PCT Rule 82 — Irregularities in the Mail Service (MPEP Coverage Index) – BlueIron IP
PCT Rule 82 Irregularities in the Mail Service
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 82, including 9 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
PCT Rule 82 addresses extensions of time limits due to disruptions in mail services, requiring evidence and timely filing of substitute documents.
What this section covers
- This section covers the extension of time limits for PCT filings when there are disruptions in mail service, including requirements for providing evidence and filing substitute documents promptly.
Key obligations
- Practitioners must provide evidence that a delay in meeting time limits was due to mail service disruptions and file substitute documents promptly.
- A substitute document must be filed within the time limit to satisfy the Office, and evidence of mail service disruptions must be provided.
- The time limit for PCT filings must be met, with extensions allowed under specific conditions due to mail service disruptions.
Practice notes
- Ensure timely submission of evidence for delays due to mail service disruptions and file substitute documents promptly.
- Avoid delays in filing substitute documents to comply with PCT Rule 82 requirements.
Official MPEP § 82 — Irregularities in the Mail Service
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 82 Irregularities in the Mail Service
82.1 Delay or Loss in Mail
- (a) Any interested party may offer evidence that he has mailed the document or letter five days prior to the expiration of the time limit. Except in cases where surface mail normally arrives at its destination within two days of mailing, or where no airmail service is available, such evidence may be offered only if the mailing was by airmail. In any case, evidence may be offered only if the mailing was by mail registered by the postal authorities.
- (b) If the mailing, in accordance with paragraph (a), of a document or letter is proven to the satisfaction of the national Office or intergovernmental organization which is the addressee, delay in arrival shall be excused, or, if the document or letter is lost in the mail, substitution for it of a new copy shall be permitted, provided that the interested party proves to the satisfaction of the said Office or organization that the document or letter offered in substitution is identical with the document or letter lost.
- (c) In the cases provided for in paragraph (b), evidence of mailing within the prescribed time limit, and, where the document or letter was lost, the substitute document or letter as well as the evidence concerning its identity with the document or letter lost shall be submitted within one month after the date on which the interested party noticed – or with due diligence should have noticed – the delay or the loss, and in no case later than six months after the expiration of the time limit applicable in the given case.
- (d) Any national Office or intergovernmental organization which has notified the International Bureau that it will do so shall, where a delivery service other than the postal authorities is used to mail a document or letter, apply the provisions of paragraphs (a) to (c) as if the delivery service was a postal authority. In such a case, the last sentence of paragraph (a) shall not apply but evidence may be offered only if details of the mailing were recorded by the delivery service at the time of mailing. The notification may contain an indication that it applies only to mailings using specified delivery services or delivery services which satisfy specified criteria. The International Bureau shall publish the information so notified in the Gazette.
- (e) Any national Office or intergovernmental organization may
proceed under paragraph (d):
- (i) even if, where applicable, the delivery service used was not one of those specified, or did not satisfy the criteria specified, in the relevant notification under paragraph (d), or
- (ii) even if that Office or organization has not sent to the International Bureau a notification under paragraph (d).
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- Pct Filing
- Reply Period
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- Statutory Period
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| MPEP Section | Rules |
|---|---|
| MPEP § 1834.02 |