What is the difference between the “in spite of due care” and “unintentional” standards for priority restoration?
The PCT system recognizes two standards for restoring the right of priority: the “in spite of due care” standard and the “unintentional” standard. The United States, as a receiving office, only applies the “unintentional” standard. MPEP 1828.01 explains: “The International Bureau decides these matters under both the in spite of due care and unintentional standards.…
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