How do I claim foreign priority 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. To claim foreign priority in a U.S. patent application, you must: 1. File the U.S. application within 12 months (6 months for design applications) of the foreign filing date. 2. Submit a claim for priority identifying the foreign application. 3. File a certified copy of the foreign application. For applications filed on or after September 16, 2012, 37 CFR 1.55(d)(1) requires that the claim for priority be presented in an application data sheet. The claim must identify the foreign application by specifying the application number, country (or intellectual property authority), day, month, and year of its filing. A certified copy of the foreign application must also be filed within a specified time period, usually within the later of 4 months from the actual U.S. filing date or 16 months from the foreign filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Certified Copy of Foreign Application Must Be Filed Within Time Limits MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Four Months of National Stage Commencement or Sixteen Months from Prior Filing Date MPEP 213 Required Priority Claim and Certified Copy Due for Design Application MPEP 213 Certified Copy of Foreign Application Must Be Filed During National Stage Entry MPEP 213 Required Priority Claim Must Be Presented on Application Data Sheet MPEP 213 Required Claim for Priority Must Be Presented During Pendency MPEP 213 Required Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted Claim for Priority and Certified Copy Required MPEP 213 Required Certified Copy of Foreign Application Required for PCT National Stage MPEP 213 Required Tr...