u/Consistent_Book_5881

▲ 1 r/Patents+1 crossposts

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:

  1. 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?
  2. 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?
  3. 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?
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u/Consistent_Book_5881 — 6 days ago