CHAPTER IIICommon ProvisionsArticle 43Seeking Certain Kinds of ProtectionIn respect of any desig<strong>na</strong>ted or elected State whose law provides for the grant of inventorsžcertificates, utility certificates, utility models, patents of certificates of addition, addition,inventorsž certificates of addition, or utility certificates of addition, the applicant mayindicate, as prescribed in the Regulations, that his inter<strong>na</strong>tio<strong>na</strong>l application is for the grant, asfar as that State is concerned, of an inventoržs certificate, a utility certificate, or a utilitymodel, rather than a patent, or that it is for the grant of a patent or certificate of addition, aninventoržs certificate of addition, or a utility certificate of addition, and the ensuing efect shallbe governed by the applicantžs choice. For the purposes of this Article and any Rulethereunder, Article 2(ii) shall not apply.Article 44Seeking Two Kinds of ProtectionIn respect of any desig<strong>na</strong>ted or elected State whose law permits an application, while beingfor the grant of a patent or one of the other kinds of protection referred to in Article 43, to bealso for the grant of another of the said kinds of protection, the applicant may indicate, asprescribed in the Regulations, the two kinds of protection he is seeking, and the ensuing effectshall be governed by the applicantžs indications. For the purposes of this Article, Article 2(ii)shall not apply.Article 45Regio<strong>na</strong>l Patent Treaties(1) Any treaty providing for the grant of regio<strong>na</strong>l patents (»regio<strong>na</strong>l patent treaty«), andgiving to all persons who, according to Article 9, are entitied to file inter<strong>na</strong>tio<strong>na</strong>l applicationsthe right to file applications for such patents, may provide that inter<strong>na</strong>tio<strong>na</strong>l applicationsdesig<strong>na</strong>ting or electing a State party to both the regio<strong>na</strong>l patent treaty and the present Treatymay be filed as applications for such patents.(2) The <strong>na</strong>tio<strong>na</strong>l law of the said desig<strong>na</strong>ted or elected State may provide that any desig<strong>na</strong>tionor election of such State in the inter<strong>na</strong>tio<strong>na</strong>l application shall have the effect of an indicationof the wish to obtain a regio<strong>na</strong>l patent under the regio<strong>na</strong>l patent treaty.Article 46Incorrect Translation of the Inter<strong>na</strong>tio<strong>na</strong>l ApplicationIf, because of an incorrect translation of the inter<strong>na</strong>tio<strong>na</strong>l application, the scope of any patentgranted on that application exceeds the scope of the inter<strong>na</strong>tio<strong>na</strong>l application in its origi<strong>na</strong>llanguage, the competent authorities of the Contracting State concerned may accordingly and64
etroactively limit the scope of the patent, and declare it null and void to the extent that itsscope has exceeded the scope of the inter<strong>na</strong>tio<strong>na</strong>l application in its origi<strong>na</strong>l language.Article 47Time Limits(1) The details for computing time limits referred to in this Treaty are governed by theRegulations.(2) (a) All time limits fixed in Chapters I and II of this Treaty may, outside any revision underArticle 60, be modified by a decision of the Contracting States.(b) Such decisions shall be made in the Assembly or through voting by correspondence andmust be u<strong>na</strong>nimous.(c) The details of the procedure are governed by the Regulations.Article 48Delay in Meeting Certain Time Limits(1) Where any time limit fixed in this Treaty or the Regulations is not met because ofinterruption in the mail service or u<strong>na</strong>voidable loss or delay in the mail, the time limit shall bedeemed to be met in the cases and subject to the proof and other conditions prescribed in theRegulations.(2)(a) Any Contracting State shall, as far as that State is concerned, excuse, for reasonsadmitted under its <strong>na</strong>tio<strong>na</strong>l law, any delay in meeting any time limit.(b) Any Contracting State may, as far as that State is concerned, excuse, for reasons other thanthose referred to in subparagraph (a), any delay in meeting any time limit.Article 49Right to Practice before Inter<strong>na</strong>tio<strong>na</strong>l AuthoritiesAny attorney, patent agent, or other person, having the right to practice before the <strong>na</strong>tio<strong>na</strong>lOffice with which the inter<strong>na</strong>tio<strong>na</strong>l application was filed, shall be entitled to practice beforethe Inter<strong>na</strong>tio<strong>na</strong>l Bureau and the competent Inter<strong>na</strong>tio<strong>na</strong>l Searching Authority and competentInter<strong>na</strong>tio<strong>na</strong>l Prelimi<strong>na</strong>ry Examining Authority in respect of that application.65