How does the restoration of the right of priority affect PCT time limits?
The restoration of the right of priority has a significant impact on PCT time limits, particularly the 30-month period for entering the national stage. According to MPEP 1828.01:
“It should also be noted that regardless of the PCT Rule 26bis.3(j) and 49ter.1(g) status of any particular office, the priority date will still govern all PCT time limits, including the thirty-month period for filing national stage papers and fees under 37 CFR 1.495. PCT Article 2(xi), which defines “priority date” for purposes of computing time limits, contains no limitation that the priority claim be valid.“
This means that even if a particular national office does not accept the restoration of priority rights, the restored priority date will still be used to calculate PCT time limits, including the deadline for national stage entry.
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