PCT AG-NP 6.022 Can a delay in meeting a time limit be excused?

Article 48(2)
Rule 82bis

6.022.   Can a delay in meeting a time limit be excused?  A delay in meeting a time limit which has resulted in the international application being considered withdrawn, during either the international phase or the national phase, may be excused under certain circumstances.  The excusing of a delay is understood as any decision which has the effect of the international application being treated as if the time limit had not been exceeded.  The excusing of a delay cannot be requested during the international phase, however.  It may be granted only in the national phase (for delays in both the international phase and the national phase) by each designated Office individually, and only as far as that Office is concerned.  The conditions laid down by the national law of each designated Office are paramount in determining whether a delay must be or may be excused.  All national provisions related to the excusing of delays must be applied to international applications in the same way and under the same conditions as they are to national applications.  Examples of such provisions are those that allow for the reinstatement of rights, restoration, restitutio in integrum, revival of abandoned applications, further processing, continuation of proceedings, and so on.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np06.html

Date retrieved: 24 November 2017

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