Can a designated Office refuse to recognize the restoration of the right of priority in a PCT application?

Yes, a designated Office can refuse to recognize the restoration of the right of priority in a PCT application under certain circumstances. MPEP 1828.01 provides guidance on this matter: “A designated Office may, subject to Rule 82ter.1(c), refuse to recognize the restoration if it finds that a requirement for restoration under Rule 26bis.3(a), (b)(i) or…

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What is a designated office in patent applications?

A designated office is a national patent office of a country that has been ‘designated’ by an applicant in an international patent application filed under the Patent Cooperation Treaty (PCT). In the context of MPEP 602.07, the United States Patent and Trademark Office (USPTO) acts as a designated office when an applicant enters the national…

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What is MPEP 602.07 about?

MPEP 602.07 is titled ‘Oath or Declaration Filed in United States as a Designated Office’. This section provides guidance on the requirements for oaths or declarations filed in the United States Patent and Trademark Office (USPTO) when it acts as a designated office for international patent applications under the Patent Cooperation Treaty (PCT). The section…

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