What are the requirements for filing a delayed priority claim?

To file a delayed priority claim, you must submit a petition to accept an unintentionally delayed claim for priority. According to 37 CFR 1.55(e), the petition must include:

  1. The priority claim in an application data sheet
  2. A certified copy of the foreign application (unless exceptions apply)
  3. The petition fee
  4. A statement that the entire delay was unintentional

The MPEP 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 […]; (2) A certified copy of the foreign application […]; (3) The petition fee […]; and (4) A statement that the entire delay […] was unintentional.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 216 - Entitlement to Priority, Patent Law, Patent Procedure
Tags: delayed priority claim, foreign application, petition requirements