What are the requirements for entitlement to priority under the PDX program?

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.

To be entitled to priority under the PDX program, the following requirements must be met:

1. The Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or
2. The Office must receive a paper certified copy of the foreign application during that time period.

The MPEP states:

To be entitled to priority, the Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or receive a paper certified copy of the foreign application during that time period.

It’s crucial to note that if a certified copy is filed after the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.