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Can a PCT patent application be revived 5 years after the…

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Can a PCT patent application...
Can a PCT patent application be revived 5 years after the priority date?
Submitted: 1 month ago.Category: Intellectual Property Law
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5/23/2018
IP Lawyer: Josie-Mod,
 replied 1 month ago
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Hi, I'm Josie, a moderator for this topic.
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Customer reply replied 27 days ago
I am still waiting for the answer to the original question
IP Lawyer: KLAW, Lawyer replied 27 days ago
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IP Lawyer: KLAW, Lawyer replied 27 days ago
If the priority year has passed, you have two options:
1) file a new PCT application and not claim priority. You then introduce at least an extra year of prior art, but if you have not published anything yourself, that may be acceptable, and accepted;
2) try to restore the application. Such a request needs to be filed with the filing office, in your case the USPTO. They will probably accept the restoration request since the USPTO uses the 'unintentional' principle. However, the PCT application should be seen as a bundle of national applications. Be aware that many other countries patent offices use the 'all due care' principle in restoration procedures where you have to demonstrate that in spite of all due care this error happened as an isolated error in a normal well functioning system. If you could argue that, there will be a fair chance that other offices also will accept the restoration.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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