How do I properly identify a foreign application when claiming priority?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 properly identify a foreign application when claiming priority, you must provide the following information:

  • Application number
  • Country or intellectual property authority
  • Day, month, and year of filing

As stated in MPEP 214.01: “The claim for priority must be presented in an application data sheet (§ 1.76(b)(6)) and must identify the foreign application to which priority is claimed by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.”

For applications filed under 35 U.S.C. 111(a) on or after September 16, 2012, this information must be provided in an application data sheet. For earlier applications, it may be included in the oath or declaration if not provided in an application data sheet.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case