§1.452. Restoration of right of priority.
37 C.F.R. § 1.452
If the international application has an international filing date which is later than the expiration of the priority period as defined by PCT Rule 2.4 but within two months from the expiration of the priority period, the right of priority in the international application may be restored upon request if the delay in filing the international application within the priority period was unintentional.
A request to restore the right of priority in an international application under paragraph (a) of this section must be filed not later than two months from the expiration of the priority period and must include:
A notice under PCT Rule 26bis.1(a) adding the priority claim, if the priority claim in respect of the earlier application is not contained in the international application;
The petition fee as set forth in § 1.17(m); and
A statement that the delay in filing the international application within the priority period was unintentional. The Director may require additional information where there is a question whether the delay was unintentional.
If the applicant makes a request for early publication under PCT Article 21(2)(b), any requirement under paragraph (b) of this section filed after the technical preparations for international publication have been completed by the International Bureau shall be considered as not having been submitted in time.
Notes, amendments, and revision history
Amendments
[72 FR 51563, Sept. 10, 2007, as amended at 78 FR 62407, Oct. 21, 2013]
Authority
Authority: Secs. 1.401 to 1.499 also issued under 35 U.S.C. 41 and 351 through 376.
Source
Source: 43 FR 20466, May 11, 1978, unless otherwise noted.
Authority
Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.
Source
Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.
Amendments
[72 FR 51563, Sept. 10, 2007, as amended at 78 FR 62407, Oct. 21, 2013]