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Featured Act
Delay in the commencement of the Consumer Protection Act
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Featured Case Law
Recognition of a decision on restoration of priority under PCT in South Africa
In terms of the Paris Convention, a patent application may claim priority from a prior filed application in a convention country relating to the same subject matter, provided that the prior filed application in the convention country was lodged not earlier than one year before lodgement of the application claiming priority. In other words, there exists a 12 month period in which to claim priority. Rule 26bis.3 of the regulations of the Patent Cooperation Treaty (PCT) makes provision for the restoration of the right to claim priority if an international application has an international filing date which is later than the date on which the priority period expired but within the period of two months from that date. Upon request of the applicant, the receiving Office shall restore the right of priority if the Office finds that a criterion applied by it (“criterion for restoration”) is satisfied, namely, that the failure to file the international application within the priority period:
(i) occurred in spite of due care required by the circumstances having |
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Featured person
 Featured person
Nicole Smit
Attorney - Trade Mark Practitioner
Associate
Tel: +27 (0) 12 432 6215
Email me
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The firm practises directly in several Southern African countries and through long-established associates in others.
