What happens if a foreign priority claim is submitted after the time period set in 37 CFR 1.55?

If a foreign priority claim in an original application filed under 35 U.S.C. 111(a) (other than a design application) is submitted after the time period set in 37 CFR 1.55 and without a petition under 37 CFR 1.55, the examiner may notify the applicant that the foreign priority claim will not be entered.

As stated in the MPEP: If the foreign priority claim in an original application filed under 35 U.S.C. 111(a) (other than a design application) is submitted after the time period set in 37 CFR 1.55 and without a petition under 37 CFR 1.55, the examiner may use form paragraph 2.21.01 to notify applicant that the foreign priority claim will not be entered.

In such cases, the applicant must file a petition for an unintentionally delayed priority claim under 37 CFR 1.55(e) to have the priority claim considered.

To learn more:

• foreign priority
• untimely claim
• patent application
• USPTO procedure