37 CFR § 1.452 — Restoration of right of priority. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.452 Restoration of right of priority.
This page consolidates MPEP guidance interpreting 37 CFR § 1.452, including 20 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section provides detailed guidance on how to file a request to restore the right of priority in an international application, including specific deadlines and required information.
What this section covers
- Defines that this section addresses the restoration of a right to claim priority in an international application.
- Provides guidance on when and how to request restoration of the right of priority.
Key obligations
- The request to restore the right of priority must be filed not later than two months from the expiration of the priority period.
- The request must be filed in accordance with the prescribed form and fees.
- Compliance with USC/CFR 37 § 1.452 is required for the restoration of priority.
Practice notes
- Advise practitioners to ensure all required information is included in the request for restoration, including a statement of the reason for delay.
- Warn practitioners about the potential rejection if the request is not filed within the two-month period or does not comply with the prescribed form and fees.
Official MPEP § 1.452 — Restoration of right of priority.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.452 Restoration of right of priority.
- (a) If the international application has an international filing date which is later than the expiration of the priority period as defined by PCT Rule 2.4 but within two months from the expiration of the priority period, the right of priority in the international application may be restored upon request if the delay in filing the international application within the priority period was unintentional.
- (b) A request to restore the right of priority in an
international application under paragraph (a) of this section must
be filed not later than two months from the expiration of the
priority period and must include:
- (1) A notice under PCT Rule 26bis.1(a) adding the priority claim, if the priority claim in respect of the earlier application is not contained in the international application;
- (2) The petition fee as set forth in § 1.17(m) ; and
- (3) A statement that the delay in filing the international application within the priority period was unintentional. The Director may require additional information where there is a question whether the delay was unintentional.
- (c) If the applicant makes a request for early publication under PCT Article 21(2)(b) , any requirement under paragraph (b) of this section filed after the technical preparations for international publication have been completed by the International Bureau shall be considered as not having been submitted in time.
[Added, 72 FR 51559 Sept. 10, 2007, effective Nov. 9, 2007; para. (b)(2) revised and para. (d) removed, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]
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- Pct Amendments Article 19
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- Pct Filing
- Pct National Stage Entry
- Pct Request
| MPEP Section | Rules |
|---|---|
| MPEP § 1828.01 |