On April 9, WIPO's International Bureau issued a statement interpreting the current context of the global COVID-19 pandemic as falling within Rule 82quater.1 PCT which establishes a justification for delay in compliance with PCT deadlines (regarding submission of documents and/or payment of taxes) for reasons of force majeure. Notably, the current global pandemic should be considered a “natural disaster… or other similar reason”. The International Bureau of WIPO urges all PCT offices and authorities to adopt this interpretation.

WIPO's International Bureau will treat favorably any Rule 82quater PCT request made citing concerns related to the COVID-19 pandemic and will not require evidence that the virus has affected the affected party's location. Once again, WIPO's International Bureau urges PCT offices and authorities to do the same.

Although this provision would not constitute an effective remedy in a situation where an international application has lost effect because it has been declared withdrawn, for example due to failure to pay the appropriate fees within the prescribed period, the receiving office of the International Bureau of WIPO has decided to delay the issuance of such notifications until May 31, 2020.

Furthermore, the WIPO International Bureau recommends that:

to. for at least another month (potentially to be extended further), such notifications should only be issued in relation to deadlines which expired more than two months previously; And

b. the receiving Offices waive the charging of late payment fees according to Rule 16bis.2 PCT.