How do I claim priority to a provisional application in a later-filed nonprovisional application?

Claiming priority to a provisional application is different from claiming foreign priority. To claim the benefit of a provisional application in a later-filed nonprovisional application: The nonprovisional must be filed within 12 months of the provisional filing date A specific reference to the provisional application must be made in an application data sheet The provisional…

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How does an ADS affect the priority claim in pre-September 16, 2012 applications?

In patent applications filed before September 16, 2012, an Application Data Sheet (ADS) can significantly impact the priority claim process. The ADS can be used to: Provide domestic benefit information Include foreign priority information Correct or update priority claims within certain timeframes According to MPEP 601.05(b): “For applications filed before September 16, 2012, an application…

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