5.059. What does “priority period” mean? “Priority period” means the period of 12 months from the filing date of the earlier application whose priority is claimed in the international application. The day of filing of the earlier application is not included in this period. Subject to what is said below, in order to validly claim priority, an international application must always be filed within the priority period; otherwise, the right of priority will be lost. Note that, in certain cases (see Rules 2.4(b) and 80.5) the priority period may expire on a later day. Note further that, if the international application is filed after the expiration of the priority period but within a certain time limit, it may be possible, under limited circumstances, to request restoration of the right of priority (see paragraphs 5.062 to 5.069; this, however, will not apply to all Contracting States).
Date retrieved: 24 November 2017