PCT Article 8 — – Claiming Priority (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Article 8, including 62 rules 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.

Summary

This section addresses the requirement for an applicant to claim priority of one or more earlier applications and provides guidance on the specific filing information needed, including compliance with PCT Article 8 and Rule 4.10.

What this section covers

The – Claiming Priority section addresses the requirement for an applicant to claim priority of one or more earlier applications.

Key obligations

Applicants must include filing information for each earlier application claimed as priority on the Request at the time of filing.
Compliance with PCT Article 8 and Rule 4.10 for priority claim particulars is required.
Adherence to PCT Rule 90bis.3 for the withdrawal of priority claims is also necessary.

Practice notes

Ensure all required filing information is accurately and completely provided on the Request to avoid rejection of the priority claim.
Missing or incorrect filing information may result in a rejection of the priority claim, so careful attention is required.

Time Limits Measured from Priority DateMPEP 1842
Priority Date for Time Limits Under PCTMPEP 1842
Request for Certified Copy of Prior ApplicationMPEP 213.06Permitted
Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06
Invitation to Correct International Design ApplicationMPEP 2901Required
Response to Invitation Required for DesignationMPEP 2901Permitted
Communications to International Bureau After Transmittal Not Forwarded by USPTOMPEP 2905.01
Reply Must Be Direct to International BureauMPEP 2905.01Required
Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06Prohibited
Check Certified Copy Received from International BureauMPEP 213.06
PCT Filing Within 12 Months for Priority ClaimMPEP 1842Permitted
Fee for Preparing Certified Copy RequiredMPEP 213.06
Correspondence Should Be Sent Directly to International BureauMPEP 2905.01Recommended
Industrial Design Must Be Registered Upon ReceiptMPEP 2907Required
International Design Registration Immediately Upon ReceiptMPEP 2907Required
International Filing Date as Priority DateMPEP 1842
Elements for Acceding International Filing DateMPEP 1842Required
Priority Claim Can Be Withdrawn Before 30 MonthsMPEP 1859Permitted
International Application Abandoned if Irregularity Not RemediedMPEP 2906Required

U.S. National Stage Application Priority Claim Based on Foreign or PCT ApplicationsMPEP 1893.03(c)Required
Priority Must Be Timely Claimed in International StageMPEP 1893.03(c)Required
Priority Claim Must Comply With Treaty and PCT RegulationsMPEP 213.06Required
Priority Document Required for Foreign National ApplicationsMPEP 213.06Required
Invitation to Correct International Design ApplicationMPEP 2901Required
Reply Must Be Direct to International BureauMPEP 2905.01Required
Reply Must Be Filed Directly With International BureauMPEP 2905.01Required
Required Corrections for Design ApplicationMPEP 2906Required
Timely Submission of Missing Element Determines Filing DateMPEP 2906Required
Timely Remediation of Defects Required for Design ApplicationMPEP 2906Required
Notification of Deficiencies for International Design ApplicationsMPEP 2907Required
Claim Required for Design ApplicationsMPEP 2909Required
Requirement for Creator's Oath or Declaration in International Design ApplicationMPEP 2909Required
Payment Amount May Differ When Converted to Swiss CurrencyMPEP 2910Required
Authorization for International Fee Debit RequiredMPEP 2910Required
Priority Claim Must Include Filing InfoMPEP 1828Required
Industrial Design Must Be Registered Upon ReceiptMPEP 2907Required
International Design Registration Immediately Upon ReceiptMPEP 2907Required
Applicants May Pay International Fees Directly to the International BureauMPEP 2910Required
Payment Requirement for Additional FeesMPEP 2910Required
Elements for Acceding International Filing DateMPEP 1842Required
International Application Abandoned if Irregularity Not RemediedMPEP 2906Required

Priority Claim Must Be Timely MadeMPEP 1893.03(c)
Unintentional Delay for Priority ClaimMPEP 1893.03(c)Permitted
Requirement for Priority Claim and Document SubmissionMPEP 213.06
Certified Copy of Foreign Priority Document Required for National StageMPEP 213.06
Certified Copy of Priority Document Required During National StageMPEP 213.06
Submission After Transmission to International Bureau Not ForwardedMPEP 2905.01
Design Application Missing Contracting Party DesignationMPEP 2906
Oath or Declaration Required for Contracting Party DesignationMPEP 2907
Claim Is Required for Design ApplicationsMPEP 2909
Claim Requirement for Design ApplicationsMPEP 2909
Claim Required for US Design ApplicationMPEP 2909
Claim Requirement for US Design ApplicationsMPEP 2909
Requirement for Inventor’s Declaration in International Design ApplicationMPEP 2909
Inventor Identification Before International RegistrationMPEP 2909
Inventor’s Oath or Declaration Required for U.S. DesignationMPEP 2909
Inventor’s Oath or Declaration Required for U.S. DesignationMPEP 2909
Declaration of Inventorship Required for U.S. Design ApplicationsMPEP 2909
International Fees Can Be Paid Through USPTOMPEP 2910Permitted
Defects in Design Application Must Be RemediedMPEP 2907
Deficiency Notification for Design ApplicationsMPEP 2907
Claim Required for International Design Application Designating USMPEP 2909
Inventor’s Oath or Declaration Required for International Design ApplicationMPEP 2909
Priority Claim Must Include Filing InformationMPEP 1828
Priority Claim from WTO Member StateMPEP 1828Permitted
Timely Provision of Missing Design Elements Required for Filing DateMPEP 2906
USPTO Payment May Require Additional Swiss CurrencyMPEP 2910Permitted
Payment of International Fees Through USPTOMPEP 2910

