How is the priority claim handled in a U.S. national stage application?
The handling of priority claims in U.S. national stage applications involves specific procedures and requirements. The MPEP states, “To obtain priority in the U.S. national stage application to such applications, the priority must have been timely claimed in the international stage of the international application.” Priority claims are based on 35 U.S.C. 365(b) and must comply with the conditions and requirements of 35 U.S.C. 119(a) and the PCT regulations. If a priority claim was not timely made in the international stage, it may still be possible to make the claim in the U.S. national stage application upon petition under 37 CFR 1.55(e), provided the delay was unintentional. Additionally, for international applications filed on or after April 1, 2007, it may be possible to restore the right of priority for applications filed more than 12 months after the priority date, subject to certain conditions.
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