Does a restored right of priority apply in all national stage applications?

A restored right of priority in an international application does not necessarily apply in all national stage applications. MPEP 1828.01 states:

“It should be noted that restoration of a right of priority to a prior application by the United States Receiving Office, or by any other receiving Office, under the provisions of PCT Rule 26bis.3, will not entitle applicants to a right of priority to such prior application in a national stage application in any office that has notified the International Bureau under PCT Rule 26bis.3(j) and 49ter.1(g) of an incompatibility with its national law.“

However, for U.S. national stage applications, the MPEP clarifies: “In the United States, a right of priority that has been restored under PCT Rule 26bis.3 during the international stage will be effective in the U.S. national stage.“

Applicants should check the WIPO website for a list of national offices that do not accept restoration of the right of priority in the national stage.

To learn more:

• PCT
• priority restoration
• national stage
• compatibility
• USPTO