A.40 PCT Delaying of National Examination and Other Processing

(1)  If the election of any Contracting State has been effected prior to the expiration of the 19th month from the priority date, the provisions of Article 23 shall not apply to such State and the national Office of or acting for that State shall not proceed, subject to the provisions of paragraph (2), to the examination and other processing of the international application prior to the expiration of the applicable time limit under Article 39.

(2)  Notwithstanding the provisions of paragraph (1), any elected Office may, on the express request of the applicant, proceed to the examination and other processing of the international application at any time.

Source: http://www.wipo.int/pct/en/texts/articles/a40.htm

Date retrieved: 02 November 2015

25 references found.

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EPO Guidelines - E General Procedural Matters

EPO Guide for Applicants, part II Int. - A General Overview

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase

Offical Journal of the EPO

Case Law with Headnote

General Case Law