How does the “due care” criterion differ from the “unintentional” criterion in priority right restoration?

The “due care” criterion and the “unintentional” criterion are two different standards used by receiving Offices to assess requests for restoration of the right of priority. Here’s how they differ:

• Due Care Criterion: This is a stricter standard. It requires the applicant to demonstrate that they took all reasonable measures to ensure timely filing but failed despite their best efforts.
• Unintentional Criterion: This is a more lenient standard. It only requires the applicant to show that the failure to file within the priority period was not deliberate.

As stated in MPEP 1828.01: “The “due care” criterion is applied by the United States Receiving Office (RO/US) to all applicants.” However, it’s important to note that different receiving Offices may apply different criteria.

To learn more:

• due care criterion
• unintentional criterion
• priority right restoration
• PCT application