What is the most important aspect of an examiner’s action regarding a right of priority?

The most important aspect of an examiner’s action regarding a right of priority is determining the identity of invention between the U.S. and foreign applications. This involves:

• Considering the foreign application as if it had been filed in the U.S. on the same date it was filed in the foreign country
• Examining the foreign application for sufficiency of disclosure under 35 U.S.C. 112
• Determining if there is a basis for the claims sought

The MPEP states: “The most important aspect of the examiner’s action pertaining to a right of priority is the determination of the identity of invention between the U.S. and the foreign applications. The foreign application may be considered in the same manner as if it had been filed in this country on the same date that it was filed in the foreign country, and the applicant is ordinarily entitled to any claims based on such foreign application that applicant would be entitled to under U.S. laws and practice.” (MPEP 216)