What is the deadline for filing a petition to accept an unintentionally delayed priority claim?
What is the deadline for filing a petition to accept an unintentionally delayed priority claim?
The deadline for filing a petition to accept an unintentionally delayed priority claim depends on the type of application:
- For utility and plant applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
- For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior application.
According to MPEP 214.02: ’37 CFR 1.55(e) provides that a petition to accept a delayed priority claim must be accompanied by: (1) The priority claim under 35 U.S.C. 119(a) through (d) or (f), 365(a) or (b), or 386(a) or (b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted; (2) A certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of this section applies; (3) The petition fee as set forth in § 1.17(m); and (4) A statement that the entire delay between the date the priority claim was due under this section and the date the priority claim was filed was unintentional.’
It’s important to note that the petition must be filed within the time period set in the statute, and the USPTO does not have the authority to waive this deadline.
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