What are the requirements for filing a delayed priority claim?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 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: The priority claim in an application data sheet A certified copy of the foreign application (unless exceptions apply) The petition fee 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Study Certified Copy for Priority Date MPEP 216 Examiner Reviews Certified Copy for Priority Date MPEP 216 Permitted Application Subject Not Examined for Priority Entitlement Unless Required MPEP 216 Required Examiner Reviews Priority Claim and Foreign Application Copy MPEP 216 Timely Priority Claim Required for Original Applications MPEP 216 Recommended Translation Needed for Non-English Foreign Application MPEP 216 Required Translation Required with Certified Copy MPEP 216 Required Requirement for Certified Copy and Translation to Overcome Reference Date MPEP 216 Translation Required for Foreign Application Certified Copy MPEP 216 Required Nonprovisional and Foreign Application Inventors Must Match MPEP 216 Recommended Other Related FAQs 5 FAQs Collapse What are the time limits for perfecting a foreign priority claim in a patent? What is the time limit for filing a reissue application to correct a priority cla...