If a patent or trademark applicant fails to submit a priority document within the statutory time period due to circumstances not attributable to the applicant, they may request reinstatement in accordance with Paragraph 2 of Article 17 of the Patent Act and Rule 12 of Enforcement Rules of the Patent Act, or Paragraph 2 of Article 8 of the Trademark Act and Rule 9 of the Enforcement Rules of the Trademark Act, by providing supporting documentation.
Acceptable supporting documents may include
official correspondence issued by USPTO or
emails sent from an official USPTO email address to the applicant. These documents must specify the reason for the delay (e.g., staffing shortages or other causes) and include the application number (or order number) of the priority document.
TIPO will evaluate each case on its individual merits to determine whether reinstatement may be granted.
(This is a summarized and translated version of a news release published on the TIPO website.)