A.38 PCT Confidential Nature of the International Preliminary Examination

(1)  Neither the International Bureau nor the International Preliminary Examining Authority shall, unless requested or authorized by the applicant, allow access within the meaning, and with the proviso, of Article 30(4) to the file of the international preliminary examination by any person or authority at any time, except by the elected Offices once the international preliminary examination report has been established.

A.37 PCT Withdrawal of Demand or Election

(1)  The applicant may withdraw any or all elections.

(2)  If the election of all elected States is withdrawn, the demand shall be considered withdrawn.

(3)(a)  Any withdrawal shall be notified to the International Bureau.

(b)  The elected Offices concerned and the International Preliminary Examining Authority concerned shall be notified accordingly by the International Bureau.

A.36 PCT Transmittal, Translation, and Communication, of the International Preliminary Examination Report

(1)  The international preliminary examination report, together with the prescribed annexes, shall be transmitted to the applicant and to the International Bureau.

(2)(a)  The international preliminary examination report and its annexes shall be translated into the prescribed languages.

A.34 PCT Procedure Before the International Preliminary Examining Authority

(1)  Procedure before the International Preliminary Examining Authority shall be governed by the provisions of this Treaty, the Regulations, and the agreement which the International Bureau shall conclude, subject 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 the International Preliminary Examining Authority.

A.33 PCT The International Preliminary Examination

(1)  The objective of the international preliminary examination is to formulate a preliminary and 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 be considered novel if it is not anticipated by the prior art as defined in the Regulations.

A.29 PCT Effects of the International Publication

(1)  As far as the protection of any rights of the applicant in a designated State is concerned, the effects, in that State, of the international publication of an international application shall, subject to the provisions of paragraphs (2) to (4), be the same as those which the national law of the designated State provides for the compulsory national publication of unexamined national applications as such.

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