What is required to make a proper priority claim in a U.S. patent application?

To make a proper priority claim in a U.S. patent application, the applicant must provide specific information about the foreign application and file the claim within the required time period. The requirements differ slightly depending on the type of application.

For applications filed on or after September 16, 2012, under 35 U.S.C. 111(a), MPEP 213.02 states: “the claim for priority must be presented in an application data sheet.” The claim must include:

• The application number of the foreign application
• The country or intellectual property authority
• The day, month, and year of filing

For international applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set forth in the PCT and the Regulations under the PCT.

The MPEP further notes: “For applications filed prior to September 16, 2012, the claim to priority need be in no special form, and may be made by a person authorized to sign correspondence under 37 CFR 1.33(b). No special language is required in making the claim for priority, and any expression which can be reasonably interpreted as claiming the benefit of the foreign application is accepted as the claim for priority.”

It’s important to file the priority claim within the specified time limits to ensure it is considered valid and effective.

For more information on application data sheet, visit: application data sheet.

For more information on foreign application, visit: foreign application.