How can an applicant restore the right of priority if the U.S. application is filed after the 12-month deadline?
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…
Read MoreWhere should I file the petition to restore the right of priority?
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)…
Read MoreWhat are the requirements for a petition to restore the right of priority?
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…
Read MoreWhat changes were introduced by the Patent Law Treaties Implementation Act (PLTIA)?
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…
Read MoreCan I restore the right of priority if I miss the 12-month filing deadline?
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…
Read MoreCan the right of priority be restored if the U.S. application is filed late?
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…
Read MoreWhat are the changes to priority and benefit claims under the Patent Law Treaties Implementation Act (PLTIA)?
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…
Read MoreCan the right of priority be restored if the filing deadline is missed?
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:…
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