37 CFR 1.452: Restoration of right of priority

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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1.452    Restoration of right of priority.

  • (a) If the international application has an international filing date which is later than the expiration of the priority period as defined by PCT Rule 2.4 but within two months from the expiration of the priority period, the right of priority in the international application may be restored upon request if the delay in filing the international application within the priority period was unintentional.
  • (b) A request to restore the right of priority in an international application under paragraph (a) of this section must be filed not later than two months from the expiration of the priority period and must include:
    • (1) A notice under PCT Rule 26bis.1(a) adding the priority claim, if the priority claim in respect of the earlier application is not contained in the international application;
    • (2) The petition fee as set forth in § 1.17(m); and
    • (3) A statement that the delay in filing the international application within the priority period was unintentional. The Director may require additional information where there is a question whether the delay was unintentional.
  • (c) If the applicant makes a request for early publication under PCT Article 21(2)(b), any requirement under paragraph (b) of this section filed after the technical preparations for international publication have been completed by the International Bureau shall be considered as not having been submitted in time.
[Added, 72 FR 51559 Sept. 10, 2007, effective Nov. 9, 2007; para. (b)(2) revised and para. (d) removed, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]