What is the process for examining foreign priority claims in patent applications?

When a claim to priority and certified copy of a foreign application are received during the pendency of a patent application, the examiner generally follows these steps:

• Checks for obvious formal defects in the documents
• Verifies that the documents correspond to the application identified in the application data sheet
• For original applications filed under 35 U.S.C. 111(a) and international applications entering the national stage under 35 U.S.C. 371, ensures the claim for foreign priority is timely

The examiner does not typically examine the subject matter to determine if the applicant is entitled to the benefit of the foreign filing date unless it’s necessary for patentability reasons. As stated in the MPEP, The subject matter of the application is not examined to determine whether the applicant is actually entitled to the benefit of the foreign filing date on the basis of the disclosure thereof unless such determination is required for patentability reasons.

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

For more information on certified copy, visit: certified copy.

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

For more information on patent examination, visit: patent examination.