Patent Law FAQ

To be entitled to priority under the PDX program, the following requirements must be met:

1. The Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or
2. The Office must receive a paper certified copy of the foreign application during that time period.

The MPEP states:

To be entitled to priority, the Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or receive a paper certified copy of the foreign application during that time period.

It’s crucial to note that if a certified copy is filed after the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.