Patent Cooperation Treaty

Done at Washington on June 19, 1970, amended on September 28, 1979, modified on February 3, 1984, and on October 3, 2001

 

TABLE OF CONTENTS*

 

Preamble Introductory Provisions

 

Article 1 Establishment of a Union

 

Article 2 Definitions

 

Chapter I: International Application and International Search

 

Article 3 The International Application

 

Article 4 The Request

 

Article 5 The Description

 

 

Article 6 The Claims

 

Article 7 The Drawings

 

Article 8 Claiming Priority

 

Article 9 The Applicant

 

Article 10 The Receiving Office

 

Article 11 Filing Date and Effects of the International Application

 

Article 12 Transmittal of the International Application to the International Bureau and the International Searching Authority

 

Article 13 Availability of Copy of the International Application to Designated Offices

 

Article 14 Certain Defects in the International Application

 

Article 15 The International Search

 

Article 16 The International Searching Authority

 

Article 17 Procedure before the International Searching Authority

 

Article 18 The International Search Report

 

Article 19 Amendment of the Claims before the International Bureau

 

Article 20 Communication to Designated Offices

 

Article 21 International Publication

 

Article 22 Copy, Translation, and Fee, to Designated Offices

 

Article 23 Delaying of National Procedure Patent Cooperation Treaty 4

 

Article 24 Possible Loss of Effect in Designated States

 

Article 25 Review by Designated Offices

 

Article 26 Opportunity to Correct before Designated Offices

 

Article 27 National Requirements

 

Article 28 Amendment of the Claims, the Description, and the Drawings, before Designated Offices

 

Article 29 Effects of the International Publication

 

Article 30 Confidential Nature of the International Application

 

Chapter II: International Preliminary Examination

 

Article 31 Demand for International Preliminary Examination

 

Article 32 The International Preliminary Examining Authority

 

Article 33 The International Preliminary Examination

 

Article 34 Procedure before the International Preliminary Examining Authority

 

Article 35 The International Preliminary Examination Report

 

Article 36 Transmittal, Translation, and Communication, of the International Preliminary Examination Report

 

Article 37 Withdrawal of Demand or Election

 

Article 38 Confidential Nature of the International Preliminary Examination

 

Article 39 Copy, Translation, and Fee, to Elected Offices

 

Article 40 Delaying of National Examination and Other Processing

 

Article 41 Amendment of the Claims, the Description, and the Drawings, before Elected Offices

 

Article 42 Results of National Examination in Elected Offices

 

Chapter III: Common Provisions

 

Article 43 Seeking Certain Kinds of Protection

 

Article 44 Seeking Two Kinds of Protection

 

Article 45 Regional Patent Treaties

 

Article 46 Incorrect Translation of the International Application

 

Article 47 Time Limits

 

Article 48 Delay in Meeting Certain Time Limits

 

Article 49 Right to Practice before International Authorities

 

Chapter IV: Technical Services

Article 50 Patent Information Services

 

Article 51 Technical Assistance

 

Article 52 Relations with Other Provisions of the Treaty

 

Chapter V: Administrative Provisions

 

Article 53 Assembly

 

Article 54 Executive Committee

 

Article 55 International Bureau

 

Article 56 Committee for Technical Cooperation

 

Article 57 Finances

 

Article 58 Regulations

 

Chapter VI: Disputes

 

Article 59 Disputes

 

Chapter VII: Revision and Amendment

 

Article 60 Revision of the Treaty

 

Article 61 Amendment of Certain Provisions of the Treaty

 

Chapter VIII: Final Provisions

 

Article 62 Becoming Party to the Treaty

 

Article 63 Entry into Force of the Treaty

 

Article 64 Reservations

 

Article 65 Gradual Application

 

Article 66 Denunciation

 

Article 67 Signature and Languages

 

Article 68 Depositary Functions

 

Article 69 Notifications

 

Patent Cooperation Treaty

 

