- (F) if a request for early processing has not been requested prior to 30 months from the priority date, the date of submission of any translation of the annexes to the international preliminary examination report if the translation of the annexes are filed within the time period set in a Notification of Missing Requirements (Form PCT/DO/EO/905) requiring either an English translation of the international application or an oath or declaration; and
- (G) the date of submission
of any surcharge for submitting the oath or declaration later than 30 months from the priority date.
S.C
154(b)(1)(A)(i)(II) to change “the date on which an international application fulfilled the requirements of section 371” to “the date of commencement of the national stage under section 371 in an international application.” See Public Law 112-274, 126 Stat. 2456 (2013). Thus, under the AIA Technical Corrections Act, the fourteen-month period in 35 U. 154(b)(1)(A)(i) for a national stage application is measured from the date of commencement of the national stage under 35 U. 371 in an international application.
A U.S. national stage application may be entitled to: (A) a right of priority under 35 U. 119(a) and 365(b) based on a prior foreign application or international application designating at least one country other than the United States; and (B) the benefit of an earlier filed U.S. national application or international application designating the United States pursuant to 35 U. 119(e) or 35 U. 120 and 365(c).
International applications filed on or after ended PCT Rules permitting restoration of a right of priority
Pursuant to 35 U. 365(b) a U.S. national stage application shall be entitled to a right of priority based on a prior foreign application or international application designating at least one country other than the United States in accordance with the conditions and requirements of 35 U. 119(a) and the treaty and the PCT regulations. See in particular PCT Article 8 and PCT Rules 4.10 and 26bis. To obtain priority in the U.S. national stage application to such applications, the priority must have been timely claimed in the international stage of the international application. See 37 CFR 1.55(d)(2). In the event that a claim of foreign priority is not timely made in the international stage, the priority claim may be made in the U.S. national stage application upon petition under 37 CFR 1.55(e), if the entire delay between the date the priority claim was due under PCT Rule 26bis and the date the claim is filed is unintentional.
Note that in U.S. national stage applications it is permissible, but not required, to present the claim for priority in an application data sheet. A proper claim for priority will be acknowledged (subject to the paragraph below) and the national stage application file will then be checked to see if the file contains a copy of the certified copy of the priority document submitted to the International Bureau. See subsection II below for further information concerning the certified copy of the priority document.
See MPEP § . Consequently, international applications filed on or after may claim priority to a foreign application filed more than 12 months before the filing date of the international application. Such a priority claim will be effective in the U.S. national stage if the right of priority has been restored under PCT Rule 26bis.3 during the international stage. See 37 CFR 1.55(c).
Furthermore, the right of priority may be restored in a U.S. national stage application upon petition under 37 CFR 1.55(c). Restoration of the right of priority upon petition under 37 CFR 1.55(c) is not limited to applications having an international filing date of or later. It should be noted that where a petition under 37 CFR 1.55(c) is necessary to restore the right of priority in a U.S. national stage application, a petition under 37 CFR 1.55(e) to add a delayed priority claim will also be required where the priority claim was not properly made within the time limit set forth in the PCT and the Regulations under the PCT. 37 CFR 1.55(d)(2).