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