PCT AG-NP 6.009 What are the criteria for restoration applied by the designated Office?

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

6.009.  What are the criteria for restoration applied by the designated Office?  There are generally two criteria for restoration: either 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 the failure to file the international application within the priority period was unintentional.  All designated Offices to which these Rules are applicable (see paragraph 6.006) must apply at least one of these criteria, or else one more favorable from the point of view of the applicant.  If a designated Office wishes, it may apply both criteria for restoration.

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

Date retrieved: 02 November 2015

3 references found.

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PCT Implementing Rules

PCT Applicant's Guide - International Phase