5.075. What is the purpose of those declarations? The purpose of declarations under Rule 4.17 is to enable applicants to comply with some of the national requirements of the designated Offices referred to in Rule 51bis.1 already during the international phase. The national laws of many designated Offices require the applicant to furnish documents or evidence relating to certain matters, for example the applicant’s entitlement to apply for or be granted a patent, during the national phase. By submitting declarations under Rule 4.17 during the international phase, the applicant will generally not have to furnish any documents or evidence on the particular subject matter covered by the declaration to any designated Office which has such a requirement. For example, when the applicant furnishes a declaration under Rule 4.17(ii) during the international phase, he does generally not need to submit any further document or evidence relating to the applicant’s entitlement to apply for or be granted a patent (for example an assignment document transferring rights from the inventor to the applicant) during the national phase before designated Offices which have such requirements under their national law (see also paragraph 5.081). The PCT does not require that declarations be submitted during the international phase, but if they are, they should be prepared using standardized wording (see paragraphs 5.076 to 5.078). No other declaration(s) may be included in any of Boxes VIII (i) to (v).
Date retrieved: 24 November 2017