How can I use a foreign priority claim to overcome a 35 U.S.C. 102 rejection?
To use a foreign priority claim to overcome a 35 U.S.C. 102 rejection, you need to:
- Submit a claim to priority under 35 U.S.C. 119(a)-(d) within the time period set in 37 CFR 1.55
- Identify the prior foreign application in a corrected application data sheet under 37 CFR 1.76
- Establish that the prior foreign application satisfies the enablement and written description requirements of 35 U.S.C. 112(a)
- Perfect the foreign priority filing date
MPEP 2152.06 states: “The foreign priority filing date must antedate the reference and be perfected. The filing date of the priority document is not perfected unless applicant has filed a certified priority document in the application (and an English language translation, if the document is not in English) (see 37 CFR 1.55(g)).”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.06 - Overcoming A 35 U.S.C. 102(A)(1) Or 102(A)(2) Rejection,
Patent Law,
Patent Procedure