WIPO standards, regulations and guidelines

World Patent Information, Maxwell Online Inc. Printed in Great Britain

Vol. 13, No. 2, pp. 105-110, 1991

WIPO Standards,

Regulations

and Guidelines

WIPO Standard ST.3 (Recommended Standard Two-letter Code for the Representation of Countries, and of Other Entities and International Organizations Issuing or Registering Industrial Property Titles)

Information is given on the following pages of recent changes to WIPO Standards, Regulations and Guidelines adopted by the Executive Coordination Committee of the WIPO Permanent Committee on Industrial Property Information. The complete texts are published in the WIPO Patent Information and Documentation Handbook, further details of which can be obtained from WIPO, 34, chemin des Colombettes, 1211 Geneva 20, Switzerland.

The following two-letter codes were added to Standard ST.3: AW for Aruba MO for Macao NA for Namibia TC for Turks and Caicos Islands.

IPC Revision Procedure (Part 2 of the Working Methods for the Executive Coordination Committee and the Working Groups of the WIPO Permanent Committee on Industrial Property Information) After a trial period of two years the time frame for submission and processing of IPC revision requests was changed (amendments are italicized in the text):

WIPO Standard ST.9 (Recommendation Concerning Bibliographic Data on and Relating to Patent Documents - INID Codes)

Stage A

The IPC revision procedure is initiated by the International Bureau which, seven months prior to the Executive Coordination Committee session scheduled to consider IPC revision requests, invites submission of new IPC revision requests by those countries and organizations which, according to Article 5(5) of the Strasbourg Agreement Concerning the International Patent Classification, have the right to submit proposals for amendments to the IPC.

In order to encourage a wider use of the category codes ending in the digit “0” paragraph 13 was reworded: “13. The list of bibliographic data has been organized into categories to facilitate grouping of related data. Each category has several subdivisions to each of which an INID code has been assigned. Category codes, ending in ‘O’, can themselves be used in one, or both, of the following situations:

Stage B

(i) Within three months, offices will prepare revision proposals, submit them to the International Bureau and copy them to the countries and organizations referred to under Stage A which are also members of the Executive Coordination Committee. Within one month, the International Bureau will collate the proposals and send them to all members of the Executive Coordination Committee, inviting comments supporting or opposing any revision request. Any revision

(a) where several individual bibliographic data items of the same category are present and it is desired to present those individual data items together without using individual INID codes;

request received by the International Bureau before the first session of the Executive Coordination Committee in a given year, but after the deadline set, will be considered at the following session of the Committee.

The wording of Note (i) accompanying category (30) was amended:

(b) where INID codes are not provided specific bibliographic data items.

for

Offices should clearly define the use by them of category codes in each of the above situations.”

“(i) with the proviso that when data coded (31), (32) and (33) are presented together, 105

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WIPO

category (30) can be used, if so desired. If an ST.3 Code identifying a country for which a regional or international application was made is published, it should be identified as such using INID Code (34) and should be presented separately from elements coded (31), (32) and (33) or (30).” The wordings **(43)

**(44)

**(45)

(46)

of codes (43) to (46) were amended: Date of making available to the public by printing or similar process of an unexamined document, on which no grant has taken place on or before the said date. Date of making available to the public by printing or similar process of an examined document, on which no grant or only a provisional grant has taken place on or before the said date. Date of making available to the public by printing or similar process of a document on which grant has taken place on or before the said date. Date of making available to the public the claim(s) only of a document.

Standards

WIPO Standard ST.10 (Recommendations on Physical Characteristics of Published Patent Documents) Since WIPO Standards ST.l, ST.4 and ST.5, on the one hand, and the set of WIPO Standards ST.lO/A to ST. 10/D, on the other, contained almost identical rules, Standards ST.l, ST.4 and ST.5 were wholly incorporated into Standard ST. 10. Consequently, some wordings in WIPO Standard ST.10 were amended: Standard ST. 10/A (Format Documents)

(Margins,

Size) of Patent

Size of Patent Documents 1. A standard size of patent documents recommended for the following reasons:

is

. . (iv) facilitating reproduction, e.g. microfilming, photocopying, scanning, etc. . . . Standard ST.lO/C Data Components)

(Presentation

of Bibliographic

Presentation of Classification Units . . .

