PCT AG-NP 3.001 What is the time limit for entering the national phase before a designated Office?

Article 2(xi)
22

3.001.   What is the time limit for entering the national phase before a designated Office?  Subject to what is said below, no designated Office may normally process or examine the international application prior to the expiration of 30 months from the priority date and any fees due to a designated Office and any translation of the international application to be furnished to a designated Office will have to be paid and furnished, respectively, only by the expiration of that 30-month period ("priority date" means, where the international application contains a priority claim, the filing date of the application whose priority is claimed, and, where it does not contain such a claim, the filing date of the international application.  Where the international application contains two or more claims, "priority date" means the filing date of the earliest application whose priority is claimed).  In respect of certain designated Offices, the applicable time limit is 20 months, not 30 months because of the incompatibility, for the time being, of the modified PCT provision (PCT Article 22(1)) with the relevant national law;  those Offices made a declaration of incompatibility which will remain in effect until it is withdrawn by the respective Offices.  Furthermore, certain designated Offices have fixed time limits expiring even later than 30 months, or 20 months, as the case may be.  For regular updates on these applicable time limits, refer to the relevant National Chapters;  a cumulative table is also available from WIPO's website at  www.wipo.int/pct/en/texts/time_limits.html.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np03.html

Date retrieved: 02 November 2015

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