VI. THE EPO ACTING AS A PCT AUTHORITY – EURO-PCT APPLICATIONS

3.The EPO acting as designated or elected Office: 3.1.Competence of the EPO as designated or elected Office
3.2.Remedies under the PCT applied by the EPO as designated Office
3.2.1Review (Art. 25, Art. 24(2) PCT), excusing of delays (Art. 48 PCT)
3.2.2Rectification of errors made by the receiving Office or the International Bureau (R. 82ter PCT)
3.2.3Restoration of the right of priority (R. 49ter PCT)

J 14/21

Catchword:

The PCT Assembly may be considered the legislator for the PCT Regulations. See reasons 16. “Understandings” of the PCT Assembly expressed in relation to a newly amended rule together with the adoption of this rule are an expression of the legislator's intention. See reasons 17 and 18. The delegates of the PCT Contracting States in the PCT Assembly agreed, in the "understandings" related to R. 49ter.2(b)(i) PCT, on how this rule should be applied. As an act of authentic interpretation by the legislator this agreement may be taken into account when assessing the context for the purpose of interpreting the new provision. See reasons 19. In the case in hand, when applying R. 49ter.2(b)(i) PCT in the light of the understandings of the PCT Assembly, the request and the payment for restoration of the right of priority were made in time. See reasons 23.

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VI. The EPO acting as a PCT Authority – Euro-PCT applications

VI. THE EPO ACTING AS A PCT AUTHORITY – EURO-PCT APPLICATIONS

1.Introduction

2.Jurisdiction of the boards of appeal

3.1.Competence of the EPO as designated or elected Office

3.2.Remedies under the PCT applied by the EPO as designated Office

3.2.1Review (Art. 25, Art. 24(2) PCT), excusing of delays (Art. 48 PCT)

3.2.2Rectification of errors made by the receiving Office or the International Bureau (R. 82ter PCT)

3.2.3Restoration of the right of priority (R. 49ter PCT)

4.Language of the proceedings