What are the requirements for claiming foreign priority under 37 CFR 1.55?

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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 key requirements for claiming foreign priority under 37 CFR 1.55 include: Filing a claim for priority in the application data sheet (for applications filed on or after September 16, 2012) Filing the application within the required time period Providing a certified copy of the foreign application Providing an English translation if necessary 37 CFR 1.55(d) “contains provisions relating to the time for filing a priority claim in an application filed under 35 U.S.C. 111(a) and in an application entering the national stage under 35 U.S.C. 371” (MPEP 210) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Claim for Nonprovisional Application Filed After March 16, 2013 MPEP 210 Application Data Sheet Required for Filing MPEP 210 Priority Claim for International Designs MPEP 210 Permitted Procedural Requirements for Claiming Priority May Vary Based on Filing Date MPEP 210 Permitted Claim for Priority Must Be Identified on Application Data Sheet MPEP 210 Required Claim for Priority Required Under AIA MPEP 210 Claim for Foreign Priority Must Be in ADS MPEP 210 Required Benefit Claim Must Be In Application Data Sheet MPEP 210 Required Claim Foreign Priority or Domestic Benefit for Pre-2013 Filing Date MPEP 210 Provisions for Claiming Benefit of Prior Filed Applications MPEP 210 Permitted Other Related FAQs 5 FAQs Collapse What statement is required for transition applications under 37 CFR 1.55 and 1.78? What is a transition application under the America Invents Act (AIA)? How is the effective filing date determined for claimed inventions? What are the changes to priority and benefit claims under the Patent Law Treaties Implementation Act (PLTIA)? How do the firs...