What are the requirements for submitting a priority document in a PCT application?

The requirements for submitting a priority document in a PCT application are as follows:

• The applicant must submit a certified copy of the earlier application whose priority is claimed (the priority document) to the International Bureau or the receiving Office.
• The priority document must be submitted within 16 months from the priority date.
• If the priority document is issued by the receiving Office, the applicant may request that Office to transmit the priority document to the International Bureau.
• The priority document may be in electronic form if accepted by the receiving Office or the International Bureau.

MPEP 1828 states: “If the priority document is not submitted within 16 months from the priority date, any designated Office may disregard the priority claim. However, no designated Office may disregard the priority claim before giving the applicant an opportunity to furnish the priority document within a time limit which shall be reasonable under the circumstances.”

It’s important to note that some Offices participate in the WIPO Digital Access Service (DAS), which allows for electronic exchange of priority documents, potentially simplifying the submission process.

To learn more:

• PCT application
• priority document
• certified copy
• WIPO Digital Access Service