How are foreign priority claims verified by patent examiners?

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.

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”