PCT AI Section 111 — Excuse of Delay in Meeting Time Limits and Extension of Time — MPEP Index – BlueIron IP
PCT AI Section 111 Excuse of Delay in Meeting Time Limits and Extension of Time
Source: PCT Administrative InstructionBlueIron Update:
This page consolidates MPEP guidance interpreting PCT AI Section 111, 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 § 111 — Excuse of Delay in Meeting Time Limits and Extension of Time
Source: USPTOLast Modified: 10/30/2024 08:50:22
111 Excuse of Delay in Meeting Time Limits and Extension of Time Limits under Rule 82 quater
- (a) Where the receiving Office, the International Searching
Authority, the Authority specified for supplementary search, the International
Preliminary Examining Authority, or the International Bureau receives a request
under
Rule 82quater.1
or
Rule
82quater.2
for the excuse of a delay
in meeting a time limit, it shall promptly:
- (i) communicate its decision whether or not to excuse such a delay to the interested party; and
- (ii) where applicable, transmit a copy of such a request, a copy of any evidence or statement furnished and a copy of of its decision to the International Bureau.
- (b) An interested party desiring to have delays excused due to general unavailability of electronic communications services under Rule 82quater.1 must establish that the outage of electronic communications services affected a widespread geographical area rather than being a localized problem, that it was unexpected or unforeseen, and that there was no alternative communication means available to him.
- (b-bis) The International Bureau shall promptly publish any waiver notified to it under Rule 82quater.1(d) in the Gazette.
- (c) Where any Office that acts as the receiving Office, the International Searching Authority, the Authority specified for supplementary search, or the International Preliminary Examining Authority provides for the excuse of a delay in meeting time limits due to the unavailability of electronic means of communication at that Office under Rule 82quater.2 , it shall notify the International Bureau accordingly. The International Bureau shall promptly publish this information in the Gazette.
- (d) Where the International Bureau provides for the excuse of a delay in meeting time limits due to the unavailability of electronic means of communication at the Bureau under Rule 82quater.2 , it shall publish this information in the Gazette.
- (e) The International Bureau shall also promptly publish in the Gazette any notification received by it under Rule 82quater.2(a) , last sentence.
- (f) Where the receiving Office, the International Searching Authority, the Authority specified for supplementary search, the International Preliminary Examining Authority, or the International Bureau establishes a period of extension or additional period of extension under Rule 82quater.3 , any time limit fixed in the Regulations for performing a particular action before that specific Office, Authority or the International Bureau which would expire during that period shall, subject to Rule 80.5 , expire on the first day after the expiration of that period.
- (g) The International Bureau shall promptly publish in the Gazette any notification of a period of extension or additional period of extension received by it under Rule 82quater.3 .