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October 28, 2014
Change of criterion applied in respect of requests for restoration of the right of priority in the Russian and Estonian Patent Offices as Receiving Offices.

The Russian Patent Office acting as the Receiving Office for International applications filed in accordance with the Patent Cooperation Treaty has notified the International Bureau that as of October 16, 2014 it is to apply two criteria for restoration of the priority right (Rule 26bis.3 ), namely:
- “due care”;
- “unintentional”.

Said change shall be applicable in respect of International applications filed on October 16, 2014 and thereafter. When considering the requests for restoration of the priority in respect of the International applications filed before October 16, 2014 it is only the “due care” requirement that is applicable.

At the same time the Estonian Patent Office, in its capacity as receiving Office has notified on September 26, 2014 the International Bureau under PCT Rules 26bis.3(i) and 49ter.2(g) that, in respect of requests for the restoration of the right of priority, it now applies the “due care” criterion instead of the “unintentional” criterion.


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