What is the difference between the “in spite of due care” and “unintentional” standards for priority restoration?

The PCT system recognizes two standards for restoring the right of priority: the “in spite of due care” standard and the “unintentional” standard. The United States, as a receiving office, only applies the “unintentional” standard. MPEP 1828.01 explains:

“The International Bureau decides these matters under both the in spite of due care and unintentional standards. Therefore, in view of the fact that the USPTO only decides these matters under the unintentional standard, applicants may wish to consider filing directly with the International Bureau as receiving Office instead of the United States Receiving Office in the situation where applicant desires to request restoration of the right of priority under the in spite of due care standard.“

Applicants seeking restoration under the “in spite of due care” standard may need to file with the International Bureau or request forwarding of their application to the International Bureau under certain circumstances.

To learn more:

• PCT
• priority restoration standards
• in spite of due care
• unintentional delay
• International Bureau