What is the deadline for filing a foreign priority claim in a U.S. patent application?

The deadline for filing a foreign priority claim in a U.S. patent application depends on the type of application:

  • For applications filed under 35 U.S.C. 111(a), the claim 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
  • For international applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set by the PCT and its Regulations
  • For design patent applications, the claim can be made at any time during the pendency of the application

As stated in MPEP 214.01: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.”

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: design patent, filing deadline, foreign priority, Pct Application