Patent Law FAQ

The location for filing your petition to restore the right of priority depends on the type of application you have. The MPEP provides guidance:

The petition to restore the right of priority must be filed in the subsequent application, or in the earliest nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the subsequent application, if such subsequent application is not a nonprovisional application.

Additionally, the MPEP specifies the mailing address for such petitions:

The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Ensure you file the petition in the correct application and send it to the appropriate address to avoid processing delays.

For more information on mailing address, visit: mailing address.

For more information on priority restoration, visit: priority restoration.

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures:

• 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).
• The ability to file international design applications and claim priority to, and the benefit of, international design applications in nonprovisional 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)

These changes were implemented in two phases:

• Title II of the PLTIA became effective on December 18, 2013.
• Title I of the PLTIA became effective on May 13, 2015.

For more information on international design applications, visit: international design applications.

For more information on PLTIA, visit: PLTIA.

For more information on priority restoration, visit: priority restoration.

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.

According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”

The petition to restore the right of priority must include:

• The priority claim identifying the prior foreign application
• The petition fee
• A statement that the delay in filing was unintentional

The USPTO may require additional information to establish that the delay was unintentional.

For more information on foreign priority, visit: foreign priority.

For more information on priority restoration, visit: priority restoration.

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

Yes, the right of priority can be restored if the filing deadline is missed, but certain conditions must be met:

• The subsequent application must be filed within two months of the expiration of the priority period.
• A petition under 37 CFR 1.55(c) must be filed.
• The delay in filing must be unintentional.

The MPEP states: As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional. (MPEP 213.03)

To learn more:

• Priority restoration
• Missed deadline
• Petition
• Unintentional delay

The Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including:

• Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline
• Ability to file international design applications
• Claiming priority to and benefit of international design applications

The MPEP notes: “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)

Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional.

37 CFR 1.55(c) states: “If the subsequent application has a filing date which is after the expiration of the period set forth in paragraph (b)(1) of this section, but within two months from the expiration of the period set forth in paragraph (b)(1) of this section, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition pursuant to this paragraph, if the delay in filing the subsequent application within the period set forth in paragraph (b)(1) of this section was unintentional.”

To restore the right of priority, the applicant must file a petition including:
1. The priority claim
2. The petition fee
3. A statement that the delay was unintentional

The USPTO may require additional information to determine if the delay was truly unintentional.

Yes, it is possible to restore the right of priority if you miss the 12-month filing deadline (6 months for design applications). As provided in 37 CFR 1.55(c), if the subsequent application is filed within two months from the expiration of the priority period, the right of priority may be restored upon petition. The petition must include:

• The priority claim (unless previously submitted)
• The petition fee
• A statement that the delay in filing was unintentional

The Director may require additional information where there is a question whether the delay was unintentional. Note that while this allows for a valid priority claim, it does not overcome potential prior art issues under pre-AIA 35 U.S.C. 102(b) or (d) in applications subject to pre-AIA law.

An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.

According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”

The petition to restore the right of priority must include:

• The priority claim identifying the prior foreign application
• The petition fee
• A statement that the delay in filing was unintentional

The USPTO may require additional information to establish that the delay was unintentional.

For more information on foreign priority, visit: foreign priority.

For more information on priority restoration, visit: priority restoration.

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

Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional.

37 CFR 1.55(c) states: “If the subsequent application has a filing date which is after the expiration of the period set forth in paragraph (b)(1) of this section, but within two months from the expiration of the period set forth in paragraph (b)(1) of this section, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition pursuant to this paragraph, if the delay in filing the subsequent application within the period set forth in paragraph (b)(1) of this section was unintentional.”

To restore the right of priority, the applicant must file a petition including:
1. The priority claim
2. The petition fee
3. A statement that the delay was unintentional

The USPTO may require additional information to determine if the delay was truly unintentional.

Yes, it is possible to restore the right of priority if you miss the 12-month filing deadline (6 months for design applications). As provided in 37 CFR 1.55(c), if the subsequent application is filed within two months from the expiration of the priority period, the right of priority may be restored upon petition. The petition must include:

• The priority claim (unless previously submitted)
• The petition fee
• A statement that the delay in filing was unintentional

The Director may require additional information where there is a question whether the delay was unintentional. Note that while this allows for a valid priority claim, it does not overcome potential prior art issues under pre-AIA 35 U.S.C. 102(b) or (d) in applications subject to pre-AIA law.

The location for filing your petition to restore the right of priority depends on the type of application you have. The MPEP provides guidance:

The petition to restore the right of priority must be filed in the subsequent application, or in the earliest nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the subsequent application, if such subsequent application is not a nonprovisional application.

Additionally, the MPEP specifies the mailing address for such petitions:

The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Ensure you file the petition in the correct application and send it to the appropriate address to avoid processing delays.

For more information on mailing address, visit: mailing address.

For more information on priority restoration, visit: priority restoration.

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

The location for filing your petition to restore the right of priority depends on the type of application you have. The MPEP provides guidance:

The petition to restore the right of priority must be filed in the subsequent application, or in the earliest nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the subsequent application, if such subsequent application is not a nonprovisional application.

Additionally, the MPEP specifies the mailing address for such petitions:

The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Ensure you file the petition in the correct application and send it to the appropriate address to avoid processing delays.

For more information on mailing address, visit: mailing address.

For more information on priority restoration, visit: priority restoration.

