What does an examiner check when reviewing a claim to foreign priority?

When reviewing a claim to foreign priority, the examiner generally checks the following:

• That the papers contain no obvious formal defects
• That the papers correspond in number, date and country to the application identified in the application data sheet
• For original applications filed under 35 U.S.C. 111(a) and international applications entering the national stage under 35 U.S.C. 371, that the claim for foreign priority is timely

The MPEP states: “When the claim to priority and the certified copy of the foreign application are received while the application is pending before the examiner, the examiner generally makes no examination of the papers except to see that they contain no obvious formal defects and correspond in number, date and country to the application identified in the application data sheet for an application filed on or after September 16, 2012, or oath or declaration or application data sheet for an application filed prior to September 16, 2012.” (MPEP 216)