How do I claim priority to a foreign application in a U.S. patent application?
To claim priority to a foreign application in a U.S. patent application, you must follow the guidelines outlined in MPEP § 214. The process generally involves:
- Filing the U.S. application within 12 months of the foreign filing date
- Submitting a claim for priority in an application data sheet (ADS) or in the first sentence of the specification
- Providing a certified copy of the foreign application
- Submitting an English translation if the foreign application is not in English
It’s important to note that MPEP § 1302.06 states: “See MPEP § 202 and § 214.” This reference emphasizes the importance of these sections in understanding the requirements for claiming foreign priority.
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