How are foreign priority claims handled on the bib-data sheet?

Foreign priority claims are an important aspect of patent applications and are reflected on the bib-data sheet. The examiner should verify that foreign applications listed on the oath, declaration, or application data sheet are correctly listed on the bib-data sheet.

According to the MPEP: A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy. (MPEP 202)

If there are errors:

  • On the oath, declaration, or application data sheet: The examiner should require a new document.
  • On the bib-data sheet itself: The examiner should make corrections directly on the sheet and have the information updated in the Office computer systems.

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. A list of qualifying countries can be found in MPEP § 213.01.

For more information on foreign applications, visit: foreign applications.

For more information on foreign priority claims, visit: foreign priority claims.

For more information on patent examination, visit: patent examination.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 202-Cross-Noting, Patent Law, Patent Procedure
Tags: foreign applications, foreign priority claims, patent examination