What happens if I don’t file a foreign priority claim within the specified time period?

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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. If you don’t file a foreign priority claim within the specified time period, the claim is considered to have been waived. As stated in MPEP 214.01 : “Claims for foreign priority not presented within the time period specified in 37 CFR 1.55 are considered to have been waived.” However, there is a possibility to file a petition to accept an unintentionally delayed priority claim. The MPEP further states: “If a claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or (b) is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it includes the required identification information and is accompanied by a grantable petition to accept the unintentionally delayed claim for priority.” For more information on the process of filing an unintentionally delayed priority claim, refer to MPEP § 214.02 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Unintentionally Delayed Priority Claim MPEP 214.01 Required Claim for Foreign Priority Must Be Timely Filed MPEP 214.01 Claim for Foreign Priority Must Be Filed Within Twelve Months MPEP 214 Claim for Foreign Priority Must Be Filed Before Patent Grant MPEP 214 Petition for Unintentionally Delayed Foreign Priority in Design Applications MPEP 214.02 Permitted Claim for Priority Must Be on Application Data Sheet MPEP 214.01 Time Period for Filing Priority Claim MPEP 214.01 Unintentionally Delayed Foreign Priority Petition Allowed After Grant MPEP 214.02 Permitted Late Foreign Priority Claim Without Petition MPEP 214.03 Permitted Claim for Priority Must Identify Foreign Application MPEP 214.01 Required Other Related FAQs 5 FAQs Collapse How do I properly identify a foreign...