PCT AG-IP 5.064 How should a request for the restoration of the right of priority be filed with the receiving Office?

Rule 4.1(c)(v) 26bis.1(a)
26bis.3

5.064.   How should a request for the restoration of the right of priority be filed with the receiving Office? The request form, Box VI, includes an option for the applicant to request restoration of the right of priority and a similar option is included in the PCT-SAFE software. The applicant only needs to add an indication, in the case of multiple priority claims, to clarify in respect of which priority claim restoration is requested. The request to restore the right of priority may also be submitted separately from the request form by way of a letter to the receiving Office.

For the request to restore the right of priority to be successful, the following requirements must be met:

 –  the international application must contain a priority claim to an earlier application. In addition, this international application must have been filed within two months from the date of the expiration of the priority period. If, the international application does not contain the relevant priority claim at the time of filing, such a claim must be added, in accordance with Rule 26bis.1(a) (see paragraphs 6.038 to 6.040), within two months from the expiration of the priority period (see Rules 26bis.3(c) and (e));

 –  the request to restore should state the reasons for the failure to file the international application within the priority period. This statement of reasons should be submitted as a separate document and accompany the request for restoration in the request form or may be filed subsequently within the time limit under Rule 26bis.3(e). The statement of reasons should take into consideration the restoration criterion which the applicant seeks to satisfy, from among those applied to such requests by the Office (see Annex C and paragraph 5.065);

 –  a fee for requesting restoration, if applicable, must be paid (see Annex C for whether a particular receiving Office requires a fee for the restoration of the right of priority) before the expiration of the time limit under Rule 26bis.3(e); the time limit for payment of the fee may be extended for a period of up to two months from the expiration of the time limit under Rule 26bis.3(e) (Rule 26bis.3(d));

 –  if required by the receiving Office, a declaration or other evidence in support of the statement of reasons should preferably be furnished together with the request to restore but may also be furnished upon invitation by the receiving Office (Rule 26bis.3(f)) (for the applicable time limit, see paragraph 5.063).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 02 November 2015

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PCT Implementing Rules

PCT Applicant's Guide - International Phase