When is a priority showing required in patent applications?
A priority showing is required in the following circumstances:
- When complying with 37 CFR 41.202(a)(2) to suggest an interference
- To overcome a rejection based on pre-AIA 35 U.S.C. 102(a) or 102(e) when an affidavit is not permitted under 37 CFR 1.131(a)(1)
- When the examiner requires it due to the application’s earliest constructive reduction-to-practice being later than that of a patent or published application
The MPEP states: “If no showing has been filed, and the application’s earliest constructive reduction-to-practice is later than the earliest constructive reduction-to-practice of a patent or published application, then the examiner must require a showing of priority.”
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2305 - Requiring A Priority Showing,
Patent Law,
Patent Procedure