What are the requirements for filing a priority claim and certified copy of a foreign application?

According to 37 CFR 1.55(g)(1), the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application. The MPEP states:

“The claim for priority and the certified copy of the foreign application specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be filed within the pendency of the application, unless filed with a petition under paragraph (e) or (f) of this section, or with a petition accompanied by the fee set forth in § 1.17(g) which includes a showing of good and sufficient cause for the delay in filing the certified copy of the foreign application in a design application.”

This requirement applies to all applications and ensures that priority claims are properly documented before the application is granted.

To learn more:

• foreign priority
• certified copy
• patent application
• pendency