Is there a time limit for submitting priority documents in a U.S. patent application?
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.
Yes, there is a time limit for submitting priority documents in a U.S. patent application. The MPEP 215.02(a) states:
“[T]he time period set forth in 37 CFR 1.55(f) for filing a certified copy of the foreign application is satisfied if the USPTO retrieves a copy of the priority document within the pendency of the application and before the patent is granted.”
This means that the priority document must be available to the USPTO before the patent is granted. However, it’s important to note that the specific time limit can vary depending on the type of application and other factors outlined in 37 CFR 1.55(f).