What does an examiner check when reviewing a claim to foreign priority?

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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. When reviewing a claim to foreign priority, the examiner generally checks the following: That the papers contain no obvious formal defects That the papers correspond in number, date and country to the application identified in the application data sheet For original applications filed under 35 U.S.C. 111(a) and international applications entering the national stage under 35 U.S.C. 371, that the claim for foreign priority is timely The MPEP states: “When the claim to priority and the certified copy of the foreign application are received while the application is pending before the examiner, the examiner generally makes no examination of the papers except to see that they contain no obvious formal defects and correspond in number, date and country to the application identified in the application data sheet for an application filed on or after September 16, 2012, or oath or declaration or application data sheet for an application filed prior to September 16, 2012.” (MPEP 216) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Nonprovisional Application Entitled to Foreign Priority MPEP 216 Permitted Timely Priority Claim Required for Original Applications MPEP 216 Recommended Translation Required for Foreign Application Certified Copy MPEP 216 Required Examiner Reviews Priority Claim and Foreign Application Copy MPEP 216 Examination of Foreign Application for Sufficiency and Claims Basis MPEP 216 Required Examiner Reviews Certified Copy for Priority Date MPEP 216 Permitted Translation Required with Certified Copy MPEP 216 Required Specification and Drawing Date for Foreign Applications MPEP 216 Permitted Foreign Application Treated as Domestic Filing MPEP 216 Permitte...