What documents are required to perfect a claim for foreign priority after patent issuance?

To perfect a claim for foreign priority after patent issuance, several documents are required. According to MPEP 216.01, the following must be submitted:

  • A petition to accept an unintentionally delayed claim for priority
  • The required petition fee
  • A certified copy of the foreign application
  • An English language translation of the foreign application (if not in English)
  • A statement that the translation is accurate

The MPEP states: ‘In addition to the petition to accept an unintentionally delayed claim for priority and the required petition fee, the claim for priority must be made in an application data sheet (if the patent issued from a utility or plant application filed on or after September 16, 2012) or in a request for a certificate of correction, and a certified copy of the foreign application must be submitted.’

It’s important to note that the requirements may vary slightly depending on the specific circumstances of the application and patent. Consulting with a patent attorney or agent is advisable for ensuring all necessary documents are properly prepared and submitted.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 216 - Entitlement to Priority, Patent Law, Patent Procedure
Tags: delayed claim, foreign priority, required documents