What are the requirements for filing a delayed priority claim?
To file a delayed priority claim, you must submit a petition to accept an unintentionally delayed claim for priority. According to 37 CFR 1.55(e), the petition must include: The priority claim in an application data sheet A certified copy of the foreign application (unless exceptions apply) The petition fee A statement that the entire delay…
Read MoreWhat are the requirements for entitlement to priority under the PDX program?
To be entitled to priority under the PDX program, the following requirements must be met: The Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or The Office must receive a paper certified copy of the…
Read MoreWhen is a separate written request needed for PDX retrieval?
A separate written request for PDX retrieval is needed in two specific situations: When the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating office after the foreign priority has been claimed, as long as the time period set in 37 CFR 1.55 has not…
Read MoreCan I file a priority claim after paying the issue fee for my patent application?
Can I file a priority claim after paying the issue fee for my patent application? Yes, you can file a priority claim after paying the issue fee for your patent application, but it comes with additional requirements and costs. According to MPEP 213.04: If the claim for priority or the certified copy of the foreign…
Read MoreWhat happens if the foreign application is not in English?
What happens if the foreign application is not in English? If the foreign application is not in English, the applicant must provide an English translation of the non-English language application and a statement that the translation is accurate. According to MPEP 213.02: ‘If the foreign application is not in the English language, the applicant must…
Read MoreWhat is the ‘Minimum Significant Part of the Number’ in foreign application citations?
The ‘Minimum Significant Part of the Number’ refers to the essential portion of a foreign application number that should be used in United States Patent and Trademark Office (USPTO) records. According to the MPEP: The ‘Minimum Significant Part of the Number’ identified in the tables should be used in United States Patent and Trademark Office…
Read MoreWhat happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application?
What happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application? If you miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application, you may still be able to file the application, but you’ll lose the right to claim priority…
Read MoreHow does the Paris Convention affect the filing deadline for U.S. nonprovisional applications?
How does the Paris Convention affect the filing deadline for U.S. nonprovisional applications? The Paris Convention plays a crucial role in determining the filing deadline for U.S. nonprovisional applications claiming priority to foreign applications. The MPEP explains: “Under the Paris Convention, the right of priority may be based on an application for a patent or…
Read MoreHow can the requirement for a timely filed certified copy be satisfied through the priority document exchange program?
37 CFR 1.55(i) provides that the requirement for a timely filed certified copy can be satisfied if: The foreign application was filed in a participating foreign intellectual property office; The claim for priority is presented in an application data sheet, identifying the foreign application; The copy of the foreign application is received by the USPTO…
Read MoreHow can I request participation in the priority document exchange program?
How can I request participation in the priority document exchange program? To request participation in the priority document exchange (PDX) program, you need to follow specific procedures outlined in MPEP 213.04. Here’s what you need to do: Applicants may participate in the priority document exchange (PDX) program by requesting that the USPTO retrieve a copy…
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