PCT AG-IP 11.063 Can a delay or loss in the mail be excused?

Article 48(1)
Rule 82.1

11.063.   Can a delay or loss in the mail be excused?  Rule 82 contains detailed provisions governing the situation where a letter arrives late or gets lost due to irregularities in the mail service, for example, because the mail service was interrupted due to a strike.  The provisions operate to excuse failure to meet a time limit for filing a document for up to six months after the expiration of the time limit concerned, provided that the document was mailed at least five days before the expiration of the time limit.  In order to take advantage of these provisions, the mailing must have been by registered airmail or, where surface mail would normally arrive at the destination concerned within two days of mailing, by registered surface mail.  Evidence is required to satisfy the Office or organization concerned, and a substitute document must be filed promptly – see Rule 82.1(b) and (c) for details.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip11.html

Date retrieved: 02 November 2015

2 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

PCT Articles

PCT Implementing Rules