World Intellectual Property Organization

PCT Notification No. 202
Patent Cooperation Treaty (PCT)

Certified Copy
Amendments to the Regulations under the Patent Cooperation Treaty (PCT)

Adopted on October 9, 2012, by the Assembly of the International Patent Cooperation Union (PCT Union) at its forty-third (25th extraordinary) session held from October 1 to 9, 2012, with effect from January 1, 2013

Table of Amendments [1]

Rule 4.15
Rule 51bis.1
Rule 51bis.2
Rule 53.8
Rule 90bis.5


AMENDMENTS [2]

Rule 4
The Request (Contents)

4.1 to 4.14bis [No change]

4.15 Signature

The request shall be signed by the applicant or, if there is more than one applicant, by all of them.

4.16 to 4.19 [No change]

Rule 51bis
Certain National Requirements Allowed under Article 27

51bis.1 Certain National Requirements Allowed

    (a) Subject to Rule 51bis.2, the national law applicable by the designated Office may, in accordance with Article 27, require the applicant to furnish, in particular:

      (i) to (iii) [No change]

      (iv) where the international application designates a State whose national law requires, on October 9, 2012, the furnishing of an oath or declaration of inventorship, any document containing an oath or declaration of inventorship,

      (v) to (vii) [No change]

    (b) to (f) [No change]

51bis.2 Certain Circumstances in Which Documents or Evidence May Not Be Required

The designated Office shall not, unless it may reasonably doubt the veracity of the indications or declaration concerned, require any document or evidence:

      (i) relating to the identity of the inventor (Rule 51bis.1(a)(i)) (other than a document containing an oath or declaration of inventorship (Rule 51bis.1(a)(iv)), if indications concerning the inventor, in accordance with Rule 4.6, are contained in the request or if a declaration as to the identity of the inventor, in accordance with Rule 4.17(i), is contained in the request or is submitted directly to the designated Office;

      (ii) [No change]

      (iii) relating to the applicant’s entitlement, as at the international filing date, to claim priority of an earlier application (Rule 51bis.1(a)(iii)), if a declaration as to that matter, in accordance with Rule 4.17(iii), is contained in the request or is submitted directly to the designated Office;

      (iv) containing an oath or declaration of inventorship (Rule 51bis.1(a)(iv)), if a declaration of inventorship, in accordance with Rule 4.17(iv), is contained in the request or is submitted directly to the designated Office.

51bis.3 [No change]

Rule 53
The Demand

53.1 to 53.7 [No change]

53.8 Signature

The demand shall be signed by the applicant or, if there is more than one applicant, by all applicants making the demand.

53.9 [No change]

Rule 90bis
Withdrawals

90bis.1 to 90bis.4 [No change]

90bis.5 Signature

Any notice of withdrawal referred to in Rules 90bis.1 to 90bis.4 shall be signed by the applicant or, if there are two or more applicants, by all of them.  An applicant who is considered to be the common representative under Rule 90.2(b) shall not be entitled to sign such a notice on behalf of the other applicants.

90bis.6 and 90bis.7 [No change]


I hereby certify that the foregoing is a true copy of the original text in English of the amendments to the Regulations under the Patent Cooperation Treaty (PCT) adopted on October 9, 2012, by the Assembly of the International Patent Cooperation Union (PCT Union) at its forty-third (25th extraordinary) session held from October 1 to 9, 2012, with effect from January 1, 2013.

Francis Gurry
Director General
World Intellectual Property Organization

December 12, 2012


Footnotes:

1. These amendments shall apply to any international application whose international filing date is on or after January 1, 2013.

2. The following reproduces, for each Rule that was amended, the amended text.  Where a part of any such Rule has not been amended, the indication "[No change]" appears.

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