How does the USPTO calculate the 12-month priority period for nonprovisional applications?

The USPTO calculates the 12-month priority period for nonprovisional applications as follows:

• Start date: The period begins on the filing date of the earliest foreign application for which priority is claimed.
• End date: The period ends 12 months later, on the same date of the following year.
• Holiday/weekend adjustment: If the 12-month period ends on a Saturday, Sunday, or federal holiday, it extends to the next business day.

According to MPEP 213.03: “The 12-month priority period ends on the anniversary date of the earliest foreign application. If the anniversary date falls on a Saturday, Sunday, or federal holiday, the 12-month period ends on the next succeeding business day.”

It’s crucial to accurately calculate this period to ensure timely filing of your nonprovisional application and maintain your priority claim.

To learn more:

• priority period calculation
• 12-month period
• anniversary date
• holiday adjustment