What are the time limits for perfecting a foreign priority claim in a patent?

What are the time limits for perfecting a foreign priority claim in a patent?

The time limits for perfecting a foreign priority claim in a patent are as follows:

  • The priority claim must be made within 16 months from the filing date of the prior foreign application or 4 months from the actual filing date of the U.S. application, whichever is later.
  • A certified copy of the foreign application must be filed within the same time period, unless previously submitted in a parent application.

According to MPEP 216.01: “The patent owner’s failure to make a timely priority claim and file the certified copy prior to issuance of the patent cannot be cured by filing a reissue application.” This emphasizes the importance of meeting these deadlines during the initial patent application process.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 216 - Entitlement to Priority, Patent Law, Patent Procedure
Tags: certified copy, classified patent applications, foreign priority claim, Time Limits