tag:blogger.com,1999:blog-5574479.post5574383593328857850..comments2024-03-19T05:22:15.632+00:00Comments on The IPKat: Monday miscellanyVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-84109973928997787522011-11-01T15:47:12.169+00:002011-11-01T15:47:12.169+00:00For the purposes of WIPO's registration servic...<i>For the purposes of WIPO's registration services, (<b>PCT</b> [...]), WIPO was closed for business on October 27 and 28, 2011.</i><br /><br />I'm not sure what this is exactly supposed to mean in legal terms. Is this a declaration relating to Rule <a href="http://www.wipo.int/pct/en/texts/rules/r80.htm#_80_5" rel="nofollow">80.5</a> PCT?<br /><br />I suspect that this situation may entail a loss of rights for some applications. <br /><br />Applicants generally make the fullest use of the Paris Union year, and wait until (almost) the last day for filing foreign or PCT applications. (Is this compatible with the "all due care" criterion?)<br /><br />From a sample of about 400 PCT applications filed 19.11.2008 (arbitrary choice of date) claiming priority, about 25% of these were filed exactly on the first anniversary year of the oldest priority, 19% on the penultimate day, and 10% on the second day before. <br /><br />Roughly two thirds of all WO application claim some priority. In 2008 the International Bureau accepted something like fifteen new applications every working day, presumably mostly through electronic means.<br /><br />There could therefore be a good dozen applications which couldn't be filed in due time with the IB, unless the applicant was able to revert to another RO at the last minute.<br /><br />Under the EPC, if you miss the priority boat, that's essentially it.<br /><br />Rule <a href="http://www.wipo.int/pct/en/texts/rules/r82.htm#_82" rel="nofollow">82</a> ff PCT is essentially concerned with <i>postal</i> problems at the <i>originating</i> (applicant's) end, and applies to time limits related to the treaty. I can't see how it could provide authority for extending the Paris year.<br /><br />Could Rule <a href="http://www.wipo.int/pct/en/texts/rules/r49ter.htm" rel="nofollow">49ter</a> PCT offer a solution? I don't know whether a general proclamation would be sufficient and binding on the elected offices would be sufficient, or if the applications concerned should be handled individually. From Rule <a href="http://www.wipo.int/pct/en/texts/rules/r26bis.htm#_26bis_3" rel="nofollow">26bis3</a> it would be the applicant who should initiate action, not RO/IB.<br /><br />Which is the correct way to skin this cat?<br /><br />Only 4 months left before the EQE. ;-)Roufousse T. Fairflynoreply@blogger.com