What are the time limits for claiming priority in a national stage application under 35 U.S.C. 371?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Certified Copy of Foreign Application Must Be Filed Within Time Limits MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Four Months of National Stage Commencement or Sixteen Months from Prior Filing Date MPEP 213 Required Priority Claim Must Be Filed Within Time Limit MPEP 213 Required Certified Copy of Foreign Application Must Be Filed During National Stage Entry MPEP 213 Required Priority Claim Must Be Filed Within PCT Time Limits During National Stage Entry MPEP 213 Required Claim for Priority and Certified Copy Required MPEP 213 Required Claim for Priority Must Be Filed Before Patent Grant MPEP 213 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Claim for Priority Must Be Presented During Pendency MPEP 213 Required Certified Copy of Foreign Application Required for PCT National Stage MPEP 213 Required Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What is an interim copy of a for...