What is the restoration of the right of priority under the PLTIA?

The Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications).

As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. (MPEP 210)

Key points about restoration of the right of priority:

• It applies to both foreign priority claims and domestic benefit claims to provisional applications.
• The subsequent application must be filed within 14 months from the filing date of the prior foreign application or provisional application (8 months for design applications).
• The delay in filing the subsequent application must be unintentional.
• A petition for restoration of the right of priority must be filed.

The specific requirements and procedures for restoration of the right of priority are outlined in 37 CFR 1.55(c) for foreign priority claims and 37 CFR 1.78(b) for domestic benefit claims.

For more information on PLTIA, visit: PLTIA.

For more information on unintentional delay, visit: unintentional delay.