What happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application?
What happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application?
If you miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application, you may still be able to file the application, but you’ll lose the right to claim priority to the foreign application. The MPEP states:
“An applicant who files a nonprovisional application after the 12-month priority period (or 6-month priority period in the case of a design application) will not be able to claim priority to the foreign-filed application in the later-filed nonprovisional application.” (MPEP 213.03)
In such cases, your U.S. application will be treated as a new application without the benefit of the earlier filing date. This can have significant implications, especially if any public disclosures or other prior art have been published in the intervening time.
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