Ugovor o suradnji na području patenata - Državni zavod za ...

(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