4.

The wordings of Notes (ii) and (iii) accompanying category (SO) were amended: (ii) All data in code (86), or in code (87), should be presented together and preferably on a single line. (iii) When data to be referenced by INID Codes (86) or (87) refer to two or more regional and/or PCT applications, each set of relevant filing or publication data of each such application should be displayed so as to be clearly distinguishable from other sets of relevant data, e.g. by presenting each set on a single line or by presenting the data of each set grouped together on adjacent lines in a column with a blank line between each set. A new code (91) was introduced (category code 90 was not provided) so as to assist in the identification of PCT applications that have failed to enter the national or regional phase: (91)

Date on which an international application filed under the PCT no longer has an effect in one or several designated or elected States due to failure to enter the national or regional phase or the date on which it has been determined that it had failed to enter the national or regional phase.

The recommended abbreviation of the International Patent Classification is “Int.Cl.“. The relevant edition should be indicated as a superscript, e.g. 1nt.Cl.s in the case of the fifth edition. . .

Identification of countries and of other entities and international organizations issuing or registering patent documents . . .

8.

Codes according to WIPO Standard ST.3 (Recommended Standard Two-letter Code for the Representation of Countries, and of Other Entities and International Organizations Issuing or Registering Industrial Property Titles) should be used when indicating (i) the country, the international organization or other entity in which a convention priority application was filed; (ii) the country, the international organization or other entity that published prior art patent documents; and (iii) the country, the international organization or other entity publishing the patent document. The name of the country, the international organization or other entity publishing the patent document may be given in plain language, in addition to the code, if so desired. 9. [Deleted] . . .

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WIPO Standards

WIPO Standard ST.11 (Recommendation on the Minimum of Indexes to be Inserted in Patent Gazettes or Published in Association with Patent Gazettes)

which has not so far issued indexes yearly/halfyearly/quarterly, but which is planning to issue such ones in the future, as well as to an industrial property office which wishes to effect changes on the cumulatives indexes issued by it so far, with a view to the more efficient usability. . . .

Following the decision that WIPO Standard ST.11 should be restricted to current indexes to be inserted in patent gazettes or published separately in association with patent gazettes, some amendments were inserted into the texts of WIPO Standards ST.11 and ST.19 as given below. Also the Appendices to that Standards were elaborated giving, respectively, the Survey of Bibliographic Information Contained in Patent Gazettes and in Current Indexes Inserted in Patent Gazettes or Published Separately in Association with Patent Gazettes, and the Survey of Cumulative Indexes Published Separately or in Association with Patent Gazettes (in view of the volume thereof those surveys are not reproduced here). WIPO Standard ST.11

References 6.

References to the following WIPO Standards are present in this Recommendation: ST.3

ST.9

ST.11

Introduction

Standard Code for the Representation of the Names of Independent States and other entities which issue Patent Documents and of International Organizations in the field of Industrial Property Recommendation concerning Bibliographic Data on and relating to Patent Documents Recommendation on the Minimum of Indexes to be Inserted in Patent Gazettes or Published in Association with Patent Gazettes Standard Code for Identification of Different Kinds of Patent Documents Recommendation for the Coding of Headings of Announcements made in Official Gazettes.

1. The present recommendation deals with the minimum of current indexes to be inserted in patent gazettes or published separately, but clearly associated with patent gazettes in order to allow easy access to the patent information contained therein. The recommendation also covers current indexes relating to patent gazettes.

ST.16

. . .

Appendix

Appendix

21.

10. The Appendix to this Standard gives information on current indexes published in patent gazettes as well as bibliographic data appearing in the main entries of patent gazettes themselves. The Appendix also covers current indexes published separately in conjunction with patent gazettes.

