(3)(a) If, at the time of establishing the international preliminary
examination report, the International Preliminary Examining Authority
considers that any of the situations referred to in Article 34(4)(a) exists, that
report shall state this opinion and the reasons therefor. It shall not contain any
statement as provided in paragraph (2).
(b) If a situation under Article 34(4)(b) is found to exist, the international
preliminary examination report shall, in relation to the claims in question,
contain the statement as provided in subparagraph (a), whereas, in relation to
the other claims, it shall contain the statement as provided in paragraph (2).
Article 36
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.
(b) Any translation of the said report shall be prepared by or under the
responsibility of the International Bureau, whereas any translation of the said
annexes shall be prepared by the applicant.
(3)(a) The international preliminary examination report, together with its
translation (as prescribed) and its annexes (in the original language), shall be
communicated by the International Bureau to each elected Office.
(b) The prescribed translation of the annexes shall be transmitted within
the prescribed time limit by the applicant to the elected Offices.
(4) The provisions of Article 20(3) shall apply, mutatis mutandis, to copies
of any document which is cited in the international preliminary examination
report and which was not cited in the international search report.
Article 37
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(2) If the election of all elected States is withdrawn, the demand shall be
considered withdrawn.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.
(4)(a) Subject to the provisions of subparagraph (b), withdrawal of the
demand or of the election of a Contracting State shall, unless the national law of
that State provides otherwise, be considered to be withdrawal of the
international application as far as that State is concerned.
(b) Withdrawal of the demand or of the election shall not be considered
to be withdrawal of the international application if such withdrawal is effected
prior to the expiration of the applicable time limit under Article 22; however,
any Contracting State may provide in its national law that the aforesaid shall
apply only if its national Office has received, within the said time limit, a copy
of the international application, together with a translation (as prescribed), and
the national fee.
Article 38
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.
(2) Subject to the provisions of paragraph (1) and Articles 36(1) and (3)
and 37(3)(b), neither the International Bureau nor the International Preliminary
Examining Authority shall, unless requested or authorized by the applicant, give
information on the issuance or nonissuance of an international preliminary
examination report and on the withdrawal or nonwithdrawal of the demand or of
any election.
Article 39
Copy, Translation, and Fee, to Elected Offices
(1)(a) If the election of any Contracting State has been effected prior to the
expiration of the 19th month from the priority date, the provisions of Article 22
shall not apply to such State and the applicant shall furnish a copy of the international application (unless the communication under Article 20 has
already taken place) and a translation thereof (as prescribed), and pay the
national fee (if any), to each elected Office not later than at the expiration of
30 months from the priority date.
(b) Any national law may, for performing the acts referred to in
subparagraph (a), fix time limits which expire later than the time limit provided
for in that subparagraph.
(2) The effect provided for in Article 11(3) shall cease in the elected State
with the same consequences as the withdrawal of any national application in
that State if the applicant fails to perform the acts referred to in paragraph (1)(a)
within the time limit applicable under paragraph (1)(a) or (b).
(3) Any elected Office may maintain the effect provided for in Article 11(3)
even where the applicant does not comply with the requirements provided for in
paragraph (1)(a) or (b).
Article 40
Delaying of National Examination and Other Processing
(1) If the election of any Contracting State has been effected prior to the
expiration of the 19th month from the priority date, the provisions of Article 23
shall not apply to such State and the national Office of or acting for that State
shall not proceed, subject to the provisions of paragraph (2), to the examination
and other processing of the international application prior to the expiration of
the applicable time limit under Article 39.
(2) Notwithstanding the provisions of paragraph (1), any elected Office
may, on the express request of the applicant, proceed to the examination and
other processing of the international application at any time.
Article 41
Amendment of the Claims, the Description,
and the Drawings, before Elected Offices
(1) The applicant shall be given the opportunity to amend the claims, the
description, and the drawings, before each elected Office within the prescribed
time limit. No elected Office shall grant a patent, or refuse the grant of a patent,
before such time limit has expired, except with the express consent of the
applicant.
(2) The amendments shall not go beyond the disclosure in the international
application as filed, unless the national law of the elected State permits them to
go beyond the said disclosure.
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