PCT AG-NP 6.024 What must be done by an applicant who has exceeded the time limit for entering the national phase and/or who failed to perform the acts referred to in Article 22 or 39.1 within the applicable time limit?

Article 48(2)
Rule 49.6
82bis.2

6.024.  What must be done by an applicant who has exceeded the time limit for entering the national phase and/or who failed to perform the acts referred to in Article 22 or 39.1 within the applicable time limit?  Contracting States are required under Rule 49.6 to provide for the possibility to reinstate the rights of the applicant with respect to an international application where the applicant failed to comply with the requirements of Article 22 or 39.1.  Details of this possibility are given in Rule 49.6.  Some Contracting States have notified the International Bureau, under Rule 49.6(f), of the incompatibility of this Rule with their national laws.  A table of such notifications is available on WIPO’s website at: www.wipo.int/pct/en/texts/reservations/res_incomp.html#R_49_6_f.  Once a State has taken the necessary actions to amend its national law, notification of this will be published in the Official Notices (PCT Gazette) and the table will be updated.  Moreover, even if a Contracting State has made a notification under Rule 49.6(f), the applicant is advised to check with the Office concerned whether a system to reinstate rights with respect to an application exists or not.  Some States have made notifications only because their national laws already contain provisions for the reinstatement of rights but these provisions are not in line with the contents of Rule 49.6.  Some States therefore have no procedure in place to reinstate rights with respect to an application whereas others do have such systems, either more or less favorable to the applicant than Rule 49.6.

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

Date retrieved: 02 November 2015

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