Can I claim priority to a foreign application after my U.S. patent has been issued?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, it is possible to claim priority to a foreign application after your U.S. patent has been issued. According to MPEP 216.01, a claim for priority under 35 U.S.C. 119(a)-(d) or (f) can be made after the patent is granted, subject to certain conditions:
- The claim must be made within the time period set forth in 37 CFR 1.55(g).
- A petition to accept an unintentionally delayed claim for priority must be filed.
- The required fee must be paid.
- A certified copy of the foreign application must be submitted.
The MPEP states: ‘A claim for priority under 35 U.S.C. 119(a)-(d) or (f) for the benefit of a prior foreign application may be made after the patent issues if the claim is accompanied by a grantable petition to accept an unintentionally delayed claim for priority.’
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
MPEP 216 - Entitlement to Priority
Patent Law
Patent Procedure