Rule 26(2) of The PCT Regulations VS Security Protocol! My Massive Dilemma Recently Unfolded In The Labyrinth!

 

I know no one raised this issue earlier, as I raised some time back, but didn’t find any answer, nor received a direct email response when I shared the same concern.

Rule 26(2) of the PCT Regulations clearly mentions that minimum of Two Months period would be given for any Applicant to correct the defects, if been issued under the ambit of Rule 26(1) of the PCT Regulations. But what is my concern?

The issue comes down to the security concerns, which bars any Applicant to pursue, any PCT Application in other nation, upto a period of 6 WEEKS, since the date of priority, or; if in case the Applicant wants to file before the said period; then a special permission would be taken from the receiving office.

Let’s say, the PCT is filed before the said period, and then, the objection is issued the R. 26(1) of the PCT Regulations. But now , as Two Months should be given under the PCT Regulations, and there’s a provision everywhere around World, for condonation of delay of upto SIX MONTHS, to file the missed documentation; but the Security reason bars the Applicant to file before the period of 6 WEEKS; YET, with the presence of both Condonation of Delay, and, R. 26(2), for the time period from TWO TO SIX Months, that can be given to the Applicant to correct the defects; then either an amendment needs to be brought to include Security option in both Condonation of Delay & R. 26(2) of the PCT provision, so that such PCT application when filed, should be implicitly rejected on the same grounds, and the Applicant then be asked to follow the period of 6 WEEKS wait period, before filing of the International Application; or, the provision to correct the defects, and the condonation of delay, should be allowed, in this case too,  in the absence of the said provision. As neither for condonation of delay, nor for R. 26(2) of the regulations, it is explicitly mentioned, that the application won’t be allowed before the period of 6 WEEKS.

Of course, the security concerns of any nation should be prioritized first, yet, this GREY Area can be used by anyone, and indeed, to either take the advantage of R. 26(2) of the PCT Regulations of Two Months period deadline, which may be extended by the respective receiving office as per their discretion, or, the provision of condonation of delay of the respective Acts and Rules.

Indeed, 6 WEEKS period isn’t a huge timeline, but, still, it should be explicitly introduced under the regulations, and respective Acts & Rules.

Am I missing something? 😊

© Pranav Chaturvedi