What happens if I fail to make a timely priority claim or submit a certified copy?

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.

If you fail to make a timely priority claim or submit a certified copy of the foreign application within the required time period, the following may occur:

• The right of priority may be considered waived
• The effective filing date of your application may be the actual U.S. filing date, not the foreign filing date
• Intervening prior art may be applicable against your application

However, 37 CFR 1.55(e) provides for acceptance of a delayed priority claim if:

• The claim is filed within the pendency of the application
• A petition is filed with the delayed claim
• The delay was unintentional
• The required petition fee is paid

Similarly, 37 CFR 1.55(f) allows for late submission of a certified copy with a petition showing good and sufficient cause for the delay and payment of a fee. It’s always best to make priority claims and submit certified copies timely to avoid potential issues.