Patent Law Treaty:Article 13 Correction or Addition of Priority Claim; Restoration of Priority Right

Patent Law Treaty

Article 13 Correction or Addition of Priority Claim; Restoration of Priority Right

Geldend

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1. [Correction or Addition of Priority Claim]

Except where otherwise prescribed in the Regulations, a Contracting Party shall provide for the correction or addition of a priority claim with respect to an application (‘the subsequent application’), if:

(i)

a request to that effect is made to the Office in accordance with the requirements prescribed in the Regulations;

(ii)

the request is filed within the time limit prescribed in the Regulations; and

(iii)

the filing date of the subsequent application is not later than the date of the expiration of the priority period calculated from the filing date of the earliest application whose priority is claimed.

2. [Delayed Filing of the Subsequent Application]

Taking into consideration Article 15, a Contracting Party shall provide that, where an application (‘the subsequent application’) which claims or could have claimed the priority of an earlier application has a filing date which is later than the date on which the priority period expired, but within the time limit prescribed in the Regulations, the Office shall restore the right of priority, if:

(i)

a request to that effect is made to the Office in accordance with the requirements prescribed in the Regulations;

(ii)

the request is filed within the time limit prescribed in the Regulations;

(iii)

the request states the reasons for the failure to comply with the priority period; and

(iv)

the Office finds that the failure to file the subsequent application within the priority period occurred in spite of due care required by the circumstances having been taken or, at the option of the Contracting Party, was unintentional.

3. [Failure to File a Copy of Earlier Application]

A Contracting Party shall provide that, where a copy of an earlier application required under Article 6(5) is not filed with the Office within the time limit prescribed in the Regulations pursuant to Article 6, the Office shall restore the right of priority, if:

(i)

a request to that effect is made to the Office in accordance with the requirements prescribed in the Regulations;

(ii)

the request is filed within the time limit for filing the copy of the earlier application prescribed in the Regulations pursuant to Article 6(5);

(iii)

the Office finds that the request for the copy to be provided had been filed with the Office with which the earlier application was filed, within the time limit prescribed in the Regulations; and

(iv)

a copy of the earlier application is filed within the time limit prescribed in the Regulations.

4. [Fees]

A Contracting Party may require that a fee be paid in respect of a request under paragraphs 1 to 3.

5. [Evidence]

A Contracting Party may require that a declaration or other evidence in support of the reasons referred to in paragraph 2(iii) be filed with the Office within a time limit fixed by the Office.

6. [Opportunity to Make Observations in Case of Intended Refusal]

A request under paragraphs 1 to 3 may not be refused, totally or in part, without the requesting party being given the opportunity to make observations on the intended refusal within a reasonable time limit.

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