What happens if I fail to file a priority claim during the pendency of my application?
What happens if I fail to file a priority claim during the pendency of my application?
If you fail to file a priority claim during the pendency of your application, you may lose the right to claim priority. According to MPEP 213.04:
If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, it must also be accompanied by the processing fee set forth in 37 CFR 1.17(i).
This means that if you miss the deadline to file your priority claim before the issue fee is paid, you’ll need to pay an additional processing fee. Moreover, if the application has already been patented, you cannot file a priority claim retroactively.
It’s crucial to file your priority claim as early as possible during the pendency of your application to avoid potential complications or additional fees.
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