PCT AI Section 111 — Excuse of Delay in Meeting Time Limits and Extension of Time Limits under Rule 82 quater

Ninth Edition, Revision 01.2024

• (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 .