How are foreign priority claims verified by patent examiners?
Patent examiners verify foreign priority claims through the following steps:
- Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
- Verify the accuracy of the application number, country, and filing date for each foreign application.
- Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
- Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
- 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.”
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 202-Cross-Noting,
Patent Law,
Patent Procedure