PCT Rule 81 — Modification of Time Limits Fixed in the Treaty (MPEP Coverage Index) – BlueIron IP
PCT Rule 81 Modification of Time Limits Fixed in the Treaty
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 81, including 0 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.
Official MPEP § 81 — Modification of Time Limits Fixed in the Treaty
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 81 Modification of Time Limits Fixed in the Treaty
81.1 Proposal
- (a) Any Contracting State or the Director General may propose a modification under Article 47(2) .
- (b) Proposals made by a Contracting State shall be presented to the Director General.
81.2 Decision by the Assembly
- (a) When the proposal is made to the Assembly, its text shall be sent by the Director General to all Contracting States at least two months in advance of that session of the Assembly whose agenda includes the proposal.
- (b) During the discussion of the proposal in the Assembly, the proposal may be amended or consequential amendments proposed.
- (c) The proposal shall be considered adopted if none of the Contracting States present at the time of voting votes against the proposal.
81.3 Voting by Correspondence
- (a) When voting by correspondence is chosen, the proposal shall be included in a written communication from the Director General to the Contracting States, inviting them to express their vote in writing.
- (b) The invitation shall fix the time limit within which the reply containing the vote expressed in writing must reach the International Bureau. That time limit shall not be less than three months from the date of the invitation.
- (c) Replies must be either positive or negative. Proposals for amendments or mere observations shall not be regarded as votes.
- (d) The proposal shall be considered adopted if none of the Contracting States opposes the amendment and if at least one-half of the Contracting States express either approval or indifference or abstention.