World Intellectual Property Organization

Regulations under the PCT

Rule 58bis
Extension of Time Limits for Payment of Fees

58bis.1       Invitation by the International Preliminary Examining Authority

(a)  Where the International Preliminary Examining Authority finds:

(i)  that the amount paid to it is insufficient to cover the handling fee and the preliminary examination fee; or

(ii)  by the time they are due under Rules 57.3 and 58.1(b), that no fees were paid to it;

the Authority shall invite the applicant to pay to it the amount required to cover those fees, together with, where applicable, the late payment fee under Rule 58bis.2, within a time limit of one month from the date of the invitation.

(b)  Where the International Preliminary Examining Authority has sent an invitation under paragraph (a) and the applicant has not, within the time limit referred to in that paragraph, paid in full the amount due, including, where applicable, the late payment fee under Rule 58bis.2, the demand shall, subject to paragraph (c),  be considered as if it had not been submitted and the International Preliminary Examining Authority shall so declare.

(c)  Any payment received by the International Preliminary Examining Authority before that Authority sends the invitation under paragraph (a) shall be considered to have been received before the expiration of the time limit under Rule 57.3 or 58.1(b), as the case may be.

(d)  Any payment received by the International Preliminary Examining Authority before that Authority proceeds under paragraph (b) shall be considered to have been received before the expiration of the time limit under paragraph (a).

58bis.2       Late Payment Fee

(a)  The payment of fees in response to an invitation under Rule 58bis.1(a) may be subjected by the International Preliminary Examining Authority to the payment to it, for its own benefit, of a late payment fee. The amount of that fee shall be:

(i)  50% of the amount of unpaid fees which is specified in the invitation, or,

(ii)  if the amount calculated under item (i) is less than the handling fee, an amount equal to the handling fee.

(b)  The amount of the late payment fee shall not, however, exceed double the amount of the handling fee.

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