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협력조약 및 규칙 (2010. 7. 1.)

2008.7.1. 이후 개정된 PCT 규칙을 반영한 최신 "특허협력조약 및 규칙"의 원문 및 번역문 자료입니다.

* 특허협력조약 규칙 번역문 중 영문과 국문상의 차이가 있는 경우에는 영문상의 규정에 기초하여 해석합니다.

특 허 협 력 조 약

<목 차>

전 문 ································································································································· 15
총 강
제1조(동맹의 설립) ······································································································· 17
제2조(정의) ···················································································································· 17
제1장 국제출원과 국제조사 ························································································· 21
제3조(국제출원) ············································································································· 21
제4조(출원서) ················································································································· 21
제5조(명세서) ················································································································· 23
제6조(청구의 범위) ······································································································· 23
제7조(도면) ···················································································································· 25
제8조(우선권 주장) ······································································································· 25
제9조(출원인) ················································································································· 25
제10조(수리관청) ········································································································· 27
제11조(국제출원일 및 국제출원의 효과) ·································································· 27
제12조(국제출원의 국제사무국과 국제조사기관에의 송부) ··································· 29
제13조(국제출원사본의 지정관청에 의한 입수 가능성) ········································· 29
제14조(국제출원의 결함) ····························································································· 29
제15조(국제조사) ··········································································································· 31
제16조(국제조사기관) ··································································································· 33
제17조(국제조사기관에서의 절차) ·············································································· 35
제18조(국제조사보고서) ······························································································· 37
제19조(국제사무국에 제출하는 청구범위의 보정서) ··············································· 37
제20조(지정관청에의 송달) ························································································· 39
제21조(국제공개) ··········································································································· 39
제22조(지정관청에 국제출원의 사본과 번역문의 제출 및 수수료의 지불) ········ 41
제23조(국내절차의 연기) ··························································································· 41
제24조(지정국에서의 효과의 상실) ············································································ 43
제25조(지정관청에 의한 검사) ··················································································· 43
제26조(지정관청에서의 보정의 기회) ········································································ 45
제27조(국내적 요건) ····································································································· 45
제28조(지정관청에서의 청구의 범위, 명세서 및 도면의 보정) ···························· 47
제29조(국제공개의 효과) ····························································································· 49
제30조(국제출원의 비밀유지) ····················································································· 51
제2장 국제예비심사 ········································································································ 53
제31조(국제예비심사의 청구) ····················································································· 53
제32조(국제예비심사기관) ··························································································· 55
제33조(국제예비심사) ··································································································· 55
제34조(국제예비심사기관에서의 절차) ······································································ 57
제35조(국제예비심사보고서) ······················································································· 59
제36조(국제예비심사보고서의 송부, 번역 및 송달) ················································ 61
제37조(국제예비심사보고의 청구 또는 선택의 취하) ············································· 61
제38조(국제예비심사의 비밀유지) ·············································································· 63
제39조(선택관청에 대한 국제출원의 사본과
           번역문의 제출 및 수수료의 지불) ··································································· 63
제40조(국내심사와 다른 절차의 연기) ······································································ 65
제41조(선택관청에서의 청구의 범위, 명세서 및 도면의 보정) ···························· 65
제42조(선택관청에서의 국내심사의 결과) ································································ 65
제3장 공동규정 ················································································································ 67
제43조(특정한 종류의 보호를 요구하는 출원) ························································ 67
제44조(두가지 종류의 보호를 요구하는 출원) ························································ 67
제45조(지역특허조약) ··································································································· 67
제46조(국제출원의 오역) ····························································································· 69
제47조(기 간) ················································································································· 69
제48조(준수되지 아니한 기간) ··················································································· 69
제49조(국제기관에 대하여 직업적조치를 취할 권리) ············································· 69
제4장 기술적 용역 ·········································································································· 71
제50조(특허정보제공용역) ··························································································· 71
제51조(기술원조) ··········································································································· 73
제52조(조약의 다른 규정과의 관계) ·········································································· 73
제5장 행정규정 ················································································································ 75
제53조(총회) ··················································································································· 75
제54조(집행위원회) ······································································································· 77
제55조(국제사무국) ······································································································· 81
제56조(기술협력위원회) ······························································································· 83
제57조(재정) ··················································································································· 85
제58조(규칙) ··················································································································· 89
제6장 분 쟁 ······················································································································· 91
제59조(분쟁) ··················································································································· 91
제7장 개정 및 수정 ········································································································ 91
제60조(조약의 개정) ····································································································· 91
제61조(조약의 특정조항의 수정) ················································································ 91
제8장 최종규정 ················································································································ 93
제62조(조약 당사국이 되기 위한 절차) ···································································· 93
제63조(조약의 발효) ····································································································· 95
제64조(유보) ··················································································································· 95
제65조(단계적 적용) ····································································································· 99
제66조(폐 기) ················································································································· 99
제67조(서명과 언어) ··································································································· 101
제68조(기 탁) ··············································································································· 101
제69조(통 보) ··············································································································· 101

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