Legal framework
Where a receiving Office invites the applicant to correct defects under Article 14(1)(b) PCT, the time limit for correction under Rule 26.2 PCT is two months from the date of the invitation to correct. The PCT Receiving Office Guidelines confirm that, where the abstract is missing, the receiving Office sends an invitation to correct and the time limit for correction is two months from the date of the invitation.
For periods expressed in months, Rule 80.2 PCT provides that the period expires in the relevant later month on the day having the same number as the day of the relevant event. Therefore, two months from 7 July 2025 would normally expire on 7 September 2025.
However, Rule 80.6 PCT applies where a period starts from the date of a document or letter from an Office or intergovernmental organization. If the applicant proves that the document was received more than seven days after the date it bears, the Office must treat the period as expiring later by the number of days by which receipt was later than seven days after that date.
Here, the invitation is dated 7 July 2025 and was received on 17 July 2025. Seven days after 7 July 2025 is 14 July 2025. Receipt on 17 July 2025 was therefore 3 days late for the purpose of Rule 80.6 PCT.
The calculation is therefore:
7 July 2025 + 2 months = 7 September 2025
7 September 2025 + 3 days under Rule 80.6 PCT = 10 September 2025
WIPO’s practical guidance confirms this order of calculation: first add the extra days under Rule 80.6 PCT, and then apply Rule 80.5 PCT only if the resulting expiry date falls on a non-working day.
Statement a)
Statement a) is false.
The date 7 September 2025 is only the unadjusted expiry date obtained by adding two months to the date of the invitation, 7 July 2025, under Rule 80.2 PCT. But the invitation was received on 17 July 2025, i.e. more than seven days after the date it bears.
Under Rule 80.6 PCT, the period must therefore be extended by the additional delay beyond seven days, namely 3 days. The final date is not 7 September 2025 but 10 September 2025.
Statement b)
Statement b) is false.
The final date is not 15 September 2025. Rule 80.6 PCT does not add the whole period between the date of the invitation and actual receipt. It only adds the number of days by which receipt occurred later than seven days after the date of the document.
Here, the invitation dated 7 July 2025 was received on 17 July 2025. The permitted seven-day period ended on 14 July 2025, so only 3 extra days are added.
Statement c)
Statement c) is true.
The two-month period from 7 July 2025 normally expires on 7 September 2025. Because the invitation was received on 17 July 2025, the applicant has shown receipt 3 days later than the seven-day allowance under Rule 80.6 PCT.
The final date is therefore:
7 September 2025 + 3 days = 10 September 2025.
Thus, 10 September 2025 is the correct final date for responding to the invitation.
Statement d)
Statement d) is false.
There is no basis under Rule 80.6 PCT for arriving at 12 September 2025. The extension is limited to the delay beyond the seven-day allowance. Since that delay is 3 days, the period expires on 10 September 2025, not 12 September 2025.
Exam tip
For PCT communications, do not automatically count from the actual date of receipt. First calculate the normal period from the date borne by the invitation. Then apply the Rule 80.6 PCT 7-day rule: only the delay beyond seven days is added. Here, 17 July is 3 days later than 14 July, so only 3 days are added.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.