World Intellectual Property Organization

Regulations under the PCT

Rule 88
Amendment of the Regulations

88.1       Requirement of Unanimity

Amendment of the following provisions of these Regulations shall require that no State having the right to vote in the Assembly vote against the proposed amendment:

(i)  Rule 14.1 (Transmittal Fee),

(ii)  [deleted]

(iii)  Rule 22.3 (Time Limit Under Article 12(3)),

(iv)  Rule 33 (Relevant Prior Art for International Search),

(v)  Rule 64 (Prior Art for International Preliminary Examination),

(vi)  Rule 81 (Modification of Time Limits Fixed in the Treaty),

(vii)  the present paragraph (i.e., Rule 88.1).

88.2       [Deleted]

88.3       Requirement of Absence of Opposition by Certain States

Amendment of the following provisions of these Regulations shall require that no State referred to in Article 58(3)(a)(ii) and having the right to vote in the Assembly vote against the proposed amendment:

(i)  Rule 34 (Minimum Documentation),

(ii)  Rule 39 (Subject Matter Under Article 17(2)(a)(i)),

(iii)  Rule 67 (Subject Matter Under Article 34(4)(a)(i)),

(iv)  the present paragraph (i.e., Rule 88.3).

88.4       Procedure

Any proposal for amending a provision referred to in Rules 88.1 or 88.3 shall, if the proposal is to be decided upon in the Assembly, be communicated to all Contracting States at least two months prior to the opening of that session of the Assembly which is called upon to make a decision on the proposal.

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