How does early publication affect the restoration of the right of priority?
Early publication can impact the ability to restore the right of priority in an international patent application. According to MPEP 1828.01:
“If the applicant makes a request for early publication under PCT Article 21(2)(b), any requirement under paragraph (b) of this section filed after the technical preparations for international publication have been completed by the International Bureau shall be considered as not having been submitted in time.“
This means that if an applicant requests early publication, and the technical preparations for that publication are completed before the requirements for restoration of priority are submitted, those requirements will be considered late and the restoration may not be granted.
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