What additional requirements are there for delayed priority claims filed more than two years after the due date?
For delayed priority claims filed more than two years after the due date, additional explanation is required. The MPEP states:
“A person filing a petition to accept a delayed priority claim more than two years after the date the foreign priority claim was due is required to provide additional explanation of the circumstances surrounding the delay that establishes that the entire delay was unintentional. This requirement is in addition to the requirement to provide a statement that the entire delay was unintentional in 37 CFR 1.55(e).”
This additional explanation helps the USPTO determine if the delay was truly unintentional, as required for acceptance of the delayed claim. Applicants should be prepared to provide a detailed account of the circumstances leading to the delay.
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