What documentation is required when requesting restoration of the right of priority for a PCT application?
When requesting restoration of the right of priority for a PCT application, specific documentation must be provided. According to MPEP 1828.01, the following items are required:
- A statement of reasons for the failure to file the international application within the priority period
- Any evidence in support of the statement of reasons
- The required fee
The MPEP states:
“The applicant shall file a request for restoration of the right of priority and the evidence considered necessary to support the reasons for failure to file the international application within the priority period.”
It’s crucial to provide a detailed explanation of why the priority period was missed and any supporting evidence that demonstrates either due care was taken or that the failure was unintentional, depending on the criterion applied by the receiving Office.
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