What are the requirements for claiming priority to a foreign application under 37 CFR 1.55?
The requirements for claiming priority to a foreign application under 37 CFR 1.55 include:
- A claim for priority identifying the foreign application
- For applications filed on or after September 16, 2012, the claim for priority must be in the application data sheet (ADS)
- For applications filed before September 16, 2012, the claim for priority must be in the ADS or in the oath or declaration
- Filing a certified copy of the foreign application within specified time periods
- Meeting other requirements such as translations for non-English language applications
The MPEP states: “Whether an application was filed before, on, or after March 16, 2013, 35 U.S.C. 119(b)(1) requires a claim for priority identifying the foreign application. … Thus for all applications filed on or after September 16, 2012, a claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or (b) to the prior application must be presented in the application data sheet.”
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
Patent Law,
Patent Procedure