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Re: Docket ID: [03-T-010];
CFR Citation: 37 CFR 2, 7; Published: March 28, 2003 [FR Doc. 03-07392]
Proposed section 7.14 works under the premise that irregularities are either 1) corrected by the international applicant through the United States Patent and Trademark Office (Office), or 2) corrected by the international applicant directly with the International Bureau of the World Intellectual Property Organization (International Bureau). This oversimplifies rule 11 of the Common Regulations Under the Madrid Agreement and the Protocol (Common Regulations). First, proposed section 7.14(b) categorizes irregularities in classification and identification of goods and/or services as irregularities that must be corrected by the international applicant through the Office. Then, proposed section 7.14(c) categorizes fee irregularities as irregularities that must be corrected by the international applicant through the Office, or corrected by the international applicant directly with the International Bureau. Finally, proposed section 7.14(e) categorizes all other irregularities as irregularities that must be corrected by the international applicant directly with the International Bureau. Proposed section 7.14(e) seems untenable in light of rule 11(4) of the Common Regulations, which sets forth irregularities that must be corrected by the Office itself, rather than corrected by the international applicant through the Office. Such irregularities are neither those addressed in proposed section 7.14(b), nor those addressed in proposed section 7.14(c). Technically, in defense of proposed section 7.14, the International Bureau will not "notify" both the international applicant and the Office of rule 11(4) irregularities. Rather, the International Bureau will "notify" the Office and, at the same time, "inform" the international applicant of rule 11(4) irregularities. Nevertheless, one would be hard put to find a distinction between "notify" and "inform" in proposed section 7.14, as none of the proposed sections seem to address rule 11(4) irregularities. Rule 11(4) irregularities should be addressed in proposed section 7.14. Alternatively, 7.14 should not be broadly titled "correcting irregularities in international application", and rule 11(4) irregularities should be addressed elsewhere among the proposed sections. Very truly yours, Brandon S. Kessler
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