Consequences Of Missing The Deadline For Filing PCT

¹To claim the priority of an earliest application, an international application must always be filed within 12 months from the filing date of the earlier application; failing to do so, the right of priority is lost. However, a remedy is provided wherein the international application can be filed within two months from the date on which the 12-month priority period expires. The priority claim in this special case will not be considered void for the purposes of the international phase, and all time limits during the international phase will still be calculated from the earliest priority date, even where no action is taken to restore the right of priority (see PCT Rule 26bis.2(c)(iii)).