How do I claim priority in a U.S. national stage application?

For international applications entering the U.S. national stage under 35 U.S.C. 371, the priority claim must be made within the time limit set by the PCT and its regulations. MPEP 213.06 states: ‘In an international application entering the national stage under 35 U.S.C. 371, the claim for priority must be made and a certified copy of the foreign application must be filed within the time limit set forth in the PCT and the Regulations under the PCT.’

If the priority claim was properly made during the international phase, it’s generally not necessary to repeat it upon national stage entry. However, the certified copy of the priority document must be furnished if not previously submitted to the International Bureau or the USPTO.

For more information on national stage application, visit: national stage application.