How do I file a foreign priority claim in a U.S. patent application?
To file a foreign priority claim in a U.S. patent application, you must:
- File the claim within the specified time limit (see previous FAQ for details).
- Present the claim in an application data sheet (ADS) for applications filed on or after September 16, 2012. For applications filed before this date, the claim can be in the ADS or in the oath/declaration.
- Identify the foreign application by providing:
- Application number
- Country (or intellectual property authority)
- Filing date (day, month, and year)
This is specified in 37 CFR 1.55(d)(1): The claim for priority must be presented in an application data sheet (§1.76(b)(6)) and must identify the foreign application to which priority is claimed by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.
It’s crucial to provide accurate and complete information to ensure your priority claim is properly recorded and considered.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 214-Formal Requirements of Claim for Foreign Priority,
Patent Law,
Patent Procedure