How should the foreign priority application number be formatted in an ADS?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

When entering the foreign priority application number in an Application Data Sheet (ADS), it’s crucial to follow the proper format to ensure accurate identification. The MPEP states:

“The foreign application number should be identified in an application data sheet (ADS), rather than in a separate paper.” (MPEP 214.04)

The ADS should include:

  • The correct application number
  • The country or intellectual property authority where the application was filed
  • The filing date of the priority application

It’s important to use the exact format as it appears on the foreign priority document to avoid any discrepancies or potential issues with the priority claim.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case