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

Question

Accepted Answer

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. 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 . 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 Claim for Priority and Certified Copy Required 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 Claim for Priority Must Be Presented During Pendency MPEP 213 Required Priority Claim and Certified Copy Must Be Filed During Pendency of Application MPEP 213.04 Required Certified Copy of Foreign Application Required for PCT National Stage MPEP 213 Required Priority Claim and Certified Copy Must Be Filed During Application Pendency MPEP 213.04 Required Priority Claim Must Be Presented on Application Data Sheet MPEP 213 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Priority Claim and Certified Copy Must Be Fu...