What happens if I don’t file a foreign priority claim within the specified time period?
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 ยง 214.02.
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