6.006. Can a request to restore the right of priority also be filed directly with a designated Office? A request to restore the right of priority can also be filed directly with a designated Office once the applicant has entered the national phase before that Office. An applicant may wish to rely on this opportunity if he could not file a request to restore the right of priority with the receiving Office because of the operation of Rule 26bis.3(j), or obtain the restoration of the priority right on the desired criterion because of the criterion for restoration applied by the receiving Office, or because the receiving Office has refused the request to restore filed with it (see Rule 49ter.1(e)). Several designated Offices have, however, notified the International Bureau under Rule 49ter.2(h) of the incompatibility of Rule 49ter.2(a) to (g) with the national law applied by that Office. As a result, these designated Offices will not accept a request to restore the right of priority filed with it. A list of Offices which have notified the International Bureau of the incompatibility of their national law with Rule 49ter.2 can be found on WIPO’s website at www.wipo.int/pct/en/texts/reservations/res_incomp.html#R_49ter_2_h.
Date retrieved: 02 November 2015