What are the requirements for claiming priority to a foreign application?

What are the requirements for claiming priority to a foreign application?

To claim priority to a foreign application, several requirements must be met:

• The U.S. application must be filed within 12 months of the foreign application (or 6 months for design patents).
• The foreign application must be from a country that grants similar privileges to U.S. applicants (Paris Convention member or WTO member).
• The applicant must file a claim for priority and a certified copy of the foreign application.
• As stated in MPEP 213: “The claim for priority and the certified copy of the foreign application specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be filed before the patent is granted.”

It’s important to note that the subject matter claimed in the U.S. application must be adequately supported by the foreign application to receive the benefit of the earlier filing date.

To learn more:

• Foreign priority
• Paris Convention
• WTO
• Certified copy
• Priority claim