Availability of Copy of the International Application to Designated Offices Sample Clauses

Availability of Copy of the International Application to Designated Offices. (1) Any designated Office may ask the International Bureau to transmit to it a copy of the international application prior to the communication provided for in Article 20, and the International Bureau shall transmit such copy to the designated Office as soon as possible after the expiration of one year from the priority date.
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Availability of Copy of the International Application to Designated Offices. (1) Any designated Office may ask the International Bureau to transmit to it a copy of the international application prior to the communication provided for in Article 20, and the International Bureau shall transmit such copy to the designated Office as soon as possible after the expiration of one year from the priority date. PARAGRAPH (4): The applicable provision of the Stockholm Act of the Paris Convention is Article 4A(2), which provides that “Any filing that is equivalent to a regular national filing under... multilateral treaties concluded between countries of the Union shall be recognized as giving rise to the right of priority.” The Patent Cooperation Treaty is a multilateral treaty covered by the quoted provision. Thus, the significance of paragraph (4) is that an international application may be the basis of a priority claim in: (i) any Paris Union country not party to the Patent Cooperation Treaty, and (ii) any country party to that Treaty which the applicant did not designate. NOTES ON ARTICLE 12 PARAGRAPH (1): Depending on the prescriptions of the receiving Office, the international application must be filed in one, two or three copies (Rule 11.1). If filing of one or two copies is required, the other two copies or one copy will be prepared by the receiving Office (Rule 21). As to the transmittal of the record copy, see Rule 22: transmittal may be direct (from the receiving Office to the International Bureau) or, where the receiving Office so provides, indirect (from the receiving Office to the applicant and from the applicant to the International Bureau). See also Rule 24 (Receipt of the Record Copy by the International Bureau). As to the transmittal of the search copy, see Rule 23. See also Rule 25 (Receipt of the Search Copy by the International Searching Authority). As to the question of which International Searching Authority is competent, see Article 16(2) and Rule 35. “Receiving Office” and “International Bureau” are defined in Article 2(xv) and (xix), respectively. PARAGRAPH (2): – PARAGRAPH (3): The time limit is prescribed in Rule 22.3. See also Rule 24 (Receipt of the Record Copy by the International Bureau). NOTES ON ARTICLE 13 PARAGRAPH (1): Since the international application has the effect of a national application in the designated State (see Article 11(3)), it seems to be justified that a copy thereof be made available to the designated Office as soon as possible. Although the designated Office will be obliged to delay the pro...
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