What is the transition application statement for foreign priority claims?

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.

The transition application statement is a requirement for certain applications that bridge the pre-AIA and AIA periods. Here are the key points:

• It applies to nonprovisional applications filed on or after March 16, 2013, that claim priority to a foreign application filed before March 16, 2013.
• The statement is required if the application contains or contained a claim to an invention with an effective filing date on or after March 16, 2013.
• The applicant must provide this statement within a specified time period.
• International design applications are exempt from this requirement.

As stated in the MPEP: If a nonprovisional application filed on or after March 16, 2013, claims priority to a foreign application filed prior to March 16, 2013, and also contains, or contained at any time, a claim to a claimed invention that has an effective filing date (as defined in 35 U.S.C. 100(i)) on or after March 16, 2013, the applicant must provide a statement to that effect within a specified time period. This requirement helps the USPTO determine which law applies to the application.