How do I claim priority to a foreign application in a reissue patent application?

To claim priority to a foreign application in a reissue patent application, you must:

• Make a claim for priority to the earlier filing date in the foreign country, even if such a claim was made in the original patent application.
• For reissue applications filed on or after September 16, 2012, present the foreign priority information in an application data sheet (ADS) under 37 CFR 1.76.
• For applications filed before September 16, 2012, provide the foreign priority information in the oath or declaration, unless it’s in an ADS.

As stated in MPEP 1417: “A claim for priority to an earlier filing date in a foreign country under 35 U.S.C. 119(a)-(d) must be made in a reissue application, even though such a claim was previously made in the application for the original patent to be reissued.”

Note that no additional certified copy of the foreign application is necessary if it was provided in the original patent application.

To learn more:

• foreign priority
• reissue application
• patent
• ADS
• oath
• declaration