What is the restoration of the right of priority in U.S. national stage applications?

Restoration of the right of priority allows applicants to claim priority to a foreign application or benefit of a provisional application filed more than 12 months before the international filing date. This applies to international applications filed on or after April 1, 2007. The MPEP states: “International applications filed on or after April 1, 2007…

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What additional requirements are there for delayed priority claims filed more than two years after the due date?

For delayed priority claims filed more than two years after the due date, additional explanation is required. The MPEP states: “A person filing a petition to accept a delayed priority claim more than two years after the date the foreign priority claim was due is required to provide additional explanation of the circumstances surrounding the…

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How are delayed priority claims handled in design applications?

The handling of delayed priority claims in design applications has evolved. The MPEP provides the following information: “Before May 13, 2015, no procedures were established for accepting an unintentionally delayed priority claim in a design application. Effective May 13, 2015, 37 CFR 1.55(e) provides for the filing of a petition for acceptance of an unintentionally…

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How does the USPTO determine if an applicant is entitled to the benefit of the foreign filing date?

The examiner generally does not examine the certified copy of the foreign priority application except to see that it contains no obvious formal defects and corresponds to the U.S. application. The examiner will consider the merits of the priority claim if: An intervening reference is found with an effective date between the foreign filing date…

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How can the requirement for a certified copy be satisfied if the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement?

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if: The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement; The claim for priority is presented in an application data sheet, identifying…

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