Consequences On National and Regional Phases
These provisions have no legal consequence as regards the patentability in national or regional patent offices designated in a PCT application, as the law of most national or regional offices requires that they draw their own conclusions based on their own national or regional patent law. This is in complete compliance with the PCT since Article 27(5) PCT provides that, as far as substantive conditions of patentability are concerned, national and regional patent laws prevail:
"Nothing in this Treaty and the Regulations is intended to be construed as prescribing anything that would limit the freedom of each Contracting State to prescribe such substantive conditions of patentability as it desires. (...)"
Read more about this topic: Computer Programs And The Patent Cooperation Treaty
Famous quotes containing the words consequences, national and/or phases:
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