What is the restoration of the right of priority under the PLTIA?
The Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications). As stated in the MPEP: Notable changes to the law and…
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 MoreHow can an applicant file a delayed claim for foreign priority in a U.S. patent application?
If a claim for foreign priority is not presented within the required time period under 37 CFR 1.55, it is considered waived. However, the claim may be accepted if the priority claim was unintentionally delayed. To file a petition for an unintentionally delayed priority claim, the applicant must submit: The priority claim under 35 U.S.C.…
Read MoreWhat happens if I fail to make a timely priority claim or submit a certified copy?
If you fail to make a timely priority claim or submit a certified copy of the foreign application within the required time period, the following may occur: The right of priority may be considered waived The effective filing date of your application may be the actual U.S. filing date, not the foreign filing date Intervening…
Read MoreWhat are the consequences of failing to timely submit a reference to a prior-filed application for a benefit claim under 35 U.S.C. 120 or 119(e)?
Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable. If the reference to the prior-filed…
Read MoreWhat happens if I miss the deadline for filing a foreign priority claim?
If you miss the deadline for filing a foreign priority claim, you may still have options: Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen…
Read MoreHow can the benefit of a provisional application be restored if the 12-month deadline is missed?
If an applicant misses the 12-month deadline for claiming the benefit of a provisional application, they may be able to restore the benefit under certain conditions: The nonprovisional application must be filed within 14 months of the provisional application’s filing date A petition under 37 CFR 1.78(b) must be filed in the nonprovisional application The…
Read MoreWhat happens if I file a nonprovisional application after the 12-month priority period?
If you file a nonprovisional application after the 12-month priority period from the filing date of a foreign application, you may still be able to claim priority under certain circumstances: Two-month grace period: The USPTO provides a two-month grace period after the 12-month priority period. During this time, you can file the nonprovisional application with…
Read MoreWhat is the process for adding a benefit claim after the time period set forth in 37 CFR 1.78?
What is the process for adding a benefit claim after the time period set forth in 37 CFR 1.78? To add a benefit claim after the time period set forth in 37 CFR 1.78, you must file a petition to accept an unintentionally delayed benefit claim. The MPEP 211.02(a) outlines the process: File a petition…
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