Annex of circular C. PCT 1372

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(a) the international filing date of the international application is later than the date on

which the priority period expired but within two months from that date (Rule 26bis.3(a));

(b) a A priority claim to an earlier application is made in the international application or is

subsequently added, pursuant to Rule 26bis.1(a) within the applicable time limit under Rule26bis.3(e);.

(c)(b)the request to restore the right of priority and a A statement of reasons for failure

to file the international application within the priority period has have both been

submitted furnished (see also paragraph 166F below) within the applicable time limit under Rule 26bis.3(e) (for the statement, see also paragraph 166F below); and.

(d) (c) T t he fee for requesting restoration, if applicable, has been paid (Rule 26bis.3(d))

within the applicable time limit under Rule 26bis.3(e). The time limit for payment of the fee may be extended for a period of up to two months from the expiration of that the

time limit under Rule 26bis.3(e)(Rule 26bis.3(d)).

(d) If required by the receiving Office, a declaration or evidence in support of the

statement of reasons for failure to file the international application within the priority

period has been furnished.

If any of the above requirements are not complied with, and the applicable time limit

has not yet expired, the receiving Office promptly invites the applicant (Form

PCT/RO/132) to comply with that requirement within the applicable time limit. If any of the above requirements are not complied with after the applicable time limit, the

receiving Office notifies the applicant (Form PCT/RO/158) of the deficiency. If the

receiving Office intends to refuse the request to restore the right of priority, it should so indicate in detail in Form PCT/RO/158 and provide s the applicant with an opportunity to make observations within a reasonable time limit (Rule26bis.3(g)).

166C. Separate Request to Restore the Right of Priority.

A request to restore the right of priority may also be submitted separately from the request form. The receiving Office should process such separate requests in the same manner and according to the procedures outlined in paragraphs 166A to 166I.

166D. Time Limit for Requesting Restoration of the Right of Priority.

The time limit to request to restore the priority right and to comply with the requirements listed in paragraphs (a), (b) and (c) of paragraph 166B above is two months from the date on which the priority period expired. Where the applicant makes a request for early publication under Article 21(2)(b), any request to restore the right of priority must be submitted and the requirements mentioned above must be complied with before the technical preparations for international publication have been completed (Rule 26bis.3(e)). If the receiving Office requires the applicant to provide a declaration or evidence in support of the statement of reasons for failure to timely file the international application (Rule 26bis.3(f)), it invites the applicant within a time limit which is reasonable under the circumstances, to furnish such documents. If the receiving Office intends to refuse the request to restore the right of priority (Rule 26bis.3(g)), it allows the applicant to make observations within a time limit which is reasonable under the circumstances (Form PCT/RO/158). In this notification, the receiving Office may also request that a declaration or evidence be furnished (see paragraph 166G). 166E. Decision to Restore the Right of Priority.

The receiving Office, when deciding on a request for restoration, is free to apply either the more strict criterion of “due care” or the less strict criterion of “unintentionality”