Rule 9 of the Regulations under the PCT

WIPO

INTERNATIONAL TREATIES

Regulations under the PCT

WOPCR

16/116

Rule 9

Expressions, Etc., Not to Be Used

9.1 Definition

The international application shall not contain:

(i)

expressions or drawings contrary to morality;

(ii)

expressions or drawings contrary to public order;

(iii)

statements disparaging the products or processes of any particular person other than the applicant, or the merits or validity of applications or patents of any such person (mere comparisons with the prior art shall not be considered disparaging per se);

(iv)

any statement or other matter obviously irrelevant or unnecessary under the circumstances.

9.2 Noting of Lack of Compliance

The receiving Office and the International Searching Authority may note lack of compliance with the prescriptions of Rule 9.1 and may suggest to the applicant that he voluntarily correct his international application accordingly. If the lack of compliance was noted by the receiving Office, that Office shall inform the competent International Searching Authority and the International Bureau; if the lack of compliance was noted by the International Searching Authority, that Authority shall inform the receiving Office and the International Bureau.

9.3 Reference to Article 21(6)

"Disparaging statements," referred to in Article 21(6), shall have the meaning as defined in Rule 9.1(iii).

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