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Can the time period for filing a foreign priority claim be extended?

By russ.krajec@blueironip.com | September 9, 2024

No, the time period for filing a foreign priority claim cannot be extended. As stated in MPEP 214.01: “This time period is not extendable.” However, if you miss the deadline, there is a possibility to file a petition to accept an unintentionally delayed priority claim. The MPEP states: “If a claim for priority under 35…

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What happens if I don’t file a foreign priority claim within the specified time period?

By russ.krajec@blueironip.com | September 9, 2024

If you don’t file a foreign priority claim within the specified time period, the claim is considered to have been waived. As stated in MPEP 214.01: “Claims for foreign priority not presented within the time period specified in 37 CFR 1.55 are considered to have been waived.” However, there is a possibility to file a…

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What happens if I miss the deadline for filing a priority claim in a U.S. patent application?

By russ.krajec@blueironip.com | September 9, 2024

If you miss the deadline for filing a priority claim in a U.S. patent application, you may still have options, but they are limited: Petition for Unintentional Delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months…

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