PCT AG-IP 5.055 Is it possible to choose a kind of protection other than a patent, and if so how is it done?

Article 4(1)(ii)
Rule 4.1(b)(iii)

5.055.   Is it possible to choose a kind of protection other than a patent, and if so how is it done?  As indicated in paragraph 5.052, the filing of the request constitutes the indication that the international application is, in respect of each designated State to which Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State.  Examples of such kinds of protection are an inventor’s certificate, a utility certificate, a utility model, a "petty patent," a patent of addition, a certificate of addition or an inventor’s certificate of addition.  It is not possible, during the international phase, to indicate the wish to obtain a certain kind of protection for a particular designated Office.  Any further choice of the kind of protection sought can only be made at the time of national phase entry before the respective designated Offices.  Please note, however, that it is possible to withdraw a certain type of protection in respect of the designation of a State.  Annexes B indicate, for each Contracting State, the kinds of protection available.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 24 November 2017

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