazette. RULE 49 LANGUAGES OF TRANSLATIONS AND AMOUNTS OF FEES UNDER ARTICLE 22(1) and (2) 49.1 Notification (a) Any Contracting State requiring the furnishing of a translation or the payment of a national fee, or both, under Article 22, shall notify the International Bureau of: (i) the languages from which and the language into which it requires translation, (ii) the amount of the national fee. (b) Any notification received by the International Bureau under paragraph (a) shall be promptly published by the International Bureau in the Gazette. (c) If the requirements under paragraph (a) change later, such changes shall be notified by the Contracting State to the International Bureau and that Bureau shall promptly publish the notification in the Gazette. If the change means that translation is required into a language which, before the change, was not required, such change shall be effective only with respect to international applications filed later than 2 months after the publication of the notification in the Gazette. Otherwise, the effective date of any change shall be determined by the Contracting State. 49.2 Languages The language into which translation may be required must be an official language of the designated Office. If there are several of such languages, no translation may be required if the international application is in one of them. If there are several official languages and a translation must be furnished, the applicant may choose any of those languages. Notwithstanding the foregoing provisions of this paragraph, if there are several official languages but the national law prescribes the use of one such language for foreigners, a translation into that language may be required. 49.3 Statements under Article 19 For the purposes of Article 22 and the present Rule, any statement made under Article 19(1) shall be considered part of the international application. RULE 50 FACULTY UNDER ARTICLE 22(3) 50.1 Exercise of Faculty (a) Any Contracting State allowing a time limit expiring later than the time limits provided for in Article 22(1) or (2) shall notify the International Bureau of the time limits so fixed. (b) Any notification received by the International Bureau under paragraph (a) shall be promptly published by the International Bureau in the Gazette. (c) Notifications concerning the shortening of the previously fixed time limit shall be effective in relation to international applications filed after the expiration of 3 months computed from the date on which the notification was published by the International Bureau. (d) Notifications concerning the lengthening of the previously fixed time limit shall become effective upon publication by the International Bureau in the Gazette in respect of international applications pending at the time or filed after the date of such publication, or, if the Contracting State effecting the notification fixes some later date, as from the latter date. RULE 51 REVIEW BY DESIGNATED OFFICES 51.1 Time Limit for Presenting the Request to Send Copies The time limit referred to in Article 25(1)(c) shall be 2 months computed from the date of the notification sent to the applicant under Rules 20.7(i), 24.2(b), 29.1(a)(ii), or 29.1(b). 51.2 Copy of the Notice Where the applicant, after having received a negative determination under Article 11(1), requests the International Bureau, under Article 25(1), to send copies of the file of the purported international application to any of the named Offices he has attempted to designate, he shall attach to his request a copy of the notice referred to in Rule 20.7(i). 51.3 Time Limit for Paying National Fee and Furnishing The time limit referred to in Article 25(2)(a) shall expire at the same time as the time limit prescribed in Rule 51.1. 51.4 Notification to the International Bureau Where, under Article 25(2), the competent designated Office decides that the refusal, declaration or finding referred to in Article 25(1) was not justified, it shall promptly notify the International Bureau that it will treat the international application as if the error or omission referred to in Article 25(2) had not occurred. RULE 52 AMENDMENT OF THE CLAIMS, THE DESCRIPTION, AND THE DRAWINGS, BEFORE DESIGNATED OFFICES 52.1 Time Limit (a) In any designated State in which processing or examination starts without special request, the applicant shall, if he so wishes, exercise the right under Article 28 within one month from the fulfillment of the requirements under Article 22, provided that, if the communication under Rule 47.1 has not been effected by the expiration of the time limit applicable under Article 22, he shall exercise the said right not later than 4 months after such expiration date. In either case, the applicant may exercise the said right at any other time if so permitted by the national law of the said State. (b) In any designated State in which the national law provides that examination starts only on special request, the time limit within or the time at which the applicant may exercise the right under Article 28 shall be the same as that provided by the national law for the filing of amendments in the case of the examination, on special request, of national applications, provided that such time limit shall not expire prior to, or such time shall not come before, the expiration of the time limit applicable under paragraph (a). PART C RULES CONCERNING CHAPTER II OF THE TREATY RULE 53 THE DEMAND 53.1 Form (a) The demand shall be made on a printed form. (b) Copies of printed forms shall be furnished free of charge by the receiving Offices to the applicants. (c) The particulars of the forms shall be prescribed by the Administrative Instructions. (d) The demand shall be submitted in two identical copies. 53.2 Contents (a) The demand shall contain: (i) a petition, (ii) indications concerning the applicant and the agent if there is an agent, (iii) indications concerning the international application to which it relates, (iv) election of States. (b) The demand shall be signed. 53.3 The Petition The petition shall be to the following effect and shall preferably be worded as follows: "Demand under Article 31 of the Patent Cooperation Treaty: The undersigned requests that the international application specified below be the subject of international preliminary examination according to the Patent Cooperation Treaty." 53.4 The Applicant As to the indications concerning the applicant, Rules 4.4 and 4.16 shall apply, and Rule 4.5 shall apply mutatis mutandis. 