R.82bis PCT Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits

82bis.1       Meaning of "Time Limit" in Article 48(2)

The reference to "any time limit" in Article 48(2) shall be construed as comprising a reference:

(i)  to any time limit fixed in the Treaty or these Regulations;

(ii)  to any time limit fixed by the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau or applicable by the receiving Office under its national law;

(iii)  to any time limit fixed by, or in the national law applicable by, the designated or elected Office, for the performance of any act by the applicant before that Office.

82bis.2       Reinstatement of Rights and Other Provisions to Which Article 48(2) Applies

The provisions of the national law which is referred to in Article 48(2) concerning the excusing, by the designated or elected State, of any delay in meeting any time limit are those provisions which provide for reinstatement of rights, restoration, restitutio in integrum or further processing in spite of non-compliance with a time limit, and any other provision providing for the extension of time limits or for excusing delays in meeting time limits.

Source: http://www.wipo.int/pct/en/texts/articles/r82bis.htm

Date retrieved: 17 May 2021

11 references found.

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EPO Guidelines - E General Procedural Matters

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

PCT Articles

PCT Newsletter - Practical Advice

Case Law Book: III Amendments

General Case Law