The failure to meet the national phase deadline must be either the result of:
- An "error or omission" by the agent or the applicant/patentee.
- Circumstances beyond the control of the applicant/patentee.
Some examples of errors or omissions presented in extension of time applications are:
- Failure to make a diary entry.
- A date error in connection with the deadline.
- A misunderstanding of instructions.
- Failure to seek instructions from applicant/patentee.
- Failure by applicant/patentee to provide instructions.
The circumstance provision is essentially a "force majeure" provision. Delays by post and courier constitute the major source of extensions under this category. Anticipation of a Court judgement has been held to be a circumstance beyond a person's control. However, lack of funds is not considered to be a circumstance beyond a person's control.
Drop me an email if you've missed a deadline. Just remember, you need to apply as soon as you realize the deadline is missed. An undue delay could be grounds for a refusal. You can file the evidence in support of the application later on.