Patent Law Treaty:Article 6 Application

Patent Law Treaty

Article 6 Application

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1. [Form or Contents of Application]

Except where otherwise provided for by this Treaty, no Contracting Party shall require compliance with any requirement relating to the form or contents of an application different from or additional to:

(i)

the requirements relating to form or contents which are provided for in respect of international applications under the Patent Cooperation Treaty;

(ii)

the requirements relating to form or contents compliance with which, under the Patent Cooperation Treaty, may be required by the Office of, or acting for, any State party to that Treaty once the processing or examination of an international application, as referred to in Article 23 or 40 of the said Treaty, has started;

(iii)

any further requirements prescribed in the Regulations.

2. [Request Form]

a)

A Contracting Party may require that the contents of an application which correspond to the contents of the request of an international application under the Patent Cooperation Treaty be presented on a request Form prescribed by that Contracting Party. A Contracting Party may also require that any further contents allowed under paragraph 1(ii) or prescribed in the Regulations pursuant to paragraph 1(iii) be contained in that request Form.

b)

Notwithstanding subparagraph a), and subject to Article 8(1), a Contracting Party shall accept the presentation of the contents referred to in subparagraph a) on a request Form provided for in the Regulations.

3. [Translation]

A Contracting Party may require a translation of any part of the application that is not in a language accepted by its Office. A Contracting Party may also require a translation of the parts of the application, as prescribed in the Regulations, that are in a language accepted by the Office, into any other languages accepted by that Office.

4. [Fees]

A Contracting Party may require that fees be paid in respect of the application. A Contracting Party may apply the provisions of the Patent Cooperation Treaty relating to payment of application fees.

5. [Priority Document]

Where the priority of an earlier application is claimed, a Contracting Party may require that a copy of the earlier application, and a translation where the earlier application is not in a language accepted by the Office, be filed in accordance with the requirements prescribed in the Regulations.

6. [Evidence]

A Contracting Party may require that evidence in respect of any matter referred to in paragraph 1 or 2 or in a declaration of priority, or any translation referred to in paragraph 3 or 5, be filed with its Office in the course of the processing of the application only where that Office may reasonably doubt the veracity of that matter or the accuracy of that translation.

7. [Notification]

Where one or more of the requirements applied by the Contracting Party under paragraphs 1 to 6 are not complied with, the Office shall notify the applicant, giving the opportunity to comply with any such requirement, and to make observations, within the time limit prescribed in the Regulations.

8. [Non-Compliance with Requirements]

a)

Where one or more of the requirements applied by the Contracting Party under paragraphs 1 to 6 are not complied with within the time limit prescribed in the Regulations, the Contracting Party may, subject to subparagraph b) and Articles 5 and 10, apply such sanction as is provided for in its law.

b)

Where any requirement applied by the Contracting Party under paragraph 1, 5 or 6 in respect of a priority claim is not complied with within the time limit prescribed in the Regulations, the priority claim may, subject to Article 13, be deemed non-existent. Subject to Article 5(7)b), no other sanctions may be applied.

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