What 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 MoreWhat happens if a foreign application was filed more than 12 months before the U.S. application?
If a foreign application was filed more than 12 months before the U.S. application and priority has not been restored, the examiner will use form paragraph 2.23 to notify the applicant that the claim for priority cannot be based on that application. As stated in the MPEP: Where the earlier foreign application was filed more…
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