What are the requirements for claiming priority to a foreign application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To claim priority to a foreign application, several requirements must be met: The U.S. application must be filed within 12 months of the foreign application (or 6 months for design patents). The foreign application must be from a country that grants similar privileges to U.S. applicants (Paris Convention member or WTO member). The applicant must file a claim for priority and a certified copy of the foreign application. As stated in MPEP 213 : “The claim for priority and the certified copy of the foreign application specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be filed before the patent is granted.” It’s important to note that the subject matter claimed in the U.S. application must be adequately supported by the foreign application to receive the benefit of the earlier filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirements for Claiming Priority to Foreign Application MPEP 213 Required Claim for Priority and Certified Copy Required MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Time Limits MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Four Months of National Stage Commencement or Sixteen Months from Prior Filing Date MPEP 213 Required Claim for Priority Must Be Filed Before Patent Grant MPEP 213 Required Priority Claim and Certified Copy Due for Design Application MPEP 213 Certified Copy of Foreign Application Must Be Filed During National Stage Entry MPEP 213 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Time Period for Priority Claim Not Extendable MPEP 213 Required Applicant May Claim Priority to Foreign Applicatio...