MPEP Section	Rules
MPEP § 1828	Priority Claim Must Include Filing InfoMPEP 1828Required Priority Claim Must Include Filing InformationMPEP 1828 Priority Claim from WTO Member StateMPEP 1828Permitted
MPEP § 1842	Time Limits Measured from Priority DateMPEP 1842 Priority Date for Time Limits Under PCTMPEP 1842 PCT Filing Within 12 Months for Priority ClaimMPEP 1842Permitted International Filing Date as Priority DateMPEP 1842 Elements for Acceding International Filing DateMPEP 1842Required
MPEP § 1859	Priority Claim Can Be Withdrawn Before 30 MonthsMPEP 1859Permitted
MPEP § 1893.03(c)	U.S. National Stage Application Priority Claim Based on Foreign or PCT ApplicationsMPEP 1893.03(c)Required Priority Claim Must Be Timely MadeMPEP 1893.03(c) Priority Must Be Timely Claimed in International StageMPEP 1893.03(c)Required Unintentional Delay for Priority ClaimMPEP 1893.03(c)Permitted
MPEP § 213.06	Request for Certified Copy of Prior ApplicationMPEP 213.06Permitted Priority Claim Must Comply With Treaty and PCT RegulationsMPEP 213.06Required Requirement for Priority Claim and Document SubmissionMPEP 213.06 Priority Document Required for Foreign National ApplicationsMPEP 213.06Required Certified Copy of Foreign Priority Document Required for National StageMPEP 213.06 Certified Copy of Priority Document Required During National StageMPEP 213.06 Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06 Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06Prohibited Check Certified Copy Received from International BureauMPEP 213.06 Fee for Preparing Certified Copy RequiredMPEP 213.06
MPEP § 2901	Invitation to Correct International Design ApplicationMPEP 2901Required Response to Invitation Required for DesignationMPEP 2901Permitted
MPEP § 2905.01	Communications to International Bureau After Transmittal Not Forwarded by USPTOMPEP 2905.01 Reply Must Be Direct to International BureauMPEP 2905.01Required Submission After Transmission to International Bureau Not ForwardedMPEP 2905.01 Reply Must Be Filed Directly With International BureauMPEP 2905.01Required Correspondence Should Be Sent Directly to International BureauMPEP 2905.01Recommended
MPEP § 2906	Required Corrections for Design ApplicationMPEP 2906Required Timely Submission of Missing Element Determines Filing DateMPEP 2906Required Timely Remediation of Defects Required for Design ApplicationMPEP 2906Required Design Application Missing Contracting Party DesignationMPEP 2906 Timely Provision of Missing Design Elements Required for Filing DateMPEP 2906 International Application Abandoned if Irregularity Not RemediedMPEP 2906Required
MPEP § 2907	Notification of Deficiencies for International Design ApplicationsMPEP 2907Required Oath or Declaration Required for Contracting Party DesignationMPEP 2907 Defects in Design Application Must Be RemediedMPEP 2907 Deficiency Notification for Design ApplicationsMPEP 2907 Industrial Design Must Be Registered Upon ReceiptMPEP 2907Required International Design Registration Immediately Upon ReceiptMPEP 2907Required
MPEP § 2909	Claim Is Required for Design ApplicationsMPEP 2909 Claim Required for Design ApplicationsMPEP 2909Required Claim Requirement for Design ApplicationsMPEP 2909 Claim Required for US Design ApplicationMPEP 2909 Claim Requirement for US Design ApplicationsMPEP 2909 Requirement for Creator's Oath or Declaration in International Design ApplicationMPEP 2909Required Requirement for Inventor’s Declaration in International Design ApplicationMPEP 2909 Inventor Identification Before International RegistrationMPEP 2909 Inventor’s Oath or Declaration Required for U.S. DesignationMPEP 2909 Inventor’s Oath or Declaration Required for U.S. DesignationMPEP 2909 Declaration of Inventorship Required for U.S. Design ApplicationsMPEP 2909 Claim Required for International Design Application Designating USMPEP 2909 Inventor’s Oath or Declaration Required for International Design ApplicationMPEP 2909
MPEP § 2910	International Fees Can Be Paid Through USPTOMPEP 2910Permitted Payment Amount May Differ When Converted to Swiss CurrencyMPEP 2910Required Authorization for International Fee Debit RequiredMPEP 2910Required Applicants May Pay International Fees Directly to the International BureauMPEP 2910Required USPTO Payment May Require Additional Swiss CurrencyMPEP 2910Permitted Payment Requirement for Additional FeesMPEP 2910Required Payment of International Fees Through USPTOMPEP 2910

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

PCT Article 8 — – Claiming Priority (MPEP Coverage Index) – BlueIron IP

PCT Article 8 – Claiming Priority

Summary

Official MPEP § 8 — – Claiming Priority

Article 8 – Claiming Priority

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions