What are the priority claim requirements for a national application under 35 U.S.C. 111(a) versus a national stage application under 35 U.S.C. 371?
The priority claim requirements differ as follows:
- For a national application under 35 U.S.C. 111(a): The claim for priority must be filed within the later of four months from the actual filing date or sixteen months from the prior foreign application filing date, as per 37 CFR 1.55(d).
- For a national stage application under 35 U.S.C. 371: The priority claim must be made during the international stage within the time limit set by the PCT and its Regulations.
MPEP 1896 states: “In a U.S. national stage application submission under 35 U.S.C. 371, where applicant filed an international application claiming priority to an earlier filed national application, the claim for priority must be made and the certified copy of the priority application must be furnished during the international stage within the time limit set forth in the PCT and Regulations under the PCT.”
To learn more: