What are the time limits for claiming priority in a national stage application under 35 U.S.C. 371?
In a national stage application under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT. According to 37 CFR 1.55(d)(2), this is the general rule, with some exceptions provided in paragraph (e) of the same section.
The MPEP states: In an international application entering the national stage under 35 U.S.C. 371, the claim for priority must be made and a certified copy of the foreign application must be filed within the time limit set forth in the PCT and the Regulations under the PCT with limited exceptions.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure