How is foreign priority application information handled on the bib-data sheet?
Foreign priority application information is handled as follows on the bib-data sheet:
- If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
- Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
- The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
- Examiners should check this information for accuracy and make corrections if necessary.
The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 202-Cross-Noting,
Patent Law,
Patent Procedure