53.5 The Agent If an agent is designated, Rules 4.4, 4.7, and 4.16 shall apply, and Rule 4.8 shall apply mutatis mutandis. 53.6 Identification of the International Application The international application shall be identified by the name of the receiving Office with which the international application was filed, the name and address of the applicant, the title of the invention, and, where the international filing date and the international application number are known to the applicant, that date and that number. 53.7 Election of States The demand shall name, among the designated States, at least one Contracting State bound by Chapter II of the Treaty as elected State. 53.8 Signature The demand shall be signed by the applicant. RULE 54 THE APPLICANT ENTITLED TO MAKE A DEMAND 54.1 Residence and Nationality The residence or nationality of the applicant shall, for the purposes of Article 31(2), be determined according to Rules 18.1 and 18.2. 54.2 Several Applicants: Same for All Elected States If all the applicants are applicants for the purposes of all elected States, the right to make a demand under Article 31(2) shall exist if at least one of them is (i) a resident or national of a Contracting State bound by Chapter II and the international application has been filed as provided in Article 31(2)(a), or (ii) a person entitled to make a demand under Article 31(2)(b) and the international application has been filed as provided in the decision of the Assembly. 54.3 Several Applicants: Different for Different Elected States (a) For the purposes of different elected States, different applicants may be indicated, provided that, in respect of each elected State, at least one of the applicants indicated for the purposes of that State is (i) a resident or national of a Contracting State bound by Chapter II and the international application has been filed as provided in Article 31(2)(a), or, (ii) a person entitled to make a demand under Article 31(2)(b) and the international application has been filed as provided in the decision of the Assembly. (b) If the requirement under paragraph (a) is not fulfilled in respect of any elected State, the election of that State shall be considered not to have been made. 54.4 Change in the Person or Name of the Applicant Any change in the person or name of the applicant shall, on the request of the applicant or the receiving Office, be recorded by the International Bureau, which shall notify the interested International Preliminary Examining Authority and the elected Offices accordingly. RULE 55 LANGUAGES (INTERNATIONAL PRELIMINARY EXAMINATION) 55.1 The Demand The demand shall be in the language of the international application or, when a translation is required under Rule 55.2, in the language of that translation. 55.2 The International Application (a) If the competent International Preliminary Examining Authority is not part of the same national Office or intergovernmental organization as the competent International Searching Authority, and if the international application is in a language other than the language, or one of the languages, specified in the agreement concluded between the International Bureau and the International Preliminary Examining Authority competent for the international preliminary examination, the latter may require that the applicant submit a translation of that application. (b) The translation shall be submitted not later than the later of the following two dates: (i) the date on which the time limit under Rule 46.1 expires, (ii) the date on which the demand is submitted. (c) The translation shall contain a statement that, to the best of the applicant's knowledge, it is complete and faithful. This statement shall be signed by the applicant. (d) If the provisions of paragraphs (b) and (c) are not complied with, the International Preliminary Examining Authority shall invite the applicant to comply with them within 1 month from the date of the invitation. If the applicant fails to do so, the demand shall be considered as if it had not been submitted and the International Preliminary Examining Authority shall notify the applicant and the International Bureau accordingly. RULE 56 LATER ELECTIONS 56.1 Elections Submitted Later Than the Demand The election of States not named in the demand shall be effected by a notice signed and submitted by the applicant, and shall identify the international application and the demand. 56.2 Identification of the International Application The international application shall be identified as provided in Rule 53.6. 56.3 Identification of the Demand The demand shall be identified by the date on which it was submitted and by the name of the International Preliminary Examining Authority to which it was submitted. 56.4 Form of Later Elections The later election shall preferably be made on a printed form furnished free of charge to applicants. If it is not made on such a form, it shall preferably be worded as follows: "In relation to the international application filed with... on...under No. ...by... (applicant)(and the demand for international preliminary examination submitted on...to...), the undersigned elects the following additional State(s) under Article 31 of the Patent Cooperation Treaty: ..." 56.5 Language of Later Elections The later election shall be in the language of the demand. RULE 57 THE HANDLING FEE 57.1 Requirement to Pay Each demand for international preliminary examination shall be subject to the payment of a fee for the benefit of the International Bureau ("handling fee"). 57.2 Amount (a) The amount of the handling fee shall be US $14.00 or 60 Swiss francs augmented by as many times the same amount as the number of languages into which the international preliminary examination report must, in application of Article 36(2), be translated by the International Bureau. (b) Where, because of a later election or elections, the international preliminary examination report must, in application of Article 36(2), be translated by the International Bureau into one or more additional languages, a supplement to the handling fee shall be payable and shall amount to US $14.00 or 60 Swiss francs for each additional language. 