How can an applicant restore the right of priority if the U.S. application is filed after the 12-month deadline?
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional. According to MPEP 213.03: “As provided in 37…
Read MoreWhat is required to make a proper priority claim in a U.S. patent application?
To make a proper priority claim in a U.S. patent application, the applicant must provide specific information about the foreign application and file the claim within the required time period. The requirements differ slightly depending on the type of application. For applications filed on or after September 16, 2012, under 35 U.S.C. 111(a), MPEP 213.02…
Read MoreWhat is the requirement for filing a certified copy of the foreign application when claiming priority?
When claiming foreign priority, applicants are generally required to file a certified copy of the foreign application within a specified time period. The requirements and deadlines for filing the certified copy depend on the type of application and the circumstances of the filing. According to MPEP 213.04: “37 CFR 1.55(g) sets forth the requirements for…
Read MoreHow does the right of priority work for international applications under the PCT?
The right of priority for international applications filed under the Patent Cooperation Treaty (PCT) operates similarly to national applications, but with some specific provisions and requirements set by the PCT system. According to MPEP 213.06: “In an international application entering the national stage under 35 U.S.C. 371, the claim for priority must be made within…
Read MoreHow does claiming priority work for international design applications?
Claiming priority for international design applications has some specific provisions, particularly when the application designates the United States. These provisions are outlined in the MPEP and relevant regulations. According to MPEP 213.07: “Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the…
Read MoreWhat happens if I file a U.S. patent application more than 12 months after my foreign filing?
If you file a U.S. patent application more than 12 months after your foreign filing, your claim for priority based on that foreign application may be denied. The MPEP states: The claim for priority cannot be based on said application, because the subsequent nonprovisional or international application designating the United States was filed more than…
Read MoreWhere should I file the petition to restore the right of priority?
The location for filing your petition to restore the right of priority depends on the type of application you have. The MPEP provides guidance: The petition to restore the right of priority must be filed in the subsequent application, or in the earliest nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c)…
Read MoreWhat are the requirements for a petition to restore the right of priority?
A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements: A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority…
Read MoreCan the USPTO request additional information for a priority restoration petition?
Yes, the USPTO may request additional information when considering a petition to restore the right of priority. The MPEP states: The Director may require additional information where there is a question whether the delay was unintentional. This means that if the USPTO has doubts about whether the delay in filing was truly unintentional, they may…
Read MoreWhat is the time limit for filing a certified copy of a foreign application in a U.S. patent application?
For applications filed under 35 U.S.C. 111(a) on or after March 16, 2013, 37 CFR 1.55(f)(1) sets the time limit for filing a certified copy of the foreign application. The certified copy must be filed within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing…
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