What is the procedure for submitting a priority document in an international application?

The procedure for submitting a priority document in an international application is outlined in PCT Rule 17. According to the MPEP:

Where the priority of an earlier national or international application is claimed under Article 8, a copy of that earlier application, certified by the authority with which it was filed (‘the priority document’), shall… be submitted by the applicant to the International Bureau or to the receiving Office not later than 16 months after the priority date.

The applicant has three options:

1. Submit the priority document directly to the International Bureau or the receiving Office.
2. Request the receiving Office to prepare and transmit the priority document to the International Bureau (if the priority document is issued by the receiving Office).
3. Request the International Bureau to retrieve the priority document from a digital library in accordance with the Administrative Instructions.

It’s important to note that failure to comply with these requirements may result in the designated Office disregarding the priority claim, subject to certain conditions specified in PCT Rule 17.

To learn more:

• priority document
• international application
• PCT
• submission procedure