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(3) The demand for international preliminary examination shall be made separately from theinternational application. The demand shall contain the prescribed particulars and shall be inthe prescribed language and form.(4)(a) The demand shall indicate the Contracting State or States in which the applicant intendsto use the results of the international preliminary examination (»elected States«). AdditionalContracting States may be elected later. Election may relate only to Contracting States alreadydesignated under Article 4.(b) Applicants referred to in paragraph (2) (a) may elect any Contracting State bound byChapter II. Applicants referred to in paragraph (2) (b) may elect only such Contracting Statesbound by Chapter II as have declared that they are prepared to be elected by such applicants.(5) The demand shall be subject to the payment of the prescribed fees within the prescribedtime limit.(6)(a) The demand shall be submitted to the competent International Preliminary ExaminingAuthority referred to in Article 32.(b) Any later election shall be submitted to the International Bureau.(7) Each elected Office shall be notified of its election.Article 32The International Preliminary Examining Authority(1) International preliminary examination shall be carried out by the International PreliminaryExamining Authority.(2) In the case of demands referred to in Article 31(2)(a), the receiving Office, and, in the caseof demands referred to in Article 31(2)(b), the Assembly, shall, in accordance with theapplicable agreement between the interested International Preliminary Examining Authorityor Authorities and the International Bureau, specify the International Preliminary ExaminingAuthority or Authorities competent for the preliminary examination.(3) The provisions of Article 16(3) shall apply, mutatis mutandis, in respect of InternationalPreliminary Examining Authorities.Article 33The International Preliminary Examination(1) The objective of the international preliminary examination is to formulate a preliminaryand non-binding opinion on the questions whether the claimed invention appears to be novel,to involve an inventive step (to be non-obvious), and to be industrially applicable.(2) For the purposes of the international preliminary examination, a claimed invention shall beconsidered novel if it is not anticipated by the prior art as defined in the Regulations.58
(3) For the purposes of the international preliminary examination, a claimed invention shall beconsidered to involve an inventive step if, having regard to the prior art as defined in theRegulations, it is not, at the prescribed relevant date, obvious to a person skilled in the art.(4) For the purposes of the international preliminary examination, a claimed invention shall beconsidered industrially applicable if, according to its nature, it can be made or used (in thetechnological sense) in any kind of industry. »Industry« shall be understood in its broadestsense, as in the Paris Convention for the Protection of Industrial Property.(5) The criteria described above merely serve the purposes of international preliminaryexamination. Any Contracting State may apply additional or different criteria for the purposeof deciding whether, in that State, the claimed invention is patentable or not.(6) The international preliminary examination shall take into consideration all the documentscited in the international search report. It may take into consideration any additionaldocuments considered to be relevant in the particular case.Article 34Procedure before the International Preliminary Examining Authority(1) Procedure before the International Preliminary Examining Authority shall be governed bythe provisions of this Treaty, the Regulations, and the agreement which the InternationalBureau shall conclude, subjects to this Treaty and the Regulations, with the said Authority.(2)(a) The applicant shall have a right to communicate orally and in writing with theInternational Preliminary Examining Authority.(b) The applicant shall have a right to amend the claims, the description, and the drawings, inthe prescribed manner and within the prescribed time limit, before the internationalpreliminary examination report is established. The amendment shall not go beyond thedisclosure in the international application as field.(c) The applicant shall receive at least on written opinion from the International PreliminaryExamining Authority unless such Authority considers that all of the following conditions arefulfilled:(i) the invention satisfies the criteria set forth in Article 33(1),(ii) the international application complies with the requirements of this Treaty and theRegulations in so far as checked by that Authority,(iii) no observations are intended to be made under Article 35(2), last sentence.(d) The applicant may respond to the written opinion.(3)(a) If the International Preliminary Examining Authority considers that the internationalapplication does not comply with the requirement of unity of invention as set forth in theRegulations, it may invite the applicant, at his option, to restrict the claims so as to complywith the requirement or to pay additional fees.59
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ZASTUPNIČKI DOM HRVATSKOGADRŽAVNO
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dopunskih patenata ili certifikata,
Page 5 and 6:
Članak 4.Zahtjev1. Zahtjev mora sa
Page 7 and 8: 2. Skupština može odlučiti da se
Page 9 and 10: ii) ne sadržava propisane podatke
Page 11 and 12: organizacije i savjet Odbora za teh
Page 13 and 14: 2. a) Osim u iznimnim slučajevima
Page 15 and 16: ) Ako arhivski primjerak stigne u M
Page 17 and 18: ii) kada se prijevod na taj drugi j
Page 19 and 20: Članak 32.Ovlašteno tijelo za me
Page 21 and 22: 4. a) Ako Ovlašteno tijelo za međ
Page 23 and 24: 2) Uz iznimku odredbi iz stavka 1.
Page 25 and 26: Članak 45.Ugovori o regionalnom pa
Page 27 and 28: 7. Ako to smatra potrebnim, Skupšt
Page 29 and 30: 6. a) Uz iznimku odredbi iz članka
Page 31 and 32: imenovana Ovlaštenim tijelom za me
Page 33 and 34: c) Izdaci koji se ne mogu pripisati
Page 35 and 36: ) Za buduće isključenje, bilo koj
Page 37 and 38: 4. Stavak 3. nikako se ne smije tum
Page 39 and 40: ) Svaka izjava dana u skladu s ovim
Page 41 and 42: The Contracting States,PATENT COOPE
Page 43 and 44: (xv)»receiving Office« means the
Page 45 and 46: Article 5The DescriptionThe descrip
Page 47 and 48: (b) If the applicant complies with
Page 49 and 50: (3) International search shall be m
Page 51 and 52: Article 18The International Search
Page 53 and 54: (3) Any national law may, for perfo
Page 55 and 56: (4) Where the national law provides
Page 57: (2)(a) No national Office shall all
Page 61 and 62: the circumstances of the case may r
Page 63 and 64: (3) Any elected Office may maintain
Page 65 and 66: etroactively limit the scope of the
Page 67 and 68: (b) The Director General shall, on
Page 69 and 70: (8) Any intergovernmental organizat
Page 71 and 72: Article 55International Bureau(1) A
Page 73 and 74: (c) Expenses not attributable exclu
Page 75 and 76: (i) only by unanimous consent, or(i
Page 77 and 78: (2) Instruments of ratification or
Page 79 and 80: (6)(a) Any declaration made under t
Page 81: (vii) any declarations made under A
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