What is the time limit for requesting restoration of the right of priority in a PCT application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The time limit for requesting restoration of the right of priority in a PCT application is within two months from the expiration of the priority period. This is specified in MPEP 1828.01 , which states: “The applicant may request the receiving Office to restore the right of priority if the international application has an international filing date which is later than the date on which the priority period expired but within two months from that date.” It’s important to note that this two-month period is calculated from the end of the 12-month priority period, not from the international filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Right of Priority May Be Restored Within Two Months After Expiration MPEP 1828.01 Permitted Use of Priority Document in National Application MPEP 1828 Correction of Priority Claim Within 16 Months MPEP 1828 Applicant May Correct Priority Claim Within 16 Months of Priority Date MPEP 1828 Permitted Request for Priority Restoration Must Be Filed Within Two Months MPEP 1828.01 Required Request to Restore Priority Claim Must Be Filed Within Two Months MPEP 1828.01 Required Request for Priority Restoration After Expiration MPEP 1828.01 Permitted Priority Right Can Be Restored Within Two Months of Expiration MPEP 1828.01 Request for Priority Restoration After Expiration MPEP 1828.01 Priority Restoration Not Allowed in Certain Offices MPEP 1828.01 Recommended Other Related FAQs 5 FAQs Collapse Can a designated Office refuse to recognize the restoration of the right of priority in a PCT application? How does the &#8220;due care&#8221; criterion differ from the &#8220;unintentional&#8221; criterion in priority right restoration? Ho...