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Common Provisions of the Patent Cooperation Treaty

Common Provisions of the Patent Cooperation Treaty

The Patent Cooperation Treaty addresses some more common aspects of international patent law under its Common Provisions chapter. These rules provide for a simple and general collection that address legislation regarding broad topics. However, two important considerations under the common provisions are worth note for they address a specific kind of international patent law protection in the contracting states.

These certain kinds of protection are included in Articles 43 and 44. Article 43 provides for the ability to seek certain kinds of protection, such as inventors' certificates, patents or certificates of additions, utility certificates of addition, and utility models. In certain instances, inventors or creators will seek these types of protection in the contracting states–for those that offer them–rather than an actual patent because of certain protection rights that they may grant. At the time of the international patent application submission, under international patent law, the applicant must provide for the necessary information as well as the affirmation of employing this option must be notified to the appropriate office. 

Article 44 simply relates to the option of employing two or more of these kinds of patent protection, and how the applicant is to make note of such choice apparent in the application. It is important for the applicant to know whether or not a particular contracting state or country provides for these types of patent protection rights under their national or domestic jurisdictions. Article 45 provides for a similar concept with extends the possibility for further patent protection. Under international patent law governed by the Patent Cooperation Treaty, an applicant submitting an international patent application may also decide to have the application submitted to be recognized under any regional or national treaties for patent registration. 

If the applicant deems to have an advantageous purpose, he/she may choose to have the international application to be considered as an application for a national or regional submission for registration. The nation or country elected for international patent registration may then review the application, and if it coincides with their domestic patent laws and regulations, it can be submitted for a patent grant for that particular nation. This option provides for an applicant of an international patent registration to submit for consideration patents to be granted under the contracting states through one application process.

Articles 47 through 49 provide for a more general guideline regarding broad topics to be considered under the Patent Cooperation Treaty. Articles 47 and 48 deal with the imposed time limits under PCT regulations. Though there are various time limits imposed under the legislation, the actual limits themselves are not specifically referred to in this chapter. Time limits vary depending on the various actions to be carried out by PCT standards, and are included in their specific sections of the their legislation. In this section, it simply stated that the time limits are subject to change and are at the discretion of the members of the Assembly. 

Changes in the imposed time limits under international patent law must be submitted to a vote. Only a unanimous vote will allow the amendment of the prescribed time limits in the PCT legislation. The concept of time limits in this section also includes provisions where exceptions may be considered. If there is any type of discrepancy in the transfer of information by any of the involved parties in the application and registration procedures due mail service interruptions, or loss or delay of materials in the mail. If such an instance is to occur, the time limits shall be considered as met if the necessary proof can be provided. Article 48 also provides for the authority of any contracting state or nation to excuse time limits at their discretion. Article 49 is probably the most general of the regulations under the Common Provisions of the international patent law. Contact patent lawyers to review your case.

It simply states that any person that files an international application for registration has the right to employ an attorney, a patent agent, or relevant representatives to aid in all aspects of the international patent registration procedure. It states that attorneys are entitled to practice before the International Bureau, the International Searching Authority, and the International Preliminary Examining Authority, in regards to a client's application to any of these organizations.