What are the requirements for restoring the right of priority in international design applications?

Restoring the right of priority in international design applications may be possible if there was a delay in filing the application within the six-month priority period. According to MPEP 2920.05(d):

“Where there was a delay in filing the subsequent application within this six month period, the right of priority may be restored under the conditions set forth in 37 CFR 1.55(c) and MPEP § 213.03, subsection III.”

The key requirements for restoring the right of priority include:

1. Filing the subsequent application within two months from the expiration of the six-month priority period.
2. Submitting a petition to restore the right of priority.
3. Demonstrating that the delay in filing was unintentional.
4. Paying the required petition fee.

For detailed information on the restoration process and specific requirements, refer to 37 CFR 1.55(c) and MPEP § 213.03, subsection III.

To learn more:

• restoring priority rights
• international design applications
• patent law
• unintentional delay