How does the restoration of the right of priority affect the international search in a PCT application?

The restoration of the right of priority can have an impact on the international search process in a PCT application. According to MPEP 1828.01:

“Where the receiving Office has restored the right of priority based on the criterion of “due care”, the International Searching Authority, the International Preliminary Examining Authority, or a designated Office may, in a special case, make a determination that the priority claim was nevertheless invalid.”

This means that:

• The International Searching Authority will generally consider the restored priority date when conducting the international search.
• However, in special cases, the searching authority may determine that the priority claim is invalid, even if it was restored by the receiving Office.
• This determination could affect the relevance of prior art considered during the search.

It’s important for applicants to be aware that the restoration of priority rights doesn’t guarantee absolute protection against prior art that falls between the original priority date and the actual filing date.

To learn more:

• PCT application
• priority restoration
• international search
• prior art