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 (c) was not complied with.”
This means that:
- Designated Offices have the authority to review and potentially refuse to recognize a priority restoration granted by the receiving Office.
- The refusal can be based on non-compliance with the requirements for restoration under PCT Rule 26bis.3.
- This review is subject to PCT Rule 82ter.1(c), which allows for consideration of evidence submitted to the receiving Office.
It’s crucial for applicants to ensure that all requirements for priority restoration are meticulously followed, as the restoration’s validity may be reassessed during the national phase.
To learn more: