[Pct] consequences of missing the dreaded 4-and-16 date?

[Carl Oppedahl]

On 3/4/2025 2:47 PM, Carl Oppedahl via Pct wrote:
>
> A listserv member asks to post anonymously:
>
>     A PCT filed 2/1/24 was based on a provisional filed 2/1/23. The
>     spec had the correct priority claim but the PCT Request form did
>     not include the priority claim at all.
>
>     I interpret Rule 26/bis/ as being very clear that you have 16
>     months from the priority date to correct a priority claim. I
>     believe that priority cannot be fixed for the PCT.
>
>     Correct or incorrect?
>
Part of the answer is tied to the particular Office or Offices where the 
applicant chooses to enter the national phase.

For example if you were to enter the US national phase, this lapse would 
be fixable by throwing money at it and filing a petition.

Indeed if you were to do a bypass continuation, it would not even be 
necessary to throw money at it.  Present the priority claim promptly 
with the bypass and Bob's your uncle.

But yes there are many Offices around the world in which, if the 
priority claim had not been presented by June 1, 2024, it would be too 
bad so sad.

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