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Invitation To Correct Priority Claim Form. This is a Official Federal Forms form and can be use in PCT US Patent Office.
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Tags: Invitation To Correct Priority Claim, PCT-IB-316, Official Federal Forms US Patent Office, PCT
PATENT COOPERATION TREATY
From the INTERNATIONAL BUREAU
PCT
To:
INVITATION TO CORRECT PRIORITY CLAIM
AND/OR NOTIFICATION OF POSSIBILITY
TO REQUEST RESTORATION OF
THE RIGHT OF PRIORITY
(PCT Rules 4.10, 26bis.1, 26bis.2(a) and (b), 26bis.3)
Date of mailing
(day/month/year)
Applicant’s or agent’s file reference
REPLY DUE
See items 1 and 2
International application No.
International filing date
(day/month/year)
Applicant
1.
The applicant is hereby invited to correct, by a notice submitted to the International Bureau within the time limit indicated
below, defects in the priority claim as indicated in Annex A:
Time limit to respond to this Invitation (Rule 26bis.1(a)):
– within 16 months from the (earliest) priority date; or
– if the (earliest) priority date is changed as a result of the correction or addition of the (earliest) priority claim, within
16 months from that (earliest) priority date so changed,
whichever expires first, provided that such a notice may, in any event, be submitted until the expiration of four months from
the international filing date.
Failure to respond to this invitation within the prescribed time limit may result in the priority claim concerned to be considered
void for the purposes of the procedure under the PCT (Rule 26bis.2(b)).
2.
The international filing date of the international application is later than the date on which the priority period (Rule 2.4) expired
but is within two months from that date. The applicant is hereby notified of the possibility of submitting to the receiving Office,
within the time limit indicated below, a request to restore the right of priority as indicated in Annex B.
Time limit to request the restoration of the right of priority with the receiving Office (Rule 26bis.3(e)):
– within two months from the date on which the priority period expired.
3.
In the case where multiple priorities have been claimed, this notice relates to the following priority claim:
A copy of this Invitation/Notification is being sent to the receiving Office.
The International Bureau of WIPO
34, chemin des Colombettes
1211 Geneva 20, Switzerland
Facsimile No. +41 22 338 82 70
Authorized officer
Telephone No. +41 22 338 XX XX
Form PCT/IB/316 (April 2007)
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International application No.
ANNEX A TO FORM PCT/IB/316
The International Bureau has found the following defects in the priority claim(s):
1. Failure to Comply with the Requirements of Rule 4.10
a.
National application
Missing indication of the filing date of the earlier application.
Filing date indicated for the earlier application does not fall within the period of 12 months preceding the international
filing date.*
Missing indication of the number of the earlier application.**
Missing indication of the country party to the Paris Convention for the Protection of Industrial Property, or of the
Member of the World Trade Organization that is not party to that Convention, in which the earlier national application
was filed.
The country indicated is neither a party to the Paris Convention for the Protection of Industrial Property nor a Member
of the World Trade Organization.
b.
Regional application
Missing indication of the filing date of the earlier application.
Filing date indicated for the earlier application does not fall within the period of 12 months preceding the international
filing date.*
Missing indication of the number of the earlier application.**
Missing indication of the authority entrusted with the granting of regional patents under the applicable regional patent
treaty.
The authority indicated as the authority entrusted with the granting of regional patents does not grant regional patents.
The priority claim in relation to the ARIPO application does not indicate either at least one country party to the Paris
Convention for the Protection of Industrial Property, or at least one Member of the World Trade Organization, for
which the earlier application was filed.
c.
International application
Missing indication of the filing date of the earlier application.
Filing date indicated for the earlier application does not fall within the period of 12 months preceding the international
filing date.*
Missing indication of the number of the earlier application.**
Missing indication of the receiving Office with which it was filed.
2. Inconsistency with the Corresponding Indications in the Priority Document**
a.
Inconsistency with regard to the filing date of the earlier application:
The request indicates:
The priority document indicates:
b.
Inconsistency with regard to the number of the earlier application:
The request indicates:
The priority document indicates:
c.
Inconsistency with regard to the country party to the Paris Convention for the Protection of Industrial Property or the
Member of the World Trade Organization in which the national application was filed:
The request indicates:
The priority document indicates:
d.
Inconsistency with regard to the authority entrusted with the granting of regional patents under the applicable regional
patent treaty:
The request indicates:
The priority document indicates:
e.
Inconsistency with regard to the receiving Office with which the international application was filed:
The request indicates:
The priority document indicates:
*
If the international filing date is later than the date on which the priority period expired, but is within two months from that expiration
date, the priority claim will not be considered void (Rule 26bis.2(c)(iii)).
** Even if this defect is not corrected in response to this invitation, the priority claim concerned will not be considered void
(Rule 26bis.2(c)(i) and (ii)).
Form PCT/IB/316 (Annex A) (April 2007)
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International application No.
ANNEX B TO FORM PCT/IB/316
NOTIFICATION OF POSSIBILITY TO REQUEST RESTORATION OF RIGHT OF PRIORITY
(Rule 26bis.3)
The international filing date of the international application is later than the date on which the priority period (Rule 2.4) expired but is
within two months from that date. If the filing date of the earlier application has been indicated correctly and no request for correction
of that filing date is submitted under Rule 26bis.1(a), the applicant may submit to the receiving Office, within the time limit indicated
below, a request to restore the right of priority.
REQUEST TO RESTORE THE RIGHT OF PRIORITY
The request to restore the right of priority must be filed with the receiving Office within two months from the date on which the priority
period expired provided that, where the applicant makes a request for early publication under Article 21(2)(b), the request must be
submitted before technical preparations for international publication have been completed (Rule 26bis.3(e)).
The request to restore the right of priority must state the reasons for the failure to file the international application within the priority
period; where required by the receiving Office, the request to restore the right of priority should preferably already be accompanied by
a declaration or other evidence in support of the statement of reasons referred to in Rule 26bis.3(b)(iii) and the applicable fees should
be paid (Rule 26bis.3(d)).
Form PCT/IB/316 (Annex B) (April 2007)
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