Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
To claim priority to an earlier-filed foreign application, the applicant must:
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
Patent Law,
Patent Procedure