What happens if I fail to file a priority claim within the time period set in 37 CFR 1.55?
What happens if I fail to file a priority claim within the time period set in 37 CFR 1.55?
If you fail to file a priority claim within the time period set in 37 CFR 1.55, your priority claim will be considered waived. The MPEP states: ‘If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.’ This means that if you miss the deadline, you may lose the benefit of the earlier filing date, which could potentially affect the patentability of your invention if intervening prior art exists.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure