How does the USPTO handle priority claims in national stage applications when the certified copy is already in the International Bureau’s priority document database?

When the certified copy of the priority document is already in the International Bureau’s priority document database, the USPTO handles priority claims in national stage applications as follows:

• The USPTO will attempt to retrieve the certified copy from the International Bureau’s priority document database.
• If successful, no further action is required from the applicant regarding the submission of the certified copy.
• According to MPEP 213.06, ‘In national stage applications, a claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT.’
• The USPTO will consider the priority claim to be compliant with the requirements of 37 CFR 1.55(f)(2) if the certified copy is timely retrieved from the International Bureau.

This process simplifies the priority claim procedure for applicants in national stage applications when the certified copy is already available through the International Bureau.

To learn more:

• priority claims
• national stage applications
• International Bureau
• priority document database
• USPTO