Annex of circular C. PCT 1372

page 7

(i) Force Majeure

An event of force majeure means external, unforeseeable and/or unavoidable

circumstances beyond the control of the applicant or agent. Disasters, such as

hurricanes, volcanic eruptions, earthquakes, international conflicts and war may be

considered as such events. Generally, if such circumstances make it impossible for an applicant or agent to file the international application within the priority period, the

failure to file the application occurs in spite of “due care”. An applicant or agent

generally acted with all “due care” if the applicant or agent demonstrates that the

consequences of the event could not have been predicted and/or avoided.

166N. Intended (Partial) Refusal of the Request to Restore the Right of Priority. If the receiving Office intends to (partially) refuse the request to restore the right of priority

(Rule26bis.3(g)), the Office notifies the applicant of the intended refusal and allows the applicant to make observations within a reasonable time limit (Form PCT/RO/158). In this notification, the receiving Office may also invite the applicant to submit a declaration or other evidence (see paragraph 166G). The receiving Office should explain in detail, by text in the Annex to that Form, why it intends to (partially) refuse the restoration request. If the receiving Office applies both the “due care” and the “unintentionality” criteria and finds that the failure to timely file the international application was “unintentional” but that “due care” had not been exercised, the receiving Office indicates the intent to partially refuse restoration of priority under the “due care” criterion, and explains that the right of priority will nevertheless be restored under the “unintentionality” criterion, by text in the Annex to Form PCT/RO/158.

166I166O. Decision and Notification. As soon as the receiving Office decides to restore the right of priority or, after notifying the applicant of the intended refusal (see paragraph

166N), decides to (partly) refuse the request to restore the right of priority has come to a decision on the request to restore the priority right, it , the Office promptly notifies the applicant of its decision (Form PCT/RO/159) and furnishes a copy thereof to the International Bureau (Rule 26bis.3(h)). In this notification, the receiving Office indicates whether the Office restores the right of priority or (partly) refuses the request to restore the right of priority and the criterion for restoration upon which the decision was based. In the Annex to the Form, the receiving Office summarizes the facts and the reasons for its decision. The receiving Office promptly submits a copy of its decision to the International Bureau, along with any correspondence between the Office and the applicant not previously submitted (such as Form PCT/RO/158, a copy of the request for restoration, the statement of reasons and of any accompanying declaration or other evidence).

166P. Multiple Priority Claims. If the applicant requests the restoration of multiple priority claims, and where the use of a single Form (PCT/RO/158 and/or PCT/RO/159) would not be sufficiently clear, the receiving Office should use a separate Form for each priority claim concerned.

[End of Annex]