The Contracting States,

 

Desiring to make a contribution to the progress of science and technology,

 

Desiring to perfect the legal protection of inventions,

 

Desiring to simplify and render more economical the obtaining of protection for inventions where protection is sought in several countries,

 

Desiring to facilitate and accelerate access by the public to the technical information contained in documents describing new inventions,

 

Desiring to foster and accelerate the economic development of developing countries through the adoption of measures designed to increase the efficiency of their legal systems, whether national or regional, instituted for the protection of inventions by providing easily accessible information on the availability of technological solutions applicable to their special needs and by facilitating access to the ever expanding volume of modern technology,

 

Convinced that cooperation among nations will greatly facilitate the attainment of these aims,

 

Have concluded the present Treaty.

 

INTRODUCTORY PROVISIONS

 

Article 1 Establishment of a Union

 

(1) The States party to this Treaty (hereinafter called “the Contracting States”) constitute a Union for cooperation in the filing, searching, and examination, of applications for the protection of inventions, and for rendering special technical services. The Union shall be known as the International Patent Cooperation Union.

 

(2) No provision of this Treaty shall be interpreted as diminishing the rights under the Paris Convention for the Protection of Industrial Property of any national or resident of any country party to that Convention.

 

Article 2 Definitions

 

For the purposes of this Treaty and the Regulations and unless expressly stated otherwise:

 

(i) “application” means an application for the protection of an invention; references to an “application” shall be construed as references to applications for patents for inventions, inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, and utility certificates of addition;

 

(ii) references to a “patent” shall be construed as references to patents for inventions, inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, and utility certificates of addition;

 

(iii) “national patent” means a patent granted by a national authority;

 

(iv) “regional patent” means a patent granted by a national or an intergovernmental authority having the power to grant patents effective in more than one State;

 

(v) “regional application” means an application for a regional patent;

 

(vi) references to a “national application” shall be construed as references to applications for national patents and regional patents, other than applications filed under this Treaty;

 

(vii) “international application” means an application filed under this Treaty;

 

(viii) references to an “application” shall be construed as references to international applications and national applications;

 

(ix) references to a “patent” shall be construed as references to national patents and regional patents;

 

(x) references to “national law” shall be construed as references to the national law of a Contracting State or, where a regional application or a regional patent is involved, to the treaty providing for the filing of regional applications or the granting of regional patents;

 

(xi) “priority date,” for the purposes of computing time limits, means:

 

(a) where the international application contains a priority claim under Article 8, the filing date of the application whose priority is so claimed;

 

(b) where the international application contains several priority claims under Article 8, the filing date of the earliest application whose priority is so claimed;

 

(c) where the international application does not contain any priority claim under Article 8, the international filing date of such application;

 

(xii) “national Office” means the government authority of a Contracting State entrusted with the granting of patents; references to a “national Office” shall be construed as referring also to any intergovernmental authority which several States have entrusted with the task of granting regional patents, provided that at least one of those States is a Contracting State, and provided that the said States have authorized that authority to assume the obligations and exercise the powers which this Treaty and the Regulations provide for in respect of national Offices;

 

(xiii) “designated Office” means the national Office of or acting for the State designated by the applicant under Chapter I of this Treaty;

 

(xiv) “elected Office” means the national Office of or acting for the State elected by the applicant under Chapter II of this Treaty;

 

(xv) “receiving Office” means the national Office or the intergovernmental organization with which the international application has been filed;

 

(xvi) “Union” means the International Patent Cooperation Union;

 

(xvii) “Assembly” means the Assembly of the Union;

 

(xviii) “Organization” means the World Intellectual Property Organization;

 

(xix) “International Bureau” means the International Bureau of the Organization and, as long as it subsists, the United International Bureau for the Protection of Intellectual Property (BIRPI);

 

(xx) “Director General” means the Director General of the Organization and, as long as BIRPI subsists, the Director of BIRPI.

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