What are the requirements for filing a certificate of correction to perfect a foreign priority claim?
To file a certificate of correction to perfect a foreign priority claim, you must meet the following requirements: The priority claim under 37 CFR 1.55 was timely filed in the application but was not included on the patent due to failure to provide a certified copy. A grantable petition under 37 CFR 1.55(f) or (g)…
Read MoreWhat happens if I fail to file a priority claim within the time period set in 37 CFR 1.55?
What happens if I fail to file a priority claim within the time period set in 37 CFR 1.55? If you fail to file a priority claim within the time period set in 37 CFR 1.55, your priority claim will be considered waived. The MPEP states: ‘If the claim for priority or the certified copy…
Read MoreHow can I satisfy the requirement for a certified copy of a foreign application in a continuing application?
In a continuing application, you can satisfy the requirement for a certified copy of a foreign application without actually filing the certified copy again. According to 37 CFR 1.55(h): The requirement for a certified copy of the foreign application will be considered satisfied in an application if a prior-filed nonprovisional application for which a benefit…
Read MoreWhat is the time limit for filing a certified copy of a foreign application?
The time limit for filing a certified copy of a foreign application depends on the type of application: For applications under 35 U.S.C. 111(a): A certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application, or sixteen months from the filing date…
Read MoreWhat is the deadline for filing an unintentionally delayed priority claim?
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,…
Read More