What are the requirements for requesting restoration of the right of priority?
To request restoration of the right of priority for an international patent application, several requirements must be met. According to MPEP 1828.01:
- The request must be filed within two months from the expiration of the priority period.
- It must include a notice adding the priority claim if not already in the application.
- The petition fee as set forth in § 1.17(m) must be paid.
- A statement that the delay in filing was unintentional must be provided.
The MPEP states: “A request to restore the right of priority in an international application under paragraph (a) of this section must be filed not later than two months from the expiration of the priority period and must include: (1) A notice under PCT Rule 26bis.1(a) adding the priority claim, if the priority claim in respect of the earlier application is not contained in the international application; (2) The petition fee as set forth in § 1.17(m); and (3) A statement that the delay in filing the international application within the priority period was unintentional.“
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