PCT restoration Petition at WIPO
I would really appreciate guidance on the Below at the earliest
Our patent application was originally filed in India with a provisional specification, and before filing the complete specification, the application was officially post-dated by 6 months by the Indian Patent Office. The complete specification was then filed based on the post-dated timeline.
Subsequently, we due to unavoidable circumstances we missed the 12-month PCT priority deadline (shifted deadline) calculated from the relevant priority date. We have now filed a petition with the International Bureau (WIPO, Geneva) requesting restoration/consideration of our right to file a PCT application, approximately one month after the PCT deadline.
Our questions are:
- If the International Bureau accepts our request and allows the PCT application to proceed, does this effectively restore our PCT timeline for all designated States?
- Or, even after restoration by the International Bureau/Receiving Office, is protection still subject to each individual designated country's decision on whether it recognizes the restoration of the priority right?
- Does the fact that the Indian application had been post-dated by 6 months before filing the complete specification have any bearing on the PCT restoration process or on how designated States may assess the restoration request?
u/Consistent_Book_5881 — 6 days ago