How do I properly identify a foreign application when claiming priority?
To properly identify a foreign application when claiming priority, you must provide the following information:
- Application number
- Country or intellectual property authority
- Day, month, and year of filing
As stated in MPEP 214.01: “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.”
For applications filed under 35 U.S.C. 111(a) on or after September 16, 2012, this information must be provided in an application data sheet. For earlier applications, it may be included in the oath or declaration if not provided in an application data sheet.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure