Implementation of Patent Cooperation Treaty

(1) The Patent Cooperation Treaty (referred to in this section as “the Treaty”), the Regulations made there under, and the Administrative Instructions made under those Regulations shall be given full effect. (2) Where reference is made in this section to the Treaty, such reference shall include the Regulations and Administrative Instructions referred to in sub-section (1). (3) The shall process international applications in accordance with the provisions of the Treaty, and in accordance with the provisions of this Act and the Regulations made there under. (4) Where the provisions of this Act and the Regulations made there under conflict with those of the Treaty, the provisions of the Treaty shall prevail. (5) An international application designating Belize shall, subject to this section, be treated as an application for a patent or a utility model certificate filed under this Act having, as its filing date, the international filing date accorded under the (6) The Intellectual Property Office shall act as a receiving Office in respect of any international application filed with it by a resident or national of Belize. 48 (7) An international application filed with the Intellectual Property Office as receiving Office shall be filed in a prescribed language and the prescribed transmittal fee shall be paid to the Registrar within one month of the date of receipt of the international application. (8) The Intellectual Property Office shall act as a designated office in respect of an international application in which Belize is designated for the purposes of obtaining a national patent or a utility model certificate under this Act. (9) The Intellectual Property Office shall act as an elected Office in respect of an international application in which Belize is designated as referred to in sub-section (8), if the applicant elects Belize for the purposes of an international preliminary examination under Chapter II of the Treaty. (10) The Intellectual Property Office, as designated Office or elected Office, shall not commence the processing of an international application before the expiration of the time limit referred to in sub-section (11), except if the applicant complies with the requirements of that sub-section and files, with the Intellectual Property Office, an express request for the early commencement of such processing. (11) The applicant in respect of an international application designating Belize shall, before the expiration of the time limit applicable under Article 22 or 39 of the Treaty, or of such later time limit as may be prescribed in the Regulations– (a) pay the prescribed fee to the Intellectual Property Office; and (b) if the international application was not filed in, and has not been published under the Treaty as a translation into, a prescribed language, file, with the Intellectual Property Office, a translation of the international application, 49 containing the prescribed contents, into such language. (12) Where the applicant does not comply with the requirements of sub-section (11) within the time limit referred to in that sub-section, the international application shall be considered as having been withdrawn for the purposes of this Act. (13) In this section, the terms “designate”, “designated “elected “international “international date”, “international preliminary examination” and “receiving Office” have the same meanings as in the Treaty.