What is the process for restoring the right of priority in a PCT application?

The process for restoring the right of priority in a PCT application involves the following steps:

1. File a request for restoration within two months from the expiration of the priority period.
2. Submit a statement of reasons for the failure to file the international application within the priority period.
3. Pay any required fee.
4. Provide a declaration or other evidence in support of the statement of reasons, if required by the receiving Office.

According to MPEP 1828: “The receiving Office shall restore the right of priority if it finds that the failure to file the international application within the priority period occurred in spite of due care required by the circumstances having been taken or was unintentional.”

It’s important to note that different receiving Offices may apply different criteria (“due care” or “unintentional”) when deciding on restoration requests. The United States Patent and Trademark Office applies both criteria.

To learn more:

• PCT application
• right of priority
• restoration
• due care
• unintentional