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 (3)
The deadline for filing an unintentionally delayed priority claim is the later of:
- Four months from the actual filing date of the later-filed application, or
- Sixteen months from the filing date of the prior application
This is stated in 37 CFR 1.55(d)(1) for foreign priority claims and 37 CFR 1.78(a)(4) for domestic benefit claims. However, a petition may be filed to accept an unintentionally delayed claim under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e) after this period.
As stated in MPEP 214.02: ‘A petition to accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) requires:’
- The priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted;
- The petition fee as set forth in § 1.17(m); and
- A statement that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional.
To learn more:
To learn more:
What is the deadline for filing a petition to accept an unintentionally delayed priority claim?
The deadline for filing a petition to accept an unintentionally delayed priority claim depends on the type of application:
- For utility and plant applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
- For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
According to MPEP 214.02: ’37 CFR 1.55(e) provides that a petition to accept a delayed priority claim must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or (b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.’
It’s important to note that the petition must be filed within the time period set in the statute, and the USPTO does not have the authority to waive this deadline.
To learn more:
Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02:
For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate of correction under 37 CFR 1.323, or a petition under 37 CFR 1.78(a) and (b) or 1.55(g), as appropriate.
This means that after a patent has issued, the options for correcting a priority claim are:
- Filing a reissue application
- Requesting a certificate of correction
- Filing a petition under specific regulations
The appropriate method depends on the specific circumstances and the type of priority claim being corrected. It’s important to note that each of these options has its own requirements and limitations. For example, a certificate of correction is generally only available for minor errors that are clerical or typographical in nature.
Given the complexity of post-issuance corrections, it’s advisable to consult with a patent attorney or agent to determine the best course of action for your specific situation.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (2)
The requirements for accepting an unintentionally delayed claim for foreign priority include:
- Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b).
- Submitting the priority claim in an application data sheet identifying the foreign application.
- Providing a certified copy of the foreign application, unless previously submitted or an exception applies.
- Paying the petition fee as set forth in 37 CFR 1.17(m).
- Submitting a statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.
The MPEP cites 37 CFR 1.55(e), which states: “A petition to accept a delayed claim for priority under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.” (37 CFR 1.55(e))
To file an unintentionally delayed foreign priority claim, you must submit a petition under 37 CFR 1.55(e). The petition must include:
- The priority claim (if not previously submitted)
- A certified copy of the foreign application (unless previously submitted or an exception applies)
- The petition fee set forth in 37 CFR 1.17(m)
- A statement that the entire delay was unintentional
MPEP 214.02 states: “If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim for priority.”
MPEP 214-Formal Requirements of Claim for Foreign Priority (1)
To file an unintentionally delayed foreign priority claim, you must submit a petition under 37 CFR 1.55(e). The petition must include:
- The priority claim (if not previously submitted)
- A certified copy of the foreign application (unless previously submitted or an exception applies)
- The petition fee set forth in 37 CFR 1.17(m)
- A statement that the entire delay was unintentional
MPEP 214.02 states: “If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim for priority.”
MPEP 216 - Entitlement to Priority (1)
The requirements for accepting an unintentionally delayed claim for foreign priority include:
- Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b).
- Submitting the priority claim in an application data sheet identifying the foreign application.
- Providing a certified copy of the foreign application, unless previously submitted or an exception applies.
- Paying the petition fee as set forth in 37 CFR 1.17(m).
- Submitting a statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.
The MPEP cites 37 CFR 1.55(e), which states: “A petition to accept a delayed claim for priority under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.” (37 CFR 1.55(e))
Patent Law (5)
The deadline for filing an unintentionally delayed priority claim is the later of:
- Four months from the actual filing date of the later-filed application, or
- Sixteen months from the filing date of the prior application
This is stated in 37 CFR 1.55(d)(1) for foreign priority claims and 37 CFR 1.78(a)(4) for domestic benefit claims. However, a petition may be filed to accept an unintentionally delayed claim under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e) after this period.
As stated in MPEP 214.02: ‘A petition to accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) requires:’
- The priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted;
- The petition fee as set forth in § 1.17(m); and
- A statement that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional.
To learn more:
To learn more:
What is the deadline for filing a petition to accept an unintentionally delayed priority claim?
