PCT AG-NP 6.004 What are the effects of a decision by a receiving Office to restore the right of priority on designated Offices?

Rule 49ter.1

6.004.  What are the effects of a decision by a receiving Office to restore the right of priority on designated Offices?  A decision by a receiving Office to restore a right of priority based on the criterion of “due care” will, as a general rule, be effective in all designated Offices, unless the designated Office submitted a notification of incompatibility under Rule 49ter.1(g) (see paragraph 6.005).  A decision by a receiving Office to restore a right of priority based on the criterion of “unintentionality” will be effective only in those designated States the applicable laws of which provided for restoration of the right of priority based on that criterion or on a criterion which, from the viewpoint of applicants, is more favorable than that criterion.  A decision by a receiving Office to refuse to restore the right of priority can always be reviewed by a designated Office (see paragraph 6.006), unless it has submitted a notification of incompatibility under Rule 49ter.1(g), such that restoration is not possible in that jurisdiction.

In addition, a review of a positive decision may be made by a designated Office in the limited situation where it reasonably doubts that one of the substantive requirements for restoration was complied with.  No review is permitted on purely formal grounds, such as, for example, the ground that the relevant fee in the international phase might not have been paid.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np06.html

Date retrieved: 02 November 2015

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PCT Implementing Rules

PCT Applicant's Guide - International Phase