PCT AG-NP 3.002 What is the time limit for entering the national phase before an elected Office?

Article 2(xi)
39(1)
64(2)
Rule 54bis

3.002.   What is the time limit for entering the national phase before an elected Office?   The time limit is normally 30 months from the priority date, the same time limit for entering the national phase as that which applies in the case of a designated Office which has not been elected (see paragraph 3.001).  In respect of the designated Offices, for which the 20-month time limit applies (see paragraph 3.001), the time limit is 30 months from the priority date if the applicant files a demand for international preliminary examination prior to the expiration of 19 months from the priority date.  The national law applied by each elected Office may fix a time limit which expires later than 30 months from the priority date.  The National Chapter (Summary) relating to each elected Office in respect of which an extended time limit applies indicates the length of that time limit as does the table referred to in paragraph 3.001.  It should be noted that some Offices apply different time limits depending on whether the applicant enters the national phase under Chapter I (Article 22) or Chapter II (Article 39(1)) (for details see the table referred to in paragraph 3.001).  In those cases, it is recommended that applicants enter the national phase before elected Offices no later than 30 months from the priority date in order to ensure timely national phase entry.

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

Date retrieved: 02 November 2015

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