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

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 requirements for claiming priority to a foreign application under 37 CFR 1.55 include:

• A claim for priority identifying the foreign application
• For applications filed on or after September 16, 2012, the claim for priority must be in the application data sheet (ADS)
• For applications filed before September 16, 2012, the claim for priority must be in the ADS or in the oath or declaration
• Filing a certified copy of the foreign application within specified time periods
• Meeting other requirements such as translations for non-English language applications

The MPEP states: “Whether an application was filed before, on, or after March 16, 2013, 35 U.S.C. 119(b)(1) requires a claim for priority identifying the foreign application. … Thus for all applications filed on or after September 16, 2012, a claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or (b) to the prior application must be presented in the application data sheet.”