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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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 an earlier-filed foreign application, the applicant must: 1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications). 2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS. 3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program. See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Claim and Certified Copy Due for Design Application MPEP 213 Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted Claim for Priority and Certified Copy Required MPEP 213 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Priority Claim for AIA Effective Dates Required MPEP 213 Required Requirement for Priority Document from Participating Office MPEP 213 Required Claim for Priority Must Be Filed Before Patent Grant MPEP 213 Required Time Period for Priority Claim Not Extendable MPEP 213 Required Requirement for Priority to Foreign Applications MPEP 213 Permitted Applicant May Claim Priority to Foreign Applications MPEP 213 Other Related FAQs 5 FAQs Collapse When is a Certificate of Correction appropriate for perfecting a foreign priority claim? What is required when submitting a certified copy of a foreign application for priority purposes? Can a nonprovisional application be entitled to diffe...