PCT Notification No. 153
Patent Cooperation Treaty (PCT)
Modifications of Article 22 of the Patent Cooperation Treaty (PCT), Amendments of the Regulations Under the PCT and Decisions Relating to Entry into Force and Transitional Arrangements
Adopted by the Assembly of the International Patent Cooperation Union (PCT Union) at its thirtieth (13th ordinary) session on October 3, 2001, with effect from April 1, 2002
MODIFICATIONS OF ARTICLE 22 OF THE PCT
Copy, Translation, and Fee, to Designated Offices
(1) The applicant shall furnish a copy of the international application (unless the communication provided for in Article 20 has already taken place) and a translation thereof (as prescribed), and pay the national fee (if any), to each designated Office not later than at the expiration of 30 months from the priority date. Where the national law of the designated State requires the indication of the name of and other prescribed data concerning the inventor but allows that these indications be furnished at a time later than that of the filing of a national application, the applicant shall, unless they were contained in the request, furnish the said indications to the national Office of or acting for the State not later than at the expiration of 30 months from the priority date.
(2) Where the International Searching Authority makes a declaration, under Article 17(2)(a), that no international search report will be established, the time limit for performing the acts referred to in paragraph (1) of this Article shall be the same as that provided for in paragraph (1).
(3) Any national law may, for performing the acts referred to in paragraphs (1) or (2), fix time limits which expire later than the time limit provided for in those paragraphs.
AMENDMENTS OF RULE 90bis OF THE REGULATIONS UNDER THE PCT
90bis.1 Withdrawal of the International Application
(a) The applicant may withdraw the international application at any time prior to the expiration of 30 months from the priority date.
(b) and (c) [No change]
90bis.2 Withdrawal of Designations
(a) The applicant may withdraw the designation of any designated State at any time prior to the expiration of 30 months from the priority date. Withdrawal of the designation of a State which has been elected shall entail withdrawal of the corresponding election under Rule 90bis.4.
(b) to (e) [No change]
90bis.3 Withdrawal of Priority Claims
(a) The applicant may withdraw a priority claim, made in the international application under Article 8(1), at any time prior to the expiration of 30 months from the priority date.
(b) to (e) [No change]
90bis.4 to 90bis.7 [No change]
DECISIONS RELATING TO ENTRY INTO FORCE AND TRANSITIONAL ARRANGEMENTS
(1) The modifications of the time limits fixed in Article 22(1) shall, subject to paragraphs (2) and (3), enter into force on April 1, 2002. The modifications shall apply, so far as any designated Office is concerned, to any international application in respect of which the period of 20 months from the priority date expires on or after the date on which the modifications enter into force in respect of that Office and in respect of which the acts referred to in Article 22(1) have not yet been performed by the applicant.
(2) If, on October 3, 2001, any such modification is not compatible with the national law applied by a designated Office, it shall not apply in respect of that Office for as long as it continues not to be compatible with that law, provided that the said Office notifies the International Bureau accordingly by January 31, 2002. The notification shall be promptly published by the International Bureau in the Gazette.
(3) Any notification sent to the International Bureau under paragraph (2) may be withdrawn at any time. Such withdrawal shall be promptly published by the International Bureau in the Gazette and the modifications shall enter into force two months after the date of such publication or on such earlier or later date as may be indicated in the notice of withdrawal.
(4) It is recommended that any Contracting State whose national law is not compatible with the modifications take urgent action to amend its law to make it compatible so that a notification does not have to be given under paragraph (2) or, if such a notification must be given, so that it can be withdrawn under paragraph (3) as soon as possible thereafter.
(5) The amendments of Rule 90bis shall enter into force on April 1, 2002.
I hereby certify that the foregoing is a true copy of the original text in English of the modifications of Article 22 of the Patent Cooperation Treaty (PCT), amendments of the Regulations under the PCT and decisions relating to entry into force and transitional arrangements, adopted by the Assembly of the International Patent Cooperation Union (PCT Union) at its thirtieth (13th ordinary) session on October 3, 2001, with effect from April 1, 2002.
World Intellectual Property Organization
December 14, 2001
1. The following reproduces the text as amended of Rule 90bis. Where a paragraph or item has not been amended, the indication " [No change]" appears.