Rule 82bis of the Regulations under the PCT

WIPO

INTERNATIONAL TREATIES

Regulations under the PCT

WOPCR

96/116

Rule 82bis

Excuse by the Designated or Elected State of

Delays in Meeting Certain Time Limits

82bis.1 Meaning of "Time Limit" in Article 48(2)

The reference to "any time limit" in Article 48(2) shall be construed as comprising a reference:

(i)

to any time limit fixed in the Treaty or these Regulations;

(ii)

to any time limit fixed by the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau or applicable by the receiving Office under its national law;

(iii)

to any time limit fixed by, or in the national law applicable by, the designated or elected Office, for the performance of any act by the applicant before that Office.

82bis.2 Reinstatement of Rights and Other Provisions to Which Article 48(2) Applies

The provisions of the national law which is referred to in Article 48(2) concerning the excusing, by the designated or elected State, of any delay in meeting any time limit are those provisions which provide for reinstatement of rights, restoration, restitutio in integrum or further processing in spite of non-compliance with a time limit, and any other provision providing for the extension of time limits or for excusing delays in meeting time limits.

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