How does the USPTO acknowledge receipt of foreign priority claims?
The USPTO acknowledges receipt of foreign priority claims in several ways:
- If the claim is timely and all requirements are met, the examiner will advise the applicant in the next Office action using form PTOL-326 or form paragraph 2.26
- For priority documents filed in a parent application, the examiner may use form paragraph 2.27
- If there are irregularities, the examiner may use specific form paragraphs to notify the applicant of issues
MPEP 214.03 states: “When the claim for foreign priority and the certified copy of the foreign application are received within the time period set forth in 37 CFR 1.55, if applicable, they are entered into the application file history. Assuming that the papers are timely and regular in form and that there are no irregularities in dates, the examiner in the next Office action will advise the applicant that the papers have been received on form PTOL-326 or by use of form paragraph 2.26.”
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 214-Formal Requirements of Claim for Foreign Priority,
Patent Law,
Patent Procedure