What documents are required to claim foreign priority in a U.S. application?

To claim foreign priority in a U.S. application, you must file a claim for priority and submit a certified copy of the foreign application. MPEP 213.04 states: ‘The claim for priority and the certified copy of the foreign application specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be filed within the pendency of the application.’

For applications filed on or after September 16, 2012, the priority claim must be presented in an Application Data Sheet (ADS). The certified copy must be filed within the later of 4 months from the actual filing date or 16 months from the foreign filing date, with some exceptions.

For more information on certified copy, visit: certified copy.

For more information on foreign priority, visit: foreign priority.