PCT AG-IP 5.066 What needs to be included in the statement of reasons for the request to restore the right of priority and what additional information may be required in support of a request for restoration of the right of priority?

5.066.   What needs to be included in the statement of reasons for the request to restore the right of priority and what additional information may be required in support of a request for restoration of the right of priority?  The statement of reasons should indicate the reasons for the failure to file the international application within the priority period.  It should contain all the relevant facts and circumstances which would allow the receiving Office to determine that the failure to file the international application within the priority period occurred in spite of due care required by the circumstances having been taken or was unintentional.  Under Rule 26bis.3(f), the receiving Offices may require that a declaration or other evidence in support of the statement of reasons be furnished or, if some evidence has already been provided, that additional evidence be furnished. When submitting the statement of reasons and possibly any declaration or evidence in support of a request for restoration of the right of priority, the applicant must bear in mind that in general all these documents will be made publicly available by the International Bureau on PATENTSCOPE after the international publication of the international application (see paragraph 5.067 for exceptions). Any private or confidential information which is not necessary for supporting the request itself, should preferably be left out.

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

Date retrieved: 24 November 2017

2 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

PCT Implementing Rules

PCT Applicant's Guide - International Phase