How can I restore the right of priority in an international patent application?
To restore the right of priority in an international patent application, you need to submit a request under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR 1.78. These requests are decided by the Director of International Patent Legal Administration. According to MPEP 1002.02(p):
“Requests under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR 1.78 to restore the right of priority or domestic benefit in an international application filed under the PCT, a national stage application under 35 U.S.C. 371, or in an application which claims the benefit of or priority to an international application filed under the PCT.”
When submitting your request, you should:
- Explain why the priority claim was not filed within the required time period
- Provide evidence that the delay was unintentional or that you acted with due care, depending on the applicable standard
- Pay any required fees
- Submit the request within the specified time limits
The USPTO will review your request and determine whether to restore the right of priority based on the evidence provided and the specific circumstances of your application.
To learn more: