Due Care Equivalent to Force Majeure

Following an amendment to the PCT Treaty to allow late entry under circumstances where deadlines were missed despite “due care” being taken, the Commissioner of Patents at the Israel Patent Office has ruled that as far as the IPO is concerned, due care means unforeseeable circumstances beyond the control of the applicant or his representative.

The decision, published in Circular No. 57, dated 14 May 2007,  is at least consistent with the stricter position taken by the Israel Patent Office over the past couple of years. It is, however, out of line with the spirit of the PCT amendment and rather stricter than the position taken by other patent offices.

Categories: Intellectual Property, IPO, Israel, Israel IP, Israel Patent, Israel Patent Office, Israel Patent Office Rulings, Israel Related, News, Opinion, Patent trivia, Patents, PCT, WIPO

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