57.3 Mode and Time of Payment (a) Subject to paragraph (b), the handling fee shall be collected by the International Preliminary Examining Authority to which the demand is submitted and shall be due at the time the demand is submitted. (b) Any supplement to the handling fee under Rule 57 2(b) shall be collected by the International Bureau and shall be due at the time the later election is submitted. (c) The handling fee shall be payable in the currency prescribed by the International Preliminary Examining Authority to which the demand is submitted, it being understood that, when transferred by that Authority to the International Bureau, it shall be freely convertible into Swiss currency. (d) Any supplement to the handling fee shall be payable in Swiss currency. 57.4 Failure to Pay (Handling Fee) (a) Where the handling fee is not paid as required by Rules 57.2(a) and 57.3(a) and (c), the International Preliminary Examining Authority shall invite the applicant to pay the fee within 1 month from the date of the invitation. (b) If the applicant complies with the invitation within the prescribed time limit, the demand shall be considered as if it had been received on the date on which the International Preliminary Examining Authority receives the fee, unless, under Rule 60.1(b), a later date is applicable. (c) If the applicant does not comply with the invitation within the prescribed time limit, the demand shall be considered as if it had not been submitted. 57.5 Failure to Pay (Supplement to the Handling Fee) (a) Where the supplement to the handling fee is not paid as required by Rules 57.2(b) and 57.3(b) and (d) the International Bureau shall invite the applicant to pay the supplement within 1 month from the invitation. (b) If the applicant complies with the invitation within the prescribed time limit, the later election shall be considered as if it had been received on the date on which the International Bureau receives the supplement, unless, under Rule 60.2(b), a later date is applicable. (c) If the applicant does not comply with the invitation within the prescribed time limit, the later election shall be considered as if it had not been submitted. 57.6 Refund In no case shall the handling fee, including any supplement thereto, be refunded. RULE 58 THE PRELIMINARY EXAMINATION FEE 58.1 Right to Ask for a Fee (a) Each International Preliminary Examining Authority may require that the applicant pay a fee ("preliminary examination fee") for its own benefit for carrying out the international preliminary examination and for performing all other tasks entrusted to International Preliminary Examining Authorities under the Treaty and these Regulations. (b) The amount and the due date of the preliminary examination fee, if any, shall be fixed by the International Preliminary Examining Authority, provided that the said due date shall not be earlier than the due date of the handling fee. (c) The preliminary examination fee shall be payable directly to the International Preliminary Examining Authority. Where that Authority is a national Office, it shall be payable in the currency prescribed by that Office, and where the Authority is an intergovernmental organization, it shall be payable in the currency of the State in which the intergovernmental organization is located or in any other currency which is freely convertible into the currency of the said State. RULE 59 THE COMPETENT INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY 59.1 Demands under Article 31(2)(a) For demands made under Article 31(2)(a), each Contracting State bound by the provisions of Chapter II shall, in accordance with the terms of the applicable agreement referred to in Article 32(2) and (3), inform the International Bureau which International Preliminary Examining Authority is or which International Preliminary Examining Authorities are competent for the international preliminary examination of international applications filed with its national Office, or, in the case provided for in Rule 19.1(b), with the national Office of another State or an intergovernmental organization acting for the former Office, and the International Bureau shall promptly publish such information. Where several International Preliminary Examining Authorities are competent, the provisions of Rule 35.2 shall apply mutatis mutandis. 59.2 Demands under Article 31(2)(b) As to demands made under Article 31(2)(b), the Assembly, in specifying the International Preliminary Examining Authority competent for international applications filed with a national Office which is an International Preliminary Examining Authority, shall give preference to that Authority; if the national Office is not an International Preliminary Examining Authority, the Assembly shall give preference to the International Preliminary Examining Authority recommended by that Office. RULE 60 CERTAIN DEFECTS IN THE DEMAND OR ELECTIONS 60.1 Defects in the Demand (a) If the demand does not comply with the requirements specified in Rules 53 and 55, the International Preliminary Examining Authority shall invite the applicant to correct the defects within 1 month from the date of the invitation. (b) If the applicant complies with the invitation within the prescribed time limit, the demand shall be considered as if it had been received on the date on which the International Preliminary Examining Authority receives the correction,or, when the handling fee is received under Rule 57.4(b) at a later date, on that date. (c) If the applicant does not comply with the invitation within the prescribed time limit, the demand shall be considered as if it had not been submitted. (d) If the defect is noticed by the International Bureau, it shall bring the defect to the attention of the International Preliminary Examining Authority, which shall then proceed as provided in paragraphs (a) to (c). 60.2 Defects in Later Elections (a) If the later election does not comply with the requirements of Rule 56, the International Bureau shall invite the applicant to correct the defects within 1 month from the date of the invitation. (b) If the applicant complies with the invitation within the prescribed time limit, the later election shall be considered as if it had been received on the date on which the International Bureau receives the correction, or, where the supplement to the handling fee is received under Rule 57.5(b) at a later date, on that date. (c) If the applicant does not comply with the invitation within the prescribed time limit, the later election shall be considered as if it had not been submitted. 60.3 Attempted Elections If the applicant has attempted to elect a State which is not a designated State or which is not bound by Chapter II, the attempted election shall be considered not to have been made, and the Inter