Patent Law Treaty:Article 8 Communications; Addresses

Patent Law Treaty

Article 8 Communications; Addresses

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 and Means of Transmittal of Communications]

a)

Except for the establishment of a filing date under Article 5(1), and subject to Article 6(1), the Regulations shall, subject to subparagraphs b) to d), set out the requirements which a Contracting Party shall be permitted to apply as regards the form and means of transmittal of communications.

b)

No Contracting Party shall be obliged to accept the filing of communications other than on paper.

c)

No Contracting Party shall be obliged to exclude the filing of communications on paper.

d)

A Contracting Party shall accept the filing of communications on paper for the purpose of complying with a time limit.

2. [Language of Communications]

A Contracting Party may, except where otherwise provided for by this Treaty or the Regulations, require that a communication be in a language accepted by the Office.

3. [Model International Forms]

Notwithstanding paragraph 1a), and subject to paragraph 1b) and Article 6(2)b), a Contracting Party shall accept the presentation of the contents of a communication on a Form which corresponds to a Model International Form in respect of such a communication provided for in the Regulations, if any.

4. [Signature of Communications]

a)

Where a Contracting Party requires a signature for the purposes of any communication, that Contracting Party shall accept any signature that complies with the requirements prescribed in the Regulations.

b)

No Contracting Party may require the attestation, notarization, authentication, legalization or other certification of any signature which is communicated to its Office, except in respect of any quasi-judicial proceedings or as prescribed in the Regulations.

c)

Subject to subparagraph b), a Contracting Party may require that evidence be filed with the Office only where the Office may reasonably doubt the authenticity of any signature.

5. [Indications in Communications]

A Contracting Party may require that any communication contain one or more indications prescribed in the Regulations.

6. [Address for Correspondence, Address for Legal Service and Other Address]

A Contracting Party may, subject to any provisions prescribed in the Regulations, require that an applicant, owner or other interested person indicate in any communication:

(i)

an address for correspondence;

(ii)

an address for legal service;

(iii)

any other address provided for in the Regulations.

7. [Notification]

Where one or more of the requirements applied by the Contracting Party under paragraphs 1 to 6 are not complied with in respect of communications, the Office shall notify the applicant, owner or other interested person, 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]

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 Articles 5 and 10 and to any exceptions prescribed in the Regulations, apply such sanction as is provided for in its law.

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