11. Attention is drawn to WIPO Standard ST.19 - Recommendation for the Publication of Indexes Issued Yearly/Half-yearly/Quarterly by Industrial Property Offices which gives details of cumulative indexes.

WIPO Standard ST.19 (Recommendation for the Publication of Indexes Issued Yearly/Half-yearly/Quarterly by Industrial Property Offices

ST.17

. . .

The Appendix to this Standard gives information on cumulative indexes published by many industrial property offices. 22. Attention is drawn to WIPO Standard ST.11 - Recommendation on the Minimum of Indexes to be Inserted in Patent Gazettes or Published in Association with Patent Gazettes, which gives details of current indexes inserted in patent gazettes or published separately in conjunction with patent gazettes.

WIPO Standard ST.60 (Recommendation Concerning E3ib3ia;;; hit Data Relating e This new Standard provides INID Codes (generally following those for bibliographic data for patent documents given in WIPO Standard ST.9) for the various bibliographic data relating to marks. Below is given the full text of the new Standard ST.60.

Introduction . . . 2. The purpose

of this recommendation is to provide guidance to an industrial property office

Introduction

1. This recommendation provides for codes whereby the various bibliographic data relating

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WIPO

to marks, e.g. as given in trademark gazettes, can be identified without knowledge of the language used and the industrial property laws applied. The said codes can also be used as “tags” for the said bibliographic data in machine-readable records. 2. This recommendation further indicates the bibliographic data which as a minimum should be published in trademark gazettes. 3. This recommendation is aimed at improving the access to information relating to marks in general and to the bibliographic content of trademark gazettes in particular. 4. This recommendation is generally in line with “Recommendation concerning the bibliographic data on and relating to patent documents” (WIPO Standard ST.9). Definitions 5. For the purpose expression:

of this recommendation

(b) “trademark gazette” means an official publication containing announcements relating to marks and made in accordance with requirements under national industrial property laws or international industrial property conventions or treaties; (c) “entry in a trademark gazette” means at least one comprehensive announcement made in a trademark gazette regarding the bibliographic data belonging to an application for a trademark registration or the registration itself; (d) “INID” is an acronym for “Internationally agreed Numbers for the Identification of Data”. Identification of bibliographic data and minimum required of bibliographic INID codes

data is at-

The INID

codes

which

Application of codes 9. The INID codes should be associated with the corresponding bibliographic data in so far as these data normally appear in trademark gazettes. 10. Provided the presentation of bibliographic data in entries in a trademark gazette is uniform, INID codes may be applied to the bibliographic data in a representative specimen entry in each issue of the gazette, instead of being included in each entry. 11. The INID codes should be printed in Arabic numerals, preferably within small circles or if this is not possible, in parentheses, immediately before the corresponding bibliographic data. 12. If bibliographic data to which INID codes are assigned in accordance with this recommendation do not appear in an entry in a trademark gazette - because they are not applicable (e.g. when no priority is claimed or for some other reason) - it is not necessary to call attention to the non-existence of such elements (e.g. by leaving a space or by providing the relevant INID code followed by a dash). 13. Two or more INID codes may be assigned to a single bibliographic data when necessary. 14. The list of bibliographic data has been organized into categories to facilitate grouping of related data. Each category has several subdivisions to each of which an INID code has been assigned. Category codes, ending in “O”, can themselves be used in one, or both, of the following situations: (a) where several individual bibliographic data items of the same category are present and it is desired to present those individual data items together without using individual INID codes; (b) where INID codes are not specific bibliographic data items.

provided

for

Offices should clearly define the use by them of category codes in each of the above situations.

