Can 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 must include:

• The priority claim (unless previously submitted)
• The petition fee
• A statement that the delay in filing was unintentional

The Director may require additional information where there is a question whether the delay was unintentional. Note that while this allows for a valid priority claim, it does not overcome potential prior art issues under pre-AIA 35 U.S.C. 102(b) or (d) in applications subject to pre-AIA law.