When might the USPTO require earlier filing of priority claims and certified copies?

The USPTO may require earlier filing of priority claims and certified copies in certain situations. According to 37 CFR 1.55(g)(2), these situations include:

  • When the application is involved in an interference or derivation proceeding
  • When necessary to overcome the date of a reference relied upon by the examiner
  • When deemed necessary by the examiner

The MPEP explains that these requirements allow the USPTO to address priority issues promptly when they are relevant to ongoing proceedings or examination.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: USPTO requirements