What are the time periods for filing a claim for foreign priority in a U.S. patent application?

The time periods for filing a priority claim depend on the type of application:

  • For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
  • For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
  • In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).
Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 214-Formal Requirements of Claim for Foreign Priority, Patent Law, Patent Procedure
Tags: 35 U.S.C. 111(a), 35 U.S.C. 371, foreign priority claims, international design applications, PCT applications, time periods