What are the requirements for restoring the right of priority in a PCT application?

To restore the right of priority in a PCT application, the following requirements must be met:

• The international application must have an international filing date that is later than the date on which the priority period expired but within two months from that date.
• The request for restoration must be filed with the receiving Office within the time limit under PCT Rule 26bis.3.
• The request must state the reasons for the failure to file the international application within the priority period.
• The receiving Office must find that the failure to file the international application within the priority period occurred in spite of due care or was unintentional.

As stated in MPEP 1828.01: “The receiving Office shall restore the right of priority if it finds that the criteria for restoration applicable by it are satisfied.”

To learn more:

• PCT application
• right of priority
• restoration requirements
• due care
• unintentional delay