What are the time limits for perfecting a foreign priority claim in a patent?

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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 time limits for perfecting a foreign priority claim in a patent are as follows: The priority claim must be made within 16 months from the filing date of the prior foreign application or 4 months from the actual filing date of the U.S. application, whichever is later. A certified copy of the foreign application must be filed within the same time period, unless previously submitted in a parent application. According to MPEP 216.01 : “The patent owner’s failure to make a timely priority claim and file the certified copy prior to issuance of the patent cannot be cured by filing a reissue application.” This emphasizes the importance of meeting these deadlines during the initial patent application process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Perfecting Foreign Priority Claim After Patent Issuance MPEP 216.01 Permitted Priority Claim and Certified Copy Must Be Filed During Pendency MPEP 216.01 Required Priority Claim and Certified Copy Allowed After Patent Issuance MPEP 216.01 Required Requirement for Certified Copy of Foreign Application MPEP 216.01 Permitted Cure Foreign Priority Claim After Issuance Via Certificate of Correction or Reissue Application MPEP 216.01 Permitted Timely Priority Claim Required for Original Applications MPEP 216 Recommended Claim to Foreign Priority After Patent Issuance MPEP 216.01 Examiner Reviews Priority Claim and Foreign Application Copy MPEP 216 Claim to Foreign Priority in Continuing Application Constitutes Affirmation of Prior Expression for Subject Matter Commonality MPEP 216.01 Claim to Foreign Priority Benefits Through Reissue MPEP 216.01 Permitted Other Related FAQs 5 FAQs Collapse What is the tim...