PCT International Search and Preliminary Examination Guidelines

PART VIII  CLERICAL AND ADMINISTRATIVE PROCEDURES

Chapter 22 Clerical and Administrative Procedures

Extension of Time Limits Under Rule 82quater.3

Rule 82quater.3, Section 111

22.52E  When the State in which the International Searching Authority, the Authority specified for supplementary search, or the International Preliminary Examining Authority, as the case may be, is located is experiencing a general disruption caused by an event listed in Rule 82quater.1(a) which affects the operations at the Authority and thereby interferes with the ability of interested parties to perform actions before that Authority, the Authority may decide to establish a period of extension in accordance with Rule 82quater.3.  The Authority may make such a decision if it finds that the following two conditions are met:

(1) the State in which it is located is experiencing a general disruption caused by an event listed in Rule 82quater.1(a) (the disruption does not have to affect the entire State); and

(2) the general disruption has affected the operations of the Authority and significantly impacted its ability to provide the usual services to the interested parties.

This may be the case, for example, when the State concerned is experiencing an epidemic and the relevant local authority has decided to restrict the movements of persons so that a large proportion of the staff of the Authority can no longer work on premises.  Another example would be a natural disaster which has caused significant damage to the electronic systems of the Authority which it relies on to process international applications.  It may also be the case when the infrastructure (such as electricity supply, water supply or roads) in the place where the Authority is located has been seriously damaged due to an earthquake or tsunami and the Authority, although still open for business, can only provide limited services to the public.  If the Authority has several branch offices but only the operations of one or some of them were affected, it would be left to the discretion of that Authority to invoke Rule 82quater.3 according to the circumstances.

22.52F  When the Authority makes a determination that establishing a period of extension under Rule 82quater.3 is appropriate, it will then need to decide the beginning and end dates of the period of extension.  In this respect, the Authority should consider how long the restrictions or limitations to its ability to provide services to the public are likely to last, taking account of the nature of the event, the gravity of the general disruption, possible future developments of the event, and other relevant factors.  The period of extension should be as short as possible and justifiable by the circumstances so that possible delays to subsequent procedures can be minimized.  In any case, it may not be longer than two months from the date of its commencement.  If the general disruption continues, the Authority may establish additional periods of extension under Rule 82quater.3(b), which shall not be longer than two months each time.

22.52G     Once a decision to extend or to additionally extend the time limits is made, the Authority publishes the information about the beginning and end dates of such period of extension and notifies the International Bureau accordingly.

22.52H     Where the International Searching Authority, the Authority specified for supplementary search, or the International Preliminary Examining Authority, as the case may be, 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 the Authority which would expire during that period will, subject to Rule 80.5, expire on the first day after the expiration of that period.  The applicant does not need to request an extension and the Authority does not need to issue any specific decision in this respect in relation to the international application.  It should be noted that this Rule does not apply to the priority period since it is not a time limit fixed in the Regulations.