Einde inhoudsopgave
Patent Law Treaty
Article 11 Relief in Respect of Time Limits
Geldend
Geldend vanaf 28-04-2005
- Bronpublicatie:
01-06-2000, Trb. 2001, 120 (uitgifte: 23-07-2001, kamerstukken/regelingnummer: -)
- Inwerkingtreding
28-04-2005
- Bronpublicatie inwerkingtreding:
17-12-2010, Trb. 2010, 326 (uitgifte: 01-01-2010, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Octrooirecht
1. [Extension of Time Limits]
A Contracting Party may provide for the extension, for the period prescribed in the Regulations, of a time limit fixed by the Office for an action in a procedure before the Office in respect of an application or a patent, if a request to that effect is made to the Office in accordance with the requirements prescribed in the Regulations, and the request is filed, at the option of the Contracting Party:
- (i)
prior to the expiration of the time limit; or
- (ii)
after the expiration of the time limit, and within the time limit prescribed in the Regulations.
2. [Continued Processing]
Where an applicant or owner has failed to comply with a time limit fixed by the Office of a Contracting Party for an action in a procedure before the Office in respect of an application or a patent, and that Contracting Party does not provide for extension of a time limit under paragraph 1(ii), the Contracting Party shall provide for continued processing with respect to the application or patent and, if necessary, reinstatement of the rights of the applicant or owner with respect to that application or patent, if:
- (i)
a request to that effect is made to the Office in accordance with the requirements prescribed in the Regulations;
- (ii)
the request is filed, and all of the requirements in respect of which the time limit for the action concerned applied are complied with, within the time limit prescribed in the Regulations.
3. [Exceptions]
No Contracting Party shall be required to provide for the relief referred to in paragraph 1 or 2 with respect to the exceptions prescribed in the Regulations.
4. [Fees]
A Contracting Party may require that a fee be paid in respect of a request under paragraph 1 or 2.
5. [Prohibition of Other Requirements]
No Contracting Party may require that requirements other than those referred to in paragraphs 1 to 4 be complied with in respect of the relief provided for under paragraph 1 or 2, except where otherwise provided for by this Treaty or prescribed in the Regulations.
6. [Opportunity to Make Observations in Case of Intended Refusal]
A request under paragraph 1 or 2 may not be refused without the applicant or owner being given the opportunity to make observations on the intended refusal within a reasonable time limit.