37 CFR 1.465 — Timing of application processing based on the priority date
Ninth Edition, Revision 01.2024
- (a) For the purpose of computing time limits under the Treaty, the priority date shall be defined as in PCT Art. 2(xi) .
- (b) When a claimed priority date is corrected under PCT Rule 26bis.1(a) , or a priority claim is added under PCT Rule 26bis.1(a) , withdrawn under PCT Rule 90bis.3 , or considered not to have been made under PCT Rule 26bis.2 , the priority date for the purposes of computing any non-expired time limits will be the filing date of the earliest remaining priority claim under PCT Article 8 of the international application, or if none, the international filing date.
- (c) When corrections under PCT Art. 11(2) , Art. 14(2) or PCT Rule 20.2(a) (i) or (iii) are timely submitted, and the date of receipt of such corrections falls later than one year from the claimed priority date or dates, the Receiving Office shall proceed under PCT Rule 26bis.2 .
[Paras. (b) and (c) revised, 63 FR 29614, June 1, 1998, effective July 1, 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); para. (b) revised, 72 FR 51559, Sept. 10, 2007, effective Sept. 10, 2007]
Cited authority
- PCT Article 2 Definitions
- PCT Rule 26 bis Correction or Addition of Priority Claim
- PCT Rule 90 Agents and Common Representatives
- PCT Rule 26 Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
- PCT Article 8 Claiming Priority
- PCT Article 11 Filing Date and Effects of the International Application
- PCT Article 14 Certain Defects in the International Application
- PCT Rule 20 International Filing Date