How does the “due care” criterion differ from the “unintentional” criterion in priority right restoration?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The “due care” criterion and the “unintentional” criterion are two different standards used by receiving Offices to assess requests for restoration of the right of priority. Here’s how they differ: Due Care Criterion: This is a stricter standard. It requires the applicant to demonstrate that they took all reasonable measures to ensure timely filing but failed despite their best efforts. Unintentional Criterion: This is a more lenient standard. It only requires the applicant to show that the failure to file within the priority period was not deliberate. As stated in MPEP 1828.01 : “The “due care” criterion is applied by the United States Receiving Office (RO/US) to all applicants.” However, it’s important to note that different receiving Offices may apply different criteria. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Right Can Be Restored Within Two Months of Expiration MPEP 1828.01 Priority Right Restored During International Stage Is Effective In U.S. National Stage MPEP 1828.01 Right of Priority May Be Restored Within Two Months After Expiration MPEP 1828.01 Permitted Correction of Priority Claim Within 16 Months MPEP 1828 Use of Priority Document in National Application MPEP 1828 Requirement for Additional Information on Unintentional Delay MPEP 1828.01 Permitted Receiving Office May Not Transmit Certain Documents Without Reason MPEP 1828.01 Required Receiving Office May Not Transmit Certain Documents During Priority Restoration Request MPEP 1828.01 Unintentional Delay in Filing Priority Claim Must Be Stated MPEP 1828.01 Filing Directly with International Bureau for Priority Restoration MPEP 1828.01 Permitted Other Related FAQs 5 FAQs Collapse C...