What are the requirements for accepting an unintentionally delayed claim for foreign priority?
The requirements for accepting an unintentionally delayed claim for foreign priority include:
- Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b).
- Submitting the priority claim in an application data sheet identifying the foreign application.
- Providing a certified copy of the foreign application, unless previously submitted or an exception applies.
- Paying the petition fee as set forth in 37 CFR 1.17(m).
- Submitting a statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.
The MPEP cites 37 CFR 1.55(e), which states: “A petition to accept a delayed claim for priority under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.” (37 CFR 1.55(e))