Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority (2)
If you file a U.S. patent application more than 12 months after your foreign filing, your claim for priority based on that foreign application may be denied. The MPEP states:
The claim for priority cannot be based on said application, because the subsequent nonprovisional or international application designating the United States was filed more than twelve months thereafter and no petition under 37 CFR 1.55 or request under PCT Rule 26bis.3 to restore the right of priority has been granted.
However, you may still have options to restore your priority claim under certain circumstances.
For more information on 12-month rule, visit: 12-month rule.
For more information on foreign priority, visit: foreign priority.
If a foreign application was filed more than 12 months before the U.S. application and priority has not been restored, the examiner will use form paragraph 2.23 to notify the applicant that the claim for priority cannot be based on that application.
As stated in the MPEP: Where the earlier foreign application was filed more than 12 months prior to the U.S. application and priority has not been restored under PCT Rule 26bis.3 for an international application or upon a granted petition under 37 CFR 1.55(c), use form paragraph 2.23.
In such cases, the applicant may file a petition under 37 CFR 1.55(c) to restore the right of priority if:
- The subsequent application was filed within two months from the expiration of the twelve-month period
- The delay was unintentional
The petition must include specific elements, such as the priority claim, petition fee, and a statement about the unintentional delay.
To learn more:
MPEP 214-Formal Requirements of Claim for Foreign Priority (1)
If you file a U.S. patent application more than 12 months after your foreign filing, your claim for priority based on that foreign application may be denied. The MPEP states:
The claim for priority cannot be based on said application, because the subsequent nonprovisional or international application designating the United States was filed more than twelve months thereafter and no petition under 37 CFR 1.55 or request under PCT Rule 26bis.3 to restore the right of priority has been granted.
However, you may still have options to restore your priority claim under certain circumstances.
For more information on 12-month rule, visit: 12-month rule.
For more information on foreign priority, visit: foreign priority.
Patent Law (2)
If you file a U.S. patent application more than 12 months after your foreign filing, your claim for priority based on that foreign application may be denied. The MPEP states:
The claim for priority cannot be based on said application, because the subsequent nonprovisional or international application designating the United States was filed more than twelve months thereafter and no petition under 37 CFR 1.55 or request under PCT Rule 26bis.3 to restore the right of priority has been granted.
However, you may still have options to restore your priority claim under certain circumstances.
For more information on 12-month rule, visit: 12-month rule.
For more information on foreign priority, visit: foreign priority.
If a foreign application was filed more than 12 months before the U.S. application and priority has not been restored, the examiner will use form paragraph 2.23 to notify the applicant that the claim for priority cannot be based on that application.
As stated in the MPEP: Where the earlier foreign application was filed more than 12 months prior to the U.S. application and priority has not been restored under PCT Rule 26bis.3 for an international application or upon a granted petition under 37 CFR 1.55(c), use form paragraph 2.23.
In such cases, the applicant may file a petition under 37 CFR 1.55(c) to restore the right of priority if:
- The subsequent application was filed within two months from the expiration of the twelve-month period
- The delay was unintentional
The petition must include specific elements, such as the priority claim, petition fee, and a statement about the unintentional delay.
To learn more:
Patent Procedure (2)
If you file a U.S. patent application more than 12 months after your foreign filing, your claim for priority based on that foreign application may be denied. The MPEP states:
The claim for priority cannot be based on said application, because the subsequent nonprovisional or international application designating the United States was filed more than twelve months thereafter and no petition under 37 CFR 1.55 or request under PCT Rule 26bis.3 to restore the right of priority has been granted.
However, you may still have options to restore your priority claim under certain circumstances.
For more information on 12-month rule, visit: 12-month rule.
For more information on foreign priority, visit: foreign priority.
If a foreign application was filed more than 12 months before the U.S. application and priority has not been restored, the examiner will use form paragraph 2.23 to notify the applicant that the claim for priority cannot be based on that application.
As stated in the MPEP: Where the earlier foreign application was filed more than 12 months prior to the U.S. application and priority has not been restored under PCT Rule 26bis.3 for an international application or upon a granted petition under 37 CFR 1.55(c), use form paragraph 2.23.
In such cases, the applicant may file a petition under 37 CFR 1.55(c) to restore the right of priority if:
- The subsequent application was filed within two months from the expiration of the twelve-month period
- The delay was unintentional
The petition must include specific elements, such as the priority claim, petition fee, and a statement about the unintentional delay.
To learn more: