What happens if I miss the deadline for filing a foreign priority claim?

If you miss the deadline for filing a foreign priority claim, you may still have options:

• Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.
• Design applications: For design applications, you can file this petition up to the date of payment of the issue fee.

The MPEP states: The Director may accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), or 365(a) or (b) in an application for patent filed on or after November 29, 2000, upon petition pursuant to 37 CFR 1.55(e).

It’s important to note that the petition must include a statement that the entire delay was unintentional, and you may need to provide additional evidence to support this claim.