Can the right of priority be restored if the filing deadline is missed?

Yes, the right of priority can be restored if the filing deadline is missed, but certain conditions must be met:

• The subsequent application must be filed within two months of the expiration of the priority period.
• A petition under 37 CFR 1.55(c) must be filed.
• The delay in filing must be unintentional.

The MPEP states: As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional. (MPEP 213.03)

To learn more:

• Priority restoration
• Missed deadline
• Petition
• Unintentional delay