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 Claims (2)
An examiner considers the merits of a foreign priority claim in the following situations:
- When a reference is found with an effective date between the foreign filing date and the U.S. filing date
- When determining if a reference’s prior art date falls within the grace period for the application under examination
- When an interference situation is under consideration
The MPEP states: “The subject matter of the application is not examined to determine whether the applicant is actually entitled to the benefit of the foreign filing date on the basis of the disclosure thereof unless such determination is required for patentability reasons. For example, the examiner considers the merits of an applicant’s claim of priority when a reference is found with an effective date between the date of the foreign filing and the date of filing in the United States, when determining whether a reference’s prior art date is within the grace period for the application under examination, and when an interference situation is under consideration.” (MPEP 216)
When reviewing a claim to foreign priority, the examiner generally checks the following:
- That the papers contain no obvious formal defects
- That the papers correspond in number, date and country to the application identified in the application data sheet
- For original applications filed under 35 U.S.C. 111(a) and international applications entering the national stage under 35 U.S.C. 371, that the claim for foreign priority is timely
The MPEP states: “When the claim to priority and the certified copy of the foreign application are received while the application is pending before the examiner, the examiner generally makes no examination of the papers except to see that they contain no obvious formal defects and correspond in number, date and country to the application identified in the application data sheet for an application filed on or after September 16, 2012, or oath or declaration or application data sheet for an application filed prior to September 16, 2012.” (MPEP 216)
MPEP 216 - Entitlement to Priority (2)
An examiner considers the merits of a foreign priority claim in the following situations:
- When a reference is found with an effective date between the foreign filing date and the U.S. filing date
- When determining if a reference’s prior art date falls within the grace period for the application under examination
- When an interference situation is under consideration
The MPEP states: “The subject matter of the application is not examined to determine whether the applicant is actually entitled to the benefit of the foreign filing date on the basis of the disclosure thereof unless such determination is required for patentability reasons. For example, the examiner considers the merits of an applicant’s claim of priority when a reference is found with an effective date between the date of the foreign filing and the date of filing in the United States, when determining whether a reference’s prior art date is within the grace period for the application under examination, and when an interference situation is under consideration.” (MPEP 216)
When reviewing a claim to foreign priority, the examiner generally checks the following:
- That the papers contain no obvious formal defects
- That the papers correspond in number, date and country to the application identified in the application data sheet
- For original applications filed under 35 U.S.C. 111(a) and international applications entering the national stage under 35 U.S.C. 371, that the claim for foreign priority is timely
The MPEP states: “When the claim to priority and the certified copy of the foreign application are received while the application is pending before the examiner, the examiner generally makes no examination of the papers except to see that they contain no obvious formal defects and correspond in number, date and country to the application identified in the application data sheet for an application filed on or after September 16, 2012, or oath or declaration or application data sheet for an application filed prior to September 16, 2012.” (MPEP 216)
Patent Law (2)
An examiner considers the merits of a foreign priority claim in the following situations:
- When a reference is found with an effective date between the foreign filing date and the U.S. filing date
- When determining if a reference’s prior art date falls within the grace period for the application under examination
- When an interference situation is under consideration
The MPEP states: “The subject matter of the application is not examined to determine whether the applicant is actually entitled to the benefit of the foreign filing date on the basis of the disclosure thereof unless such determination is required for patentability reasons. For example, the examiner considers the merits of an applicant’s claim of priority when a reference is found with an effective date between the date of the foreign filing and the date of filing in the United States, when determining whether a reference’s prior art date is within the grace period for the application under examination, and when an interference situation is under consideration.” (MPEP 216)
When reviewing a claim to foreign priority, the examiner generally checks the following:
- That the papers contain no obvious formal defects
- That the papers correspond in number, date and country to the application identified in the application data sheet
- For original applications filed under 35 U.S.C. 111(a) and international applications entering the national stage under 35 U.S.C. 371, that the claim for foreign priority is timely
The MPEP states: “When the claim to priority and the certified copy of the foreign application are received while the application is pending before the examiner, the examiner generally makes no examination of the papers except to see that they contain no obvious formal defects and correspond in number, date and country to the application identified in the application data sheet for an application filed on or after September 16, 2012, or oath or declaration or application data sheet for an application filed prior to September 16, 2012.” (MPEP 216)
Patent Procedure (2)
An examiner considers the merits of a foreign priority claim in the following situations:
- When a reference is found with an effective date between the foreign filing date and the U.S. filing date
- When determining if a reference’s prior art date falls within the grace period for the application under examination
- When an interference situation is under consideration
The MPEP states: “The subject matter of the application is not examined to determine whether the applicant is actually entitled to the benefit of the foreign filing date on the basis of the disclosure thereof unless such determination is required for patentability reasons. For example, the examiner considers the merits of an applicant’s claim of priority when a reference is found with an effective date between the date of the foreign filing and the date of filing in the United States, when determining whether a reference’s prior art date is within the grace period for the application under examination, and when an interference situation is under consideration.” (MPEP 216)
When reviewing a claim to foreign priority, the examiner generally checks the following:
- That the papers contain no obvious formal defects
- That the papers correspond in number, date and country to the application identified in the application data sheet
- For original applications filed under 35 U.S.C. 111(a) and international applications entering the national stage under 35 U.S.C. 371, that the claim for foreign priority is timely
The MPEP states: “When the claim to priority and the certified copy of the foreign application are received while the application is pending before the examiner, the examiner generally makes no examination of the papers except to see that they contain no obvious formal defects and correspond in number, date and country to the application identified in the application data sheet for an application filed on or after September 16, 2012, or oath or declaration or application data sheet for an application filed prior to September 16, 2012.” (MPEP 216)