I have filed a US provisional patent application last year. I filed a US non-provisional and PCT applications within the 12 month limit of the provisional and claimed the provisional as priority. The 12 months limit on claiming the provisional as priority has now passed.
I won't have the filing fees for the PCT in the set time limits. It looks like my only option is to withdraw the PCT application, and refile the PCT soon after withdrawing... Is there any extension that may allow me to still claim the priority of the provisional claimed in the original PCT filing?
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Has any application published? It seems to be possible to abandon all applications and have them not published which would allow you to refile a PCT or a US + EP or whatever you like (with new filing date). (For PCT: wipo.int/pct/en/newslett/practical_advice/pa_112012.html) - I think the same goes for US non.-prov but I'm not sure so this needs confirmation if it is an option.– user18033Mar 23, 2018 at 15:33
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DonQuiKong I withdrew the application voluntarily myself. Do I have any options for refiling the original or some other form, such as a divisional application?– Paul PageJun 24, 2022 at 22:40
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1 Answer
Unfortunately, you won't be able to file a new application and still claim priority to the provisional application now that the 12 month priority period has lapsed.
However, it is worth noting that there are methods to pay the PCT filing fees late and keep the current PCT application pending (with priority intact). Filing fees are due within 1 month of the filing date, but if this deadline is missed then you will be sent an invitation to pay the fees + 50% with a 1 month time limit. If you miss this time limit, it is still possible to pay the fees and keep the application pending provided that the receiving office receives the fees before it declares the application to be withdrawn. See point 5.193 here: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html
