PCT Rule 82quater — Excuse of Delay in Meeting Time Limits and (MPEP Coverage Index) – BlueIron IP
PCT Rule 82quater Excuse of Delay in Meeting Time Limits and
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 82quater, including 3 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 special provisions for excusing delays in meeting time limits due to disruptions experienced by offices or authorities under PCT Rule 82quater, including how to properly document and timely demonstrate these disruptions.
What this section covers
- Defines exceptions to the strict time limits for responding to PCT communications when a disruption is experienced by an office or authority.
- Provides special provisions for excusing delays due to disruptions, such as widespread electronic communication outages.
Key obligations
- Practitioners must demonstrate that a disruption caused by an office or authority to excuse delays in meeting time limits.
- Timely and proper documentation of the disruption is required to avoid losing the right to extend time limits.
Practice notes
- Keep detailed records of any disruptions and their impact on meeting time limits to support timely claims.
- Do not rely on excuses for delays due to personal or organizational issues, as these are not covered under this rule.
Official MPEP § 82quater — Excuse of Delay in Meeting Time Limits and
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 82 quater Excuse of Delay in Meeting Time Limits and Extension of Time Limits
82 quater.1 Excuse of Delay in Meeting Time Limits
- (a) Any interested party may offer evidence that a time limit fixed in the Regulations for performing an action before the receiving Office, the International Searching Authority, the Authority specified for supplementary search, the International Preliminary Examining Authority or the International Bureau was not met due to war, revolution, civil disorder, strike, natural calamity, epidemic, a general unavailability of electronic communications services or other like reason in the locality where the interested party resides, has his place of business or is staying, and that the relevant action was taken as soon as reasonably possible.
- (b) Any such evidence shall be addressed to the Office, Authority or the International Bureau, as the case may be, not later than six months after the expiration of the time limit applicable in the given case. If such circumstances are proven to the satisfaction of the addressee, delay in meeting the time limit shall be excused.
- (c) The excuse of a delay need not be taken into account by any designated or elected Office before which the applicant, at the time the decision to excuse the delay is taken, has already performed the acts referred to in Article 22 or Article 39 .
- (d) The need for evidence may be waived by the Office, Authority or the International Bureau under the conditions set and published by that Office, Authority or the International Bureau, as the case may be. In such case, the interested party must submit a statement that the failure to meet the time limit was due to the reason for which the Office, Authority or the International Bureau waived the requirement concerning the submission of evidence. The Office or Authority shall notify the International Bureau accordingly.
82 quater.2 Unavailability of Electronic Means of Communication at the Office
- (a) Any national Office or intergovernmental organization may provide that, where a time limit fixed in the Regulations for performing an action before that Office or organization is not met due to the unavailability of any of the permitted electronic means of communication at that Office or organization, delay in meeting that time limit shall be excused, provided that the respective action was performed on the next working day on which the said electronic means of communication were available. The Office or organization concerned shall publish information on any such unavailability including the period of the unavailability, and notify the International Bureau accordingly.
- (b) The excuse of a delay in meeting a time limit under paragraph (a) need not be taken into account by any designated or elected Office before which the applicant, at the time the information referred to in paragraph (a) is published, has already performed the acts referred to in Article 22 or Article 39 .
82 quater.3 Extension of Time Limits due to General Disruption
- (a) Any receiving Office, International Searching Authority, Authority specified for supplementary search, International Preliminary Examining Authority or the International Bureau may establish a period of extension such that time limits fixed in the Regulations within which a party has to perform an action before that Office, Authority or International Bureau may be extended when the State in which it is located is experiencing a general disruption caused by an event listed in Rule 82quater.1(a) which affects the operations at the said Office, Authority or International Bureau thereby interfering with the ability of parties to perform actions before that Office, Authority or International Bureau within the time limits fixed in the Regulations. The Office, Authority or the International Bureau shall publish the commencement and the end date of any such period of extension. The period of extension shall not be longer than two months from the date of commencement. The Office or Authority shall notify the International Bureau accordingly.
- (b) After establishing a period of extension under paragraph (a), the Office, Authority or the International Bureau concerned may establish additional periods of extension, if necessary under the circumstances. In that case, paragraph (a) applies mutatis mutandis.
- (c) The extension of a time limit under paragraph (a) or (b) need not be taken into account by any designated or elected Office if, at the time the information referred to in paragraph (a) or (b) is published, national processing before that Office has started.