What is an unintentionally delayed priority claim?

An unintentionally delayed priority claim occurs when a claim for foreign priority under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or 386(b) is not presented within the time period provided by 37 CFR 1.55(d). In such cases, the claim is considered to have been waived but may be accepted if the delay was unintentional.

As stated in the MPEP: “If a claim for priority is considered to have been waived under this section, the claim may be accepted if the priority claim was unintentionally delayed.”

To learn more:

• foreign priority
• delayed priority claim
• unintentional delay
• patent application