What are the requirements for claiming foreign priority under 37 CFR 1.55?

The key requirements for claiming foreign priority under 37 CFR 1.55 include:

  • Filing a claim for priority in the application data sheet (for applications filed on or after September 16, 2012)
  • Filing the application within the required time period
  • Providing a certified copy of the foreign application
  • Providing an English translation if necessary

37 CFR 1.55(d) “contains provisions relating to the time for filing a priority claim in an application filed under 35 U.S.C. 111(a) and in an application entering the national stage under 35 U.S.C. 371” (MPEP 210)

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, Patent Law, Patent Procedure
Tags: 37 CFR 1.55, delayed priority claim, foreign priority claims, late certified copy