What information must be included in the application data sheet for a foreign priority claim?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

When claiming foreign priority, the application data sheet (ADS) must include specific information to meet the requirements of 37 CFR 1.55(i)(2). The MPEP states that the claim for priority must be presented in an ADS:

identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, and including the information necessary for the participating foreign intellectual property office to provide the Office with access to the foreign application

This information is crucial for the USPTO to retrieve the priority document through the Priority Document Exchange program. Ensure that all details are accurate to avoid any issues with your priority claim.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case