Can provisions for unintentional abandonment under PLTIA be used to restore priority and regain pre-AIA status?

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The correct answer highlights that provisions for unintentional abandonment under the Patent Law Treaties Implementation Act (PLTIA) can restore priority and regain pre-America Invents Act (AIA) status for nonprovisional applications filed after March 16, 2013.

This is significant because the AIA introduced a first-inventor-to-file system which applies to applications filed on or after that date, altering the way priority and patent rights are determined. The PLTIA provides a mechanism to revive applications that may have been unintentionally abandoned, thereby allowing applicants to restore their rights even after the change in legislation.

This revival applies specifically to applications that adhere to the new standards set by the AIA and allows for the maintenance of certain benefits under previous laws. Therefore, if a nonprovisional application is filed after March 16, 2013, and is subsequently abandoned unintentionally, provisions under the PLTIA can indeed be applied to restore its standing as if it were adhering to pre-AIA guidelines.

The other options do not reflect the provisions accurately in relation to the specific rules concerning restoration of priority and pre-AIA status as they either restrict the applications too narrowly or incorrectly state that restoration is not possible under any circumstances.

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