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…
Read MoreCan I perfect a foreign priority claim in a reissue application if it wasn’t perfected in the original patent?
Yes, you can perfect a foreign priority claim in a reissue application even if it wasn’t perfected in the original patent. This is one of the reasons for which a reissue application can be filed. MPEP 1417 cites the case of Brenner v. State of Israel, which established that “reissue is also available to correct…
Read MoreCan a delayed priority claim be filed after a patent has been granted?
Yes, a delayed priority claim can be filed after a patent has been granted. The MPEP provides for this possibility: “Where a priority claim under 37 CFR 1.55(g) was not timely made, 37 CFR 1.55(g) allows the priority claim and the certified copy required under 37 CFR 1.55 to be filed pursuant to a petition…
Read MoreCan a delayed priority claim be accepted after patent issuance?
Yes, a delayed priority claim can be accepted after patent issuance, but the process is more complex and requires a certificate of correction. According to MPEP 214.02: For utility and plant applications filed on or after November 29, 2000, the failure to timely file a priority claim because of an error in a foreign priority…
Read MoreWhat 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…
Read MoreHow 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…
Read MoreHow 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…
Read MoreWhat is the significance of the filing date for foreign applications in priority claims?
The filing date of foreign applications is significant in priority claims for the following reasons: It establishes the effective date of the priority claim. The date accorded is the date on which the specification and drawing were filed, not necessarily the date of the petition (which is called the application in some countries). This date…
Read MoreWhat are the requirements for claiming foreign priority under 37 CFR 1.55?
The key requirements for claiming foreign priority under 37 CFR 1.55 include: Filing a claim for priority in the application data sheet (for applications filed on or after September 16, 2012) Filing the application within the required time period Providing a certified copy of the foreign application Providing an English translation if necessary 37 CFR…
Read MoreHow 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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