PCT AG-NP 6.008 How should a request for the restoration of the right of priority be filed with the designated Office?

Rule 49ter.2(b)
and (f)

6.008.  How should a request for the restoration of the right of priority be filed with the designated Office?  The request to restore the right of priority must be submitted by way of a letter to the designated 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 and the international application must have been filed within two months from the expiration of the priority period.  If the international application did not contain the relevant priority claim at the time of filing, such a claim must have been added, pursuant to Rule 26bis.1(a) (see International Phase, paragraphs 6.038 to 6.040), before the expiration of the time limit under Rule 26bis.3(e) (Rule 26bis.3(c));

– the request to restore should state the reasons for the failure to file the international application within the priority period (see paragraph 6.010).  The statement of reasons should be drafted in light of the restoration criterion which the applicant seeks to satisfy, from among those applied by the Office (see paragraph 6.009);

– the request must be accompanied by any fee for requesting restoration required by the designated Office (see National Chapter, Annex I for whether a particular designated Office requires such a fee);

– if required by the designated Office and subject to an invitation by the Office, a declaration or other evidence in support of the statement of reasons must be furnished (Rule 49ter.2(c)) (for the applicable time limit, see paragraph 6.007).

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