7.The INID codes which are preceded by a single asterisk (*) relate to those data elements which are considered to be the minimum elements which sould appear in trademark gazettes. (But see also paragraph 12 in this respect.) 8.

double asterisk (* *) relate to those data elements which are considered to be minimum elements in circumstances specified in the accompanying notes.

the

(a) “mark” means a trademark, a service mark or another type of distinguishing sign according to the definition of the mark in the legislation concerned, including collective marks, certification marks or guarantee marks;

6. The list of definitions with their corresponding tached.

Standards

are preceded

by a

15. Certain categories contain more than nine INID codes for individual bibliographic data items. An example of this situation is to be found in category (50), which category embraces two-digit INID codes (01) to (09) as well as INID codes (51) to (59).

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WIPO Standards Implementation

Note:

16. In order that the users of trademark gazettes may be enabled to make maximum use of the INID codes, it is recommended that a list of the codes be published at regular intervals, in official publications, e.g. official gazettes.

(40)

17. Industrial Property Offices can start using this recommendation at any time. It is recommended that when implementing the INID codes an announcement in the sense of paragraph 16 be made.

a e s of ma k’g m available to the public DtO (44) Date of making the application available to the public (45) Date of making the registered mark available to the public

(50)

Technical information and information relating to the presentation of the mark and to the field of its application

INID Codes and Minimum Required for the Identification of Bibliographic Data (10)

Data concerning

*(51)

the registration

*cl11 Registration number (14) Date of termination of the registration of the mark **(15) Registration date (16) Data concerning renewal of the registration of the mark (17) Anticipated duration of the registration of the mark (IS) Date of anticipated expiration of the registration of the mark (19) WIPO Standard ST.3 code, or other identification of the national, regional or international authority registering the mark Note: **

(20)

(52) (53)

*(54) (55)

*(56)

* (57) (58) * (59) (01)

Minimum data element only if this date does not appear in association with another data element.

Data concerning the application *(21) Application number

*(22) Date of filing the application *(23) Other date(s) of filing and/or data concerning exhibitions (24) Date from which the trademark right may have effect (25) Place of filing (30)

With coded ented used,

Note:

(60)

Data relating to priority under the Paris Convention and other data relating to registration of the mark in the country of origin

Number(s) assigned to priority application(s) *(32) Date(s) of filing of priority application(s) *(33) Country (countries) in which priority application(s) was (were) filed (39) Data relating to the registration in the country of origin (for instance in the case of a “telle-quelle” registration) *(31)

the proviso that when data (31), (32) and (33) are prestogether, category (30) can be if so desired.

Indication -of a class or classes according to the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) Indication of class or classes according to any other classification Indication of the figurative elements of the mark, e.g. in terms of the Vienna Classification Reproduction of the mark Indication to the effect that the mark is a collective mark, a certification mark or a guarantee mark Indication that the mark is other than verbal or figurative (for example three-dimensional mark, sound mark etc.) and its description, if given List of goods and/or services Disclaimer Indication concerning colours claimed Indication to the effect that the mark has established itself in trade as a distinguishing sign Code (59) should be used if colours claimed have not been indicated in the description of the mark under code (56).

References to other legally related application (s) and registration(s) (64) Number(s) and date(s) of earlier

application(s) (70)

Information registration

(*I

and/or registration(s)

concerning

parties

to the

Indication of the trade of the proprietor(s) of the mark of the pro*(73) Name(s) and address prietor(s) of the mark of attor(74) Name(s) and address ney(s) or agent(s) with (77) Address for correspondence the proprietor(s) of the mark

WIPO

110

(78)

(79)

(84) Designated

Name(s) and address of the person(s) acquiring rights in the case of assignment of the title Name(s) and address of the licensee(s) [user(s) of the mark], and indication concerning conditions or restrictions of the license [use of the mark]

Identification of data related to International Conventions other than the Paris Convention (81)

Standards

List of countries tion is requested Agreement

for which protecunder the Madrid

States, or designated group(s) of States, under regional trademark conventions (85) Date of entry in the International Register according to the provisions of Rules 15.1 of the Regulations under the Madrid Agreement (86) Data identifying the initial national registration in a country of origin (Madrid Agreement)

Note:

This category is solely concerned with data relating to the international and regional registration of marks.