What criteria must be met for the restoration of the right of priority in a PCT application?

For the restoration of the right of priority in a PCT application, two main criteria must be met, as outlined in MPEP 1828.01:

1. Due Care Criterion: The failure to file the international application within the priority period occurred in spite of due care required by the circumstances having been taken.
2. Unintentional Criterion: The failure to file the international application within the priority period was unintentional.

The MPEP states:

“The receiving Office shall, on the request of the applicant, restore the right of priority if it finds that a criterion for restoration applied by it is satisfied, namely, that the failure to file the international application within the priority period: (i) occurred in spite of due care required by the circumstances having been taken; or (ii) was unintentional.”

It’s important to note that different receiving Offices may apply different criteria, so applicants should be aware of which criterion applies to their specific case.

To learn more:

• PCT application
• priority restoration
• due care
• unintentional failure