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?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 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.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case