How can I claim priority to a foreign application filed in a non-English language?

When claiming priority to a foreign application filed in a non-English language, you must provide an English translation of the foreign application. The MPEP 213.02 states: If the foreign application is not in the English language, an English translation of the foreign application is also required. See 37 CFR 1.55(g)(3). Additionally, you must submit: A…

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What happens if there’s an error in the foreign priority application number?

What happens if there’s an error in the foreign priority application number? If there’s an error in the foreign priority application number, it can lead to serious consequences for the priority claim. The MPEP emphasizes the importance of accuracy: “Errors in foreign priority claims may jeopardize the applicant’s priority claim.” (MPEP 214.04) Consequences of errors…

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Are there different priority claim requirements for design patent applications?

Yes, design patent applications have different requirements for filing priority claims compared to utility patent applications. The main difference is in the time period for filing the claim. As stated in MPEP 214.01: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” For design applications, the MPEP further clarifies:…

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Can I claim priority to an inventor’s certificate?

Yes, under certain conditions, an applicant can claim priority based on an application for an inventor’s certificate. MPEP 213.05 explains: ‘An inventor’s certificate may form the basis for rights of priority under 35 U.S.C. 119(d) only when the country in which it is filed gives to applicants, at their discretion, the right to apply, on…

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What types of prior applications can be used for claiming priority in an international design application designating the United States?

An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07: Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35…

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What is the requirement for the same inventor or joint inventor in foreign priority claims?

For a valid foreign priority claim, the U.S. application and the foreign application must name the same inventor or have at least one joint inventor in common. This requirement ensures that the right of priority is properly linked between the applications. As stated in MPEP 213.02: “Pursuant to 35 U.S.C. 119(a), the foreign application must…

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How can an applicant restore the right of priority if the U.S. application is filed after the 12-month deadline?

An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional. According to MPEP 213.03: “As provided in 37…

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