What is the requirement for the same inventor or joint inventor in foreign priority claims?
For a valid foreign priority claim, the U.S. application and the foreign application must name the same inventor or have at least one joint inventor in common. This requirement ensures that the right of priority is properly linked between the applications. As stated in MPEP 213.02: “Pursuant to 35 U.S.C. 119(a), the foreign application must…
Read MoreHow 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 is the time limit for filing a U.S. application claiming foreign priority?
The U.S. nonprovisional application must generally be filed within 12 months of the filing date of the foreign application to claim priority. For design applications, this period is 6 months. Specifically, 37 CFR 1.55(b) states: “The nonprovisional application must be: (1) Filed not later than twelve months (six months in the case of a design…
Read MoreWhat is the right of priority for foreign patent applications?
The right of priority allows an applicant who has filed a patent application in a foreign country to claim priority to that earlier filing date when filing a subsequent U.S. application for the same invention. This right is established by 35 U.S.C. 119 and gives the U.S. application the benefit of the earlier foreign filing…
Read MoreCan I restore the right of priority if I miss the 12-month filing deadline?
Yes, it is possible to restore the right of priority if you miss the 12-month filing deadline (6 months for design applications). As provided in 37 CFR 1.55(c), if the subsequent application is filed within two months from the expiration of the priority period, the right of priority may be restored upon petition. The petition…
Read MoreCan the right of priority be restored if the U.S. application is filed late?
Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional. 37 CFR 1.55(c) states: “If the subsequent application has a filing date which is…
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