What is the right of priority in a U.S. national stage application?
A U.S. national stage application may be entitled to a right of priority under 35 U.S.C. 119(a) and 365(b) based on a prior foreign application or international application designating at least one country other than the United States.
As stated in the MPEP, “Pursuant to 35 U.S.C. 365(b) a U.S. national stage application shall be entitled to a right of priority based on a prior foreign application or international application designating at least one country other than the United States in accordance with the conditions and requirements of 35 U.S.C. 119(a) and the treaty and the PCT regulations.”
To claim this priority, it must have been timely claimed in the international stage of the international application. If not timely claimed, a petition under 37 CFR 1.55(e) may be filed if the delay was unintentional.
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