What happens if I fail to file a priority claim during the pendency of my 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. If you fail to file a priority claim during the pendency of your application, you may lose the right to claim priority. According to MPEP 213.04 : If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, it must also be accompanied by the processing fee set forth in 37 CFR 1.17(i). This means that if you miss the deadline to file your priority claim before the issue fee is paid, you’ll need to pay an additional processing fee. Moreover, if the application has already been patented, you cannot file a priority claim retroactively. It’s crucial to file your priority claim as early as possible during the pendency of your application to avoid potential complications or additional fees. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim for Priority and Certified Copy Required MPEP 213 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Claim for Priority Must Be Filed Before Patent Grant MPEP 213 Required Priority Claim Must Be Filed Before Issue Fee MPEP 213 Required Certified Copy of Foreign Application Must Be Filed During National Stage Entry MPEP 213 Required Priority Claim and Certified Copy Due for Design Application MPEP 213 Priority Claim and Certified Copy Must Be Filed During Application Pendency MPEP 213.04 Required Priority Claim and Certified Copy Must Be Filed During Pendency of Application MPEP 213.04 Required Time Period for Priority Claim Not Extendable MPEP 213 Required Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted Other Related FAQs 5 FAQs Collapse What is the significance of the &#8216;ti...