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.”
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure