Can the foreign priority application be filed by an assignee, legal representative or agent of the inventor?

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant. If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is…

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What is the time period for filing a certified copy of the foreign priority application in a U.S. application filed on or after March 16, 2013?

For an original application filed under 35 U.S.C. 111(a) on or after March 16, 2013, 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 of the prior foreign application, except as provided in…

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When is the latest a certified copy can be filed for the patent to include the foreign priority claim without a certificate of correction?

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected…

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What is the significance of the four-month and sixteen-month time periods for filing a priority claim?

What is the significance of the four-month and sixteen-month time periods for filing a priority claim? The four-month and sixteen-month time periods are crucial deadlines for filing a priority claim in a U.S. patent application. According to MPEP 214.01: “The claim for priority must be filed within the later of four months from the actual…

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