(A) Get the authorization from the company and file the U.S. application claiming the benefit of the French application.
(B) Get the authorization from the company and file the U.S. application claiming the benefit of the French application, along with a petition under 37 CFR 1.55(c).
(C) No benefit for priority of the French application is possible since the delay was intentional.
(D) The company may file their application in the U.S. with no benefit claim.
(E) Both (C) and (D) correct.
See MPEP 213.03, subsection III, first and second paragraphs:
“Effective December 18, 2013, title II of the Patent Law Treaties Implementation Act (PLTIA) provides for restoration of the right of priority under 35 U.S.C. 119(a) through (d) and (f), 172, and 365(a) or (b). As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.
“A petition under 37 CFR 1.55(c) requires:
“(A) the priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or (b) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted in an application data sheet);
“(B) the petition fee as set forth in 37 CFR 1.17(m); and
“(C) a statement that the delay in filing the subsequent application within the twelve-month period (or six-month period in the case of a design application) set forth in 37 CFR 1.55(b) was unintentional.”
Questions prepared by David E. Meeks, Esq., Institute for Patent Studies, Inc. All rights reserved.