How do I file a foreign priority claim for an international application entering the national stage in the U.S.?

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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. For international applications entering the national stage in the United States under 35 U.S.C. 371 , the process for filing a foreign priority claim is different from regular U.S. applications. According to MPEP 214.01 : “The claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT in an international application entering the national stage under 35 U.S.C. 371, except as provided in paragraph (e) of this section.” This means that you need to follow the time limits specified in the Patent Cooperation Treaty (PCT) and its regulations when filing a priority claim for an international application entering the U.S. national stage. For more detailed information on the timing and procedure for claiming priority in national stage applications, you should refer to MPEP § 213.06 , which specifically deals with this topic. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim for Priority Must Be Made During Pendency MPEP 214.01 Required Time Limit for Filing Priority Claim Must Be Met MPEP 213 Required Claim for Priority Must Be Filed Before Patent Grant MPEP 213 Required Claim for Foreign Priority Must Be Filed Before Patent Grant MPEP 214 Claim for Priority Must Be on Application Data Sheet MPEP 214.01 Claim for Priority Must Identify Foreign Application MPEP 214.01 Required Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted Claim for Foreign Priority Must Be Timely Filed MPEP 214.01 Claim for Foreign Priority Must Be Filed Within Twelve Months MPEP 214 Claim for Priority Must Be Presented During Pendency MPEP 213 Required Other Related FAQs 5 FAQs Collapse What is the dead...