What is the deadline for filing a foreign priority claim in a U.S. patent 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. The deadline for filing a foreign priority claim in a U.S. patent application depends on the type of application: For applications filed under 35 U.S.C. 111(a) , the claim must be filed within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior foreign application For international applications entering the national stage under 35 U.S.C. 371 , the claim must be made within the time limit set by the PCT and its Regulations For design patent applications, the claim can be made at any time during the pendency of the application As stated in MPEP 214.01 : “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Claim Must Be Filed Within Later of Four Months or Sixteen Months MPEP 214.01 Time Period for Filing Priority Claim MPEP 214.01 Priority Claim Time Periods Do Not Apply to Design Apps MPEP 214.01 Priority Claim at Any Time During Design Application Pendency MPEP 214.01 Permitted Priority Claim Must Be Filed During Pendency as Directed by Director MPEP 214.01 Required Claim for Foreign Priority Must Be Filed Within Twelve Months MPEP 214 Priority Claim Must Be Filed Before Patent Grant MPEP 214 Required Priority Claim Must Comply With Formal Requirements MPEP 214 Required Claim for Foreign Priority Must Be Filed Before Patent Grant MPEP 214 Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted Other Related FAQs 5 FAQs Collapse How do I file a foreign priority claim for an international application entering the national stage in the U.S.? How do I properly identif...