This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Generally, the 30-month deadline for submitting PCT national phase requirements cannot be extended. However, there is a provision for restoring the right of priority under certain circumstances. According to MPEP 1893.01(a)(1):
“The Office may accept and consider a proper submission to enter the U.S. national phase after 30 months from the priority date if it is accompanied by a grantable petition under 37 CFR 1.182 and the required petition fee to excuse the applicant’s failure to comply with the time limit for entering the U.S. national phase under 35 U.S.C. 371(b) and 37 CFR 1.495.”
It’s important to note that this is an exceptional measure and requires a petition with a valid reason for the delay. The best practice is to meet the 30-month deadline to avoid complications.