PCT AG-NP 6.025 What must be done by the applicant who has exceeded a time limit?

Article 48(2)
Rule 51.1
51.3

6.025.   What must be done by the applicant who has exceeded a time limit?  The applicant must perform all acts required for entry into the national phase (see paragraphs 4.001 to 4.031).  He must at the same time request the designated Office to excuse the delay and to maintain the effect of the international application before it.  The procedure depends on the national requirements applicable, including any time limit for filing a request to excuse the delay.  Those requirements are indicated in the National Chapter.  Applicants can usually be sure of meeting any such time limit when the request to excuse is made and the acts for entering the national phase are performed either within two months from the date of the notification of the unfavorable decision or within two months from the date on which the time limit (such as the time limit for entering the national phase) expired.

Article 24(2)
48(2)

6.026.   The request for a delay to be excused should be made in addition to, and together with, any request for the review of a decision made by the receiving Office declaring the international application withdrawn for failure to comply with any requirement within a certain time limit (see paragraphs 6.018 to 6.021).  Should the designated Office confirm the decision made by the receiving Office, it may nevertheless maintain the effect of the international application because, under its national law, the delay may be excused in accordance with provisions for the reinstatement of rights, the revival of an abandoned application, the continuation of proceedings or the like.  It should be noted that, as outlined in the preceding paragraphs, the applicant must, before each Office concerned, fulfill all the conditions in the applicable national law, including the making of the request for a delay to be excused within any time limit prescribed by the national law.

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

Date retrieved: 02 November 2015

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