What happens if a certified copy of the priority document is not filed within the time limit in a U.S. national stage application?

If a certified copy of the priority document is not filed within the time limit in a U.S. national stage application, the following consequences may occur:

• The right to priority may be lost if the certified copy is not filed within the time period set in 37 CFR 1.55.
• However, if the certified copy is filed after the time period set in 37 CFR 1.55 but during the pendency of the application, the right to priority may be restored under certain conditions.
• According to MPEP 213.06, ‘If the certified copy is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.’

It’s crucial to file the certified copy within the specified time limit to avoid potential complications in claiming priority.

To learn more:

• certified copy
• priority document
• national stage application
• time limit
• U.S. patent application

To learn more:

• U.S. patent application