How do I properly identify a foreign application when claiming priority in a U.S. patent application?
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.
When claiming priority to a foreign application in a U.S. patent application, it’s crucial to provide accurate identification information. According to MPEP 214.01, you must include the following details:
- The application number of the foreign application
- The country or intellectual property authority where the foreign application was filed
- The day, month, and year of filing of the foreign application
The MPEP states: ‘The claim for priority must identify the foreign application for which priority is claimed by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.’
Additionally, if you’re submitting a certified copy of the foreign application, ensure that it matches the identification information provided in your priority claim. Accurate identification is essential for establishing your priority rights and avoiding potential issues during examination or litigation.