How do I claim priority to a foreign application in a U.S. patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim for Foreign Priority Must Be Filed Within Twelve Months MPEP 214 Claim for Foreign Priority Must Be Filed Before Patent Grant MPEP 214 Claim for Priority May Be Made in Continuing Application MPEP 214 Permitted Translation of Certified Copy Required MPEP 214 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Certified Copy Must Be Filed Regardless of Necessity MPEP 214 Prohibited Priority Claim Must Comply With Formal Requirements MPEP 214 Required Priority Claim Must Be Filed Before Patent Grant MPEP 214 Required Requirements for Filing Priority Claims and Submitting Certified Copies MPEP 214 Requirements for Perfecting Priority Not Met Before Issuance MPEP 214 Other Related FAQs 5 FAQs Collapse What is the time limit for claiming priority to a foreign application? How does a prior foreign application affect the determination of prior art? What is the significance of a prior foreign application i...