WARNING: Although the information which follows was correct at the time of original publication in the PCT Newsletter, some information may no longer be applicable; for example, amendments may have been made to the PCT Regulations and Administrative Instructions, as well as to PCT Forms, since the PCT Newsletter concerned was published; changes to certain fees and references to certain publications may no longer be valid. Wherever there is a reference to a PCT Rule, please check carefully whether the Rule in force at the date of publication of the advice has since been amended.
Q: I filed a demand for international preliminary examination with the European Patent Office (EPO) in
A: Any time limits for the filing of a document with, or for the payment of a fee to, the EPO, which would normally have expired on 6 January 2010, will have been extended to 7 January, irrespective of whether the demand was filed with the Office in Munich, The Hague or Berlin. Therefore, even if you had filed your demand at the Office at
This situation is covered by PCT Rule 80.5(iii), and also by the European Patent Convention. Since you filed with the Munich Office (that is, the Office which was actually closed), the time limit will have been extended in accordance with PCT Rule 80.5(i), which states that if the expiration of any period during which any document or fee must reach a national Office or intergovernmental organization falls on a day on which such Office or organization is not open to the public for the purposes of the transaction of official business, the period shall expire on the next day on which none of the circumstances mentioned in PCT Rule 80.5 exist. However, if you had filed with one of the Offices in The Hague or Berlin, this would have fallen under the provisions of PCT Rule 80.5(iii), which states that if the expiration of any period during which any document or fee must reach a national Office or intergovernmental organization falls on a day which, where such Office or organization is situated in more than one locality, is an official holiday in at least one of the localities in which such Office or organization is situated, and in circumstances where the national law applicable by that Office or organization provides, in respect of such national applications, that, in such a case, such period shall expire on a subsequent day, the period shall expire on the next day on which none of the circumstances mentioned in PCT Rule 80.5 exist.
In the case of the EPO, the relevant national law is Rule 134(1) of the European Patent Convention, which states that where a time limit expires on a day on which one of the filing offices of the EPO is not open for receipt of documents, the time limit is extended until the first day thereafter on which all the filing offices are open for receipt of documents.
Note that where a Contracting State has more than one Office or address for correspondence, PCT Rule 80.5(iv) may apply where there is an official holiday in part of that Contracting State, as long as the national law applicable by that Office provides, in respect of national applications, that, in such a case, such period shall expire on a subsequent day. For example, as far as
It is recalled that annual lists of closing dates of industrial property Offices, wherever they have been made available to the International Bureau, have been published on the WIPO website at:
Where available, the dates for any separate branch Offices are also given.
1 The time limit for filing a demand is three months from the date of transmittal to the applicant of the international search report (or the declaration referred to in PCT Article 17(2)(a)) and of the written opinion established under PCT Rule 43bis.1, or 22 months from the priority date, whichever expires later (PCT Rule 54bis.1(a)). However, if the applicant wishes to benefit from the time limit for entry into the national phase under PCT Article 39(1) in certain States for which the 30-month time limit under PCT Article 22(1) is not applicable, the demand should be filed prior to the expiration of the 19th month from the priority date.
Date retrieved: 17 May 2021