How do I claim priority to a provisional application in a later-filed nonprovisional 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. Claiming priority to a provisional application is different from claiming foreign priority. To claim the benefit of a provisional application in a later-filed nonprovisional application: The nonprovisional must be filed within 12 months of the provisional filing date A specific reference to the provisional application must be made in an application data sheet The provisional and nonprovisional must name at least one common inventor The claimed subject matter must be supported by the provisional application This is known as a domestic benefit claim under 35 U.S.C. 119(e), rather than a foreign priority claim under 35 U.S.C. 119(a)-(d). The requirements are specified in 37 CFR 1.78 rather than 37 CFR 1.55. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Certified Copy of Foreign Application Must Be Filed Within Time Limits MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Four Months of National Stage Commencement or Sixteen Months from Prior Filing Date MPEP 213 Required Translation of Foreign Application Must Be Accurate MPEP 213 Required Certified Copy of Foreign Application Must Be Filed During National Stage Entry MPEP 213 Required Requirements for Claiming Priority to Foreign Application MPEP 213 Required Priority Claim Must Be Filed Within Time Limit MPEP 213 Required Foreign Application Must Cover Same Invention as US Application MPEP 213 Required Same Inventor for Foreign Priority Claim MPEP 213 Required Certified Copy of Foreign Application Required for PCT National Stage MPEP 213 Required Priority Claim and Foreign Application Certified Copy Must Be Filed During Pendency MPEP 213 Required Other Related FAQs 5 FAQs Collapse Wha...