PCT Rule 58bis — Extension of Time Limits for Payment of Fees (MPEP Coverage Index) – BlueIron IP
PCT Rule 58bis Extension of Time Limits for Payment of Fees
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 58bis, including 8 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section outlines the requirements for timely payment of handling and preliminary examination fees under PCT Rule 58bis, emphasizing that failure to do so within the specified time limit may result in the demand being considered unsubmitted.
What this section covers
- The section covers the extension of time limits for payment of handling and preliminary examination fees under PCT Rule 58bis.
- The scope includes the handling and preliminary examination fees, which must be paid within a specified time limit to avoid extension of these limits.
Key obligations
- Timely payment of handling and preliminary examination fees is required to avoid the demand being considered unsubmitted.
- Failure to pay these fees within the time set in PCT Rule 57.3 may result in a one-month period for payment of deficient fees plus late payment fee.
- The demand will be considered unsubmitted if the handling and preliminary examination fees are not timely paid in accordance with PCT Rule 58bis.1(d).
Practice notes
- Ensure timely payment of fees to avoid the demand being considered unsubmitted, as failure may result in additional fees and delays.
- Keep track of deadlines for fee payments to avoid missing the time limit and incurring additional costs.
Official MPEP § 58bis — Extension of Time Limits for Payment of Fees
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 58 bis Extension of Time Limits for Payment of Fees
58 bis.1 Invitation by the International Preliminary Examining Authority
- (a) Where the International Preliminary Examining Authority
finds:
- (i) that the amount paid to it is insufficient to cover the handling fee and the preliminary examination fee; or
- (ii) by the time they are due under Rules 57.3 and 58.1(b) , that no fees were paid to it; the Authority shall invite the applicant to pay to it the amount required to cover those fees, together with, where applicable, the late payment fee under Rule 58bis.2 , within a time limit of one month from the date of the invitation.
- (b) Where the International Preliminary Examining Authority has sent an invitation under paragraph (a) and the applicant has not, within the time limit referred to in that paragraph, paid in full the amount due, including, where applicable, the late payment fee under Rule 58bis.2 , the demand shall, subject to paragraph (c), be considered as if it had not been submitted and the International Preliminary Examining Authority shall so declare.
- (c) Any payment received by the International Preliminary Examining Authority before that Authority sends the invitation under paragraph (a) shall be considered to have been received before the expiration of the time limit under Rule 57.3 or 58.1(b) , as the case may be.
- (d) Any payment received by the International Preliminary Examining Authority before that Authority proceeds under paragraph (b) shall be considered to have been received before the expiration of the time limit under paragraph (a).
58 bis.2 Late Payment Fee
- (a) The payment of fees in response to an invitation under
Rule
58bis.1(a)
may be subjected by
the International Preliminary Examining Authority to the payment to it, for
its own benefit, of a late payment fee. The amount of that fee shall be:
- (i) 50% of the amount of unpaid fees which is specified in the invitation, or,
- (ii) if the amount calculated under item (i) is less than the handling fee, an amount equal to the handling fee.
- (b) The amount of the late payment fee shall not, however, exceed double the amount of the handling fee.
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- Pct Fees
- Pct International Preliminary Examination
| MPEP Section | Rules |
|---|---|
| MPEP § 1867 |