How does the priority claim deadline differ for PCT applications entering the national stage in the U.S.?

The priority claim deadline for PCT applications entering the national stage in the U.S. differs from that of regular U.S. patent applications:

• PCT National Stage Applications: For these applications, the priority claim must be made within the time limit set in the PCT and the Regulations under the PCT.
• Regular U.S. Applications: The deadline is the later of four months from the actual U.S. filing date or sixteen months from the foreign priority date.

According to MPEP 214.01: “In an application that entered the national stage from an international application after compliance with 35 U.S.C. 371, the claim for priority must be made during the pendency of the application and within the time limit set forth in the PCT and the Regulations under the PCT.”

It’s crucial to understand these differences to ensure timely filing of priority claims in different application types.

To learn more:

• PCT applications
• national stage
• priority claim deadline
• international applications