PCT AG-NP 4.003 What are the consequences of failure to perform the acts required for entry into the national phase?

Article 24(1)(iii)
39(2)

4.003.   What are the consequences of failure to perform the acts required for entry into the national phase?  The consequences where, on expiration of the applicable time limit for entering the national phase, the required acts have not (all) been performed, are that the international application loses the effect of a national application and the procedure comes to an end in respect of each Office before which they have not (all) been performed.  Non-performance of the required acts in respect of one Office does not alter the effect of the international application before the other Offices.  The automatic loss of the effect relieves the applicant, where he decides not to pursue the international application in the national phase, of the need to expressly withdraw the international application or the designation or election of a certain State.

Article 48(2)
Rule 49.6
82bis

4.004.   Where the applicant fails to perform the required acts in time, he may ask the designated Office to maintain the effect of the international application and to excuse the delay (see paragraphs 6.022 to 6.027).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np04.html

Date retrieved: 02 November 2015

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PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase