Patent Law FAQ

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”