How 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 entire delay was unintentional
MPEP 214.02 states: “If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied by a grantable petition to accept the unintentionally delayed claim for priority.”
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 214-Formal Requirements of Claim for Foreign Priority,
Patent Law,
Patent Procedure