What happens if I file a U.S. patent application more than 12 months after my foreign filing?

If you file a U.S. patent application more than 12 months after your foreign filing, your claim for priority based on that foreign application may be denied. The MPEP states: The claim for priority cannot be based on said application, because the subsequent nonprovisional or international application designating the United States was filed more than…

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What is the process for examining foreign priority claims in patent applications?

When a claim to priority and certified copy of a foreign application are received during the pendency of a patent application, the examiner generally follows these steps: Checks for obvious formal defects in the documents Verifies that the documents correspond to the application identified in the application data sheet For original applications filed under 35…

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What is required when submitting an English language translation of a foreign priority application?

When submitting an English language translation of a non-English language foreign priority application, the following requirements must be met: The translation must be of the certified copy of the foreign application as filed The translation must be submitted together with a statement that the translation of the certified copy is accurate As stated in the…

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How does the AIA affect priority claims for applications filed on or after March 16, 2013?

How does the AIA affect priority claims for applications filed on or after March 16, 2013? The America Invents Act (AIA) significantly changed the U.S. patent system, particularly affecting priority claims for applications filed on or after March 16, 2013. According to MPEP 216: “AIA 35 U.S.C. 100(i)(1)(B) provides that the effective filing date for…

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What is the difference between ‘right of priority’ and ‘benefit of an earlier filing date’ in US patent applications?

The terms ‘right of priority’ and ‘benefit of an earlier filing date’ refer to different concepts in US patent law: Right of priority: This term is used in the context of foreign priority under 35 U.S.C. 119(a)-(d) and 365(a) and (b). It allows a US application to claim the priority date of a foreign application…

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