Missing the 12 Month⁢ Priority Deadline for a PCT Patent‍ Application – Applying for Restoration, or Sneaking Through the International⁢ Backdoor?

Welcome to our comprehensive guide on what to do if you miss the 12-month priority deadline for a PCT patent application. If you ‌find yourself in‌ this situation, don’t worry – there are ⁤options available to you. In this article, ⁤we will discuss whether you can apply ‍for restoration or take advantage of an alternative international filing route. Read on to‌ learn more⁢ about your options and how to proceed effectively.

Understanding the 12 Month Priority Deadline

When filing a PCT (Patent Cooperation‍ Treaty) patent application, ​it is crucial to submit your⁣ application within 12 months of ‍the⁣ priority date of your original filing. This deadline is essential for securing‍ your intellectual property rights⁣ in multiple countries through a single international​ application. Missing this deadline can ⁣have serious consequences, as it may result in the loss of priority rights and potential patent protection in desired jurisdictions.

Applying⁢ for Restoration

If you have missed the ⁣12-month priority deadline, you may still have⁢ the option to apply for restoration of your PCT application. Restoration procedures vary by country and region, with ⁤some​ jurisdictions offering a grace period or specific ​requirements for applicants ⁤seeking ‌to‍ reinstate ⁢their rights. It is essential⁤ to consult with a ‌qualified patent attorney to determine if⁤ restoration is a viable option for​ your specific ‍situation.

Benefits of Restoration

Practical Tips for Restoration

Sneaking⁣ Through​ the International Backdoor

Alternatively,⁢ if restoration is ‍not a viable option, you ​may consider exploring alternative routes for international ⁢patent protection. One such option is to file a direct national application in⁣ individual countries of interest​ bypassing the‌ PCT system⁢ altogether. ⁢While⁣ this ⁣approach may involve⁣ additional costs and complexities, it can still allow you to secure patent rights in desired jurisdictions.

Case Studies

Case⁤ Study 1 Company ⁢A missed the 12-month ​PCT deadline but successfully regained priority rights through restoration procedures.
Case Study 2 Company B opted for the international‌ backdoor ⁢route, filing ‍direct national applications in key markets to protect their invention.


Missing the 12-month priority deadline for a​ PCT patent application can ‍be⁣ a challenging situation, but it is not‌ the end of the road. ‍By ⁢exploring ​options for restoration or alternative filing ​routes, you can still safeguard your intellectual property rights and‍ pursue patent protection in desired markets. Remember to seek professional guidance from a patent attorney to navigate the process effectively and ​maximize⁤ your chances​ of success.

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