1.11 Excuse of delays in meeting time limits and extension of time limits in the international phase 

1.11.001In the case of a delay in meeting time limits in the international phase due to force majeure, applicants or any interested party has to provide the EPO with evidence that a time limit fixed in the PCT Rules was not met due to war, revolution, civil disorder, strike, natural calamity, epidemic, a general unavailability of electronic communications services or other like reason in the locality where the interested party resides, has their place of business or is staying, and that the relevant action was taken as soon as reasonably possible. Any such evidence must be provided to the EPO no later than six months after the expiry of the time limit applicable in the given case. If such circumstances are proven to the satisfaction of the EPO, the delay in meeting the time limit will be excused. 

1.11.002In the case of a delay in meeting time limits in the international phase due to the unavailability at the EPO of any of the permitted electronic means of communication or means of online payment, applicants may submit a request for excuse of the delay indicating that the time limit was not met due to the unavailability of one of the permitted electronic means of communication or means of online payment on a specific date. They are not required to submit evidence to the EPO. Reference to the notification from the EPO of unavailability of electronic means of communication as published by the International Bureau will be sufficient for the EPO to process the applicant's request. The applicants must, however, perform the relevant action on the next working day on which all permitted means of electronic filing or means of online payment are available. Applicants are informed without delay of the EPO's decision via Form PCT/RO/132. 

1.11.003The EPO may also establish a period of extension of time limits within which a party has to perform an action before the EPO when a state in which it is located is experiencing a general disruption caused by an event listed in Rule 82quater.1(a) PCT which affects its operations.

1.11.004The possibilities of excusing a delay due to force majeure or the unavailability of any of the permitted electronic means of communication or means of online payment and extending time limits provided for in Rules 82quater.1 PCT, Rules 82quater.2 PCT and Rules 82quater.3 PCT only apply to time limits fixed in the PCT Rules. Therefore, they apply neither to the priority period, which is set by Article 4C of the Paris Convention, nor to the time limit for entering the European phase in accordance with Articles 22 and 39 PCT. A right of priority may be restored only under strict conditions (see points 2.16.001 ff). It is therefore recommended that any subsequent application be filed as early as possible.