What is the restoration of the right of priority in U.S. national stage applications?
Restoration of the right of priority allows applicants to claim priority to a foreign application or benefit of a provisional application filed more than 12 months before the international filing date. This applies to international applications filed on or after April 1, 2007.
The MPEP states: “International applications filed on or after April 1, 2007 are subject to amended PCT Rules permitting restoration of a right of priority. See MPEP § 1828.01. Consequently, international applications filed on or after April 1, 2007 may claim priority to a foreign application filed more than 12 months before the filing date of the international application.”
For foreign priority claims, restoration can occur under PCT Rule 26bis.3 during the international stage or by petition under 37 CFR 1.55(c) in the U.S. national stage.
For provisional application benefits, restoration can occur under PCT Rule 26bis.3 during the international stage or by petition under 37 CFR 1.78(b) in the U.S. national stage.
Note that if restoration is necessary, a petition for delayed priority or benefit claim may also be required if the claim was not timely made.
To learn more: