What is the deadline for filing a petition to accept an unintentionally delayed priority claim?
What is the deadline for filing a petition to accept an unintentionally delayed priority claim? The deadline for filing a petition to accept an unintentionally delayed priority claim depends on the type of application: For utility and plant applications: The petition must be filed within the later of four months from the actual filing date…
Read MoreHow can I file an unintentionally delayed foreign priority claim?
To file an unintentionally delayed foreign priority claim, you must submit a petition under 37 CFR 1.55(e). The petition must include: The priority claim (if not previously submitted) A certified copy of the foreign application (unless previously submitted or an exception applies) The petition fee set forth in 37 CFR 1.17(m) A statement that the…
Read MoreWhat are the requirements for accepting an unintentionally delayed claim for foreign priority?
The requirements for accepting an unintentionally delayed claim for foreign priority include: Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b). Submitting the priority claim in an application data sheet identifying the foreign application. Providing a certified copy of the foreign…
Read MoreCan a petition for an unintentionally delayed priority claim be filed after the patent issues?
Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02: For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate…
Read MoreWhat is the deadline for filing an unintentionally delayed priority claim?
The deadline for filing an unintentionally delayed priority claim is the later of: Four months from the actual filing date of the later-filed application, or Sixteen months from the filing date of the prior application This is stated in 37 CFR 1.55(d)(1) for foreign priority claims and 37 CFR 1.78(a)(4) for domestic benefit claims. However,…
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