This page consolidates MPEP guidance interpreting 37 CFR § 1.55, including 489 rules 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.

Summary

37 CFR 1.55 governs the process by which patent applicants can claim priority from a previously filed foreign patent application, establishing an earlier effective filing date for their invention.

What this section covers

• The legal framework for establishing priority rights from foreign patent applications under federal regulations.
• Procedural mechanisms for transferring priority rights between international patent applications.

Key obligations

• Submit foreign priority claims within strict regulatory timeframes to preserve patent rights.
• Provide certified copies of the original foreign application to substantiate the priority claim.
• Adhere to specific documentation requirements for establishing a valid foreign priority claim.

Conditions and exceptions

• Navigate the differences in priority claim rules between pre-AIA and post-AIA patent filing regulations.

Practice notes

• Maintain meticulous records and timelines to prevent potential loss of foreign priority rights.
• Thoroughly review and validate foreign priority documentation before submission.