The deadline for filing a petition to accept an unintentionally delayed priority claim depends on the type of application:
- For utility and plant applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
- For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
According to MPEP 214.02: ’37 CFR 1.55(e) provides that a petition to accept a delayed priority claim must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or (b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.’
It’s important to note that the petition must be filed within the time period set in the statute, and the USPTO does not have the authority to waive this deadline.
To learn more:
The requirements for accepting an unintentionally delayed claim for foreign priority include:
- Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b).
- Submitting the priority claim in an application data sheet identifying the foreign application.
- Providing a certified copy of the foreign application, unless previously submitted or an exception applies.
- Paying the petition fee as set forth in 37 CFR 1.17(m).
- Submitting a statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.
The MPEP cites 37 CFR 1.55(e), which states: “A petition to accept a delayed claim for priority under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.” (37 CFR 1.55(e))
To file an unintentionally delayed foreign priority claim, you must submit a petition under 37 CFR 1.55(e). The petition must include:
- The priority claim (if not previously submitted)
- A certified copy of the foreign application (unless previously submitted or an exception applies)
- The petition fee set forth in 37 CFR 1.17(m)
- A statement that the entire delay was unintentional
MPEP 214.02 states: “If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim for priority.”
Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02:
For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate of correction under 37 CFR 1.323, or a petition under 37 CFR 1.78(a) and (b) or 1.55(g), as appropriate.
This means that after a patent has issued, the options for correcting a priority claim are:
- Filing a reissue application
- Requesting a certificate of correction
- Filing a petition under specific regulations
The appropriate method depends on the specific circumstances and the type of priority claim being corrected. It’s important to note that each of these options has its own requirements and limitations. For example, a certificate of correction is generally only available for minor errors that are clerical or typographical in nature.
Given the complexity of post-issuance corrections, it’s advisable to consult with a patent attorney or agent to determine the best course of action for your specific situation.
To learn more:
Patent Procedure (5)
The deadline for filing an unintentionally delayed priority claim is the later of:
- Four months from the actual filing date of the later-filed application, or
- Sixteen months from the filing date of the prior application
This is stated in 37 CFR 1.55(d)(1) for foreign priority claims and 37 CFR 1.78(a)(4) for domestic benefit claims. However, a petition may be filed to accept an unintentionally delayed claim under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e) after this period.
As stated in MPEP 214.02: ‘A petition to accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) requires:’
- The priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted;
- The petition fee as set forth in § 1.17(m); and
- A statement that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional.
To learn more:
To learn more:
What is the deadline for filing a petition to accept an unintentionally delayed priority claim?
The deadline for filing a petition to accept an unintentionally delayed priority claim depends on the type of application:
- For utility and plant applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
- For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
According to MPEP 214.02: ’37 CFR 1.55(e) provides that a petition to accept a delayed priority claim must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or (b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.’
It’s important to note that the petition must be filed within the time period set in the statute, and the USPTO does not have the authority to waive this deadline.
To learn more:
The requirements for accepting an unintentionally delayed claim for foreign priority include:
- Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b).
- Submitting the priority claim in an application data sheet identifying the foreign application.
- Providing a certified copy of the foreign application, unless previously submitted or an exception applies.
- Paying the petition fee as set forth in 37 CFR 1.17(m).
- Submitting a statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.
The MPEP cites 37 CFR 1.55(e), which states: “A petition to accept a delayed claim for priority under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.” (37 CFR 1.55(e))
To file an unintentionally delayed foreign priority claim, you must submit a petition under 37 CFR 1.55(e). The petition must include:
- The priority claim (if not previously submitted)
- A certified copy of the foreign application (unless previously submitted or an exception applies)
- The petition fee set forth in 37 CFR 1.17(m)
- A statement that the entire delay was unintentional
MPEP 214.02 states: “If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim for priority.”
Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02:
For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate of correction under 37 CFR 1.323, or a petition under 37 CFR 1.78(a) and (b) or 1.55(g), as appropriate.
This means that after a patent has issued, the options for correcting a priority claim are:
- Filing a reissue application
- Requesting a certificate of correction
- Filing a petition under specific regulations
The appropriate method depends on the specific circumstances and the type of priority claim being corrected. It’s important to note that each of these options has its own requirements and limitations. For example, a certificate of correction is generally only available for minor errors that are clerical or typographical in nature.
Given the complexity of post-issuance corrections, it’s advisable to consult with a patent attorney or agent to determine the best course of action for your specific situation.
To learn more: