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PCT guidance for users impacted by July 19, 2024 computer outage

July 19, 2024

1) In the view of the International Bureau of WIPO, the Regulations under the Patent Cooperation Treaty (PCT) provide, in PCT Rule 82quater.1 for measures applicable to  the current circumstance of the global computer outage that began on July 19, 2024. PCT applicants who were not able to meet a PCT time limit because of the outage may request excuse of the delay on this basis.  The International Bureau of WIPO urges all PCT Offices and Authorities to likewise adopt this interpretation.

2) Rule 82quater.1 provides for excuse of delay in meeting PCT time limits (which may relate to the submission of documents and/or the payment of fees), due to reasons of force majeure including “... a general unavailability of electronic communications services or other like reason....” 

3) The International Bureau of WIPO, including in its role as receiving Office, will treat favorably any request made under PCT Rule 82quater.1 citing the outage that began on July 19, 2024 and, in accordance with Rule 82quater.1(d), will waive the submission of evidence. The International Bureau of WIPO urges PCT Offices and Authorities to do likewise.

4) PCT applicants who are unable to file their PCT applications within the priority period because of the global computer outage and its repercussions, but who are able to file them within 2 months from the expiration of the 12-month period, may request restoration of the right of priority under PCT Rule 26bis.3 before receiving Offices which apply this provision, noting in particular that the receiving Office of the International Bureau applies this rule and all applicable criteria thereunder.

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