How can I file an unintentionally delayed foreign priority claim?

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 file an unintentionally delayed foreign priority claim, you must submit a petition under 37 CFR 1.55(e). The petition must include:

1. The priority claim (if not previously submitted)
2. A certified copy of the foreign application (unless previously submitted or an exception applies)
3. The petition fee set forth in 37 CFR 1.17(m)
4. A statement that the entire delay was unintentional

MPEP 214.02 states: “If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim for priority.”