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures:

• 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).
• The ability to file international design applications and claim priority to, and the benefit of, international design applications in nonprovisional 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)

These changes were implemented in two phases:

• Title II of the PLTIA became effective on December 18, 2013.
• Title I of the PLTIA became effective on May 13, 2015.

For more information on international design applications, visit: international design applications.

For more information on PLTIA, visit: PLTIA.

For more information on priority restoration, visit: priority restoration.

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

The Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including:

• Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline
• Ability to file international design applications
• Claiming priority to and benefit of international design applications

The MPEP notes: “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)

An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.

According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”

The petition to restore the right of priority must include:

• The priority claim identifying the prior foreign application
• The petition fee
• A statement that the delay in filing was unintentional

The USPTO may require additional information to establish that the delay was unintentional.

For more information on foreign priority, visit: foreign priority.

For more information on priority restoration, visit: priority restoration.

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

Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional.

37 CFR 1.55(c) states: “If the subsequent application has a filing date which is after the expiration of the period set forth in paragraph (b)(1) of this section, but within two months from the expiration of the period set forth in paragraph (b)(1) of this section, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition pursuant to this paragraph, if the delay in filing the subsequent application within the period set forth in paragraph (b)(1) of this section was unintentional.”

To restore the right of priority, the applicant must file a petition including:
1. The priority claim
2. The petition fee
3. A statement that the delay was unintentional

The USPTO may require additional information to determine if the delay was truly unintentional.

Yes, the right of priority can be restored if the filing deadline is missed, but certain conditions must be met:

• The subsequent application must be filed within two months of the expiration of the priority period.
• A petition under 37 CFR 1.55(c) must be filed.
• The delay in filing must be unintentional.

The MPEP states: As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional. (MPEP 213.03)

To learn more:

• Priority restoration
• Missed deadline
• Petition
• Unintentional delay

Yes, it is possible to restore the right of priority if you miss the 12-month filing deadline (6 months for design applications). As provided in 37 CFR 1.55(c), if the subsequent application is filed within two months from the expiration of the priority period, the right of priority may be restored upon petition. The petition must include:

• The priority claim (unless previously submitted)
• The petition fee
• A statement that the delay in filing was unintentional

The Director may require additional information where there is a question whether the delay was unintentional. Note that while this allows for a valid priority claim, it does not overcome potential prior art issues under pre-AIA 35 U.S.C. 102(b) or (d) in applications subject to pre-AIA law.

The location for filing your petition to restore the right of priority depends on the type of application you have. The MPEP provides guidance:

The petition to restore the right of priority must be filed in the subsequent application, or in the earliest nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the subsequent application, if such subsequent application is not a nonprovisional application.

Additionally, the MPEP specifies the mailing address for such petitions:

The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Ensure you file the petition in the correct application and send it to the appropriate address to avoid processing delays.

For more information on mailing address, visit: mailing address.

For more information on priority restoration, visit: priority restoration.

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures:

• 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).
• The ability to file international design applications and claim priority to, and the benefit of, international design applications in nonprovisional 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)

These changes were implemented in two phases:

• Title II of the PLTIA became effective on December 18, 2013.
• Title I of the PLTIA became effective on May 13, 2015.

For more information on international design applications, visit: international design applications.

For more information on PLTIA, visit: PLTIA.

For more information on priority restoration, visit: priority restoration.

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

The Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including:

• Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline
• Ability to file international design applications
• Claiming priority to and benefit of international design applications

The MPEP notes: “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)

An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.

According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”

The petition to restore the right of priority must include:

• The priority claim identifying the prior foreign application
• The petition fee
• A statement that the delay in filing was unintentional

The USPTO may require additional information to establish that the delay was unintentional.

For more information on foreign priority, visit: foreign priority.

For more information on priority restoration, visit: priority restoration.

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

Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional.

37 CFR 1.55(c) states: “If the subsequent application has a filing date which is after the expiration of the period set forth in paragraph (b)(1) of this section, but within two months from the expiration of the period set forth in paragraph (b)(1) of this section, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition pursuant to this paragraph, if the delay in filing the subsequent application within the period set forth in paragraph (b)(1) of this section was unintentional.”

To restore the right of priority, the applicant must file a petition including:
1. The priority claim
2. The petition fee
3. A statement that the delay was unintentional

The USPTO may require additional information to determine if the delay was truly unintentional.

Yes, the right of priority can be restored if the filing deadline is missed, but certain conditions must be met:

• The subsequent application must be filed within two months of the expiration of the priority period.
• A petition under 37 CFR 1.55(c) must be filed.
• The delay in filing must be unintentional.

The MPEP states: As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional. (MPEP 213.03)

To learn more:

• Priority restoration
• Missed deadline
• Petition
• Unintentional delay

Yes, it is possible to restore the right of priority if you miss the 12-month filing deadline (6 months for design applications). As provided in 37 CFR 1.55(c), if the subsequent application is filed within two months from the expiration of the priority period, the right of priority may be restored upon petition. The petition must include:

• The priority claim (unless previously submitted)
• The petition fee
• A statement that the delay in filing was unintentional

The Director may require additional information where there is a question whether the delay was unintentional. Note that while this allows for a valid priority claim, it does not overcome potential prior art issues under pre-AIA 35 U.S.C. 102(b) or (d) in applications subject to pre-AIA law.