What are the requirements for filing a delayed priority claim?
To file a delayed priority claim, you must submit a petition to accept an unintentionally delayed claim for priority. According to 37 CFR 1.55(e), the petition must include:
- The priority claim in an application data sheet
- A certified copy of the foreign application (unless exceptions apply)
- The petition fee
- A statement that the entire delay was unintentional
The MPEP states: A petition to accept a delayed claim for priority under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) must be accompanied by: (1) The priority claim […]; (2) A certified copy of the foreign application […]; (3) The petition fee […]; and (4) A statement that the entire delay […] was unintentional.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 216 - Entitlement to Priority,
Patent Law,
Patent Procedure