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PCT Working Group Forum

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  1. Katharina Fastenbauer

    Dear all,

    Now I have an idea which I do not know where else to post than in this brainstorming area. The idea is related to the "restoration of the right of priority under PCT Rule 26bis.3."
    We recently had to answer Circular C.PCT 1372 concerning this subject matter.
    On the other hand in our Office we also recently had an applicant wanting to file his PCT application, based on an Austrian priority application, on the last day of the time limit. And he had technical problems due to problems with our FAX on that day. *)
    Combining these two events, I had the idea that perhaps we could avoid some cases of "restoration of the right of priority under PCT Rule 26bis.3." if we would allow the applicant to send us an application and indicating that he wants an application date later than the date on which the Receiving Office RO receives the application.
    I have the impression that many applicants want the very last day as application date for their PCT application. As now the application date is defined by being the date the RO receives the application, applicants wait until this very last day. And in case of any event hindering the application on that very last day, they have to ask for the restoration of right... If it would be possible to send the application e.g. within the last two weeks of the priority year to the RO and to indicate that the application date should be the xxx (xxx would mostly be the last possible day for keeping the priority) this would allow the applicants to get this last possible application date, while removing some stress from the very last day. And consequently to avoid some of the cases for "restoration of the right of priority under PCT Rule 26bis.3."

    kind regards Katharina

     *) This case was solved, so that he could file in time and had not to run into a restoration of the right of priority.