What is the significance of the ‘time period set in 37 CFR 1.55’ for filing priority claims?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
What is the significance of the ‘time period set in 37 CFR 1.55’ for filing priority claims?
The time period set in 37 CFR 1.55 is crucial for securing your priority claim in a patent application. MPEP 213.04 states: ‘The time period set in 37 CFR 1.55 for filing a priority claim and certified copy cannot be extended.’ This strict deadline ensures that priority claims are made promptly, allowing for efficient examination and preventing delays in the patent process. Failing to meet this deadline can result in the waiver of your priority claim, potentially affecting the patentability of your invention if intervening prior art exists. It’s essential to be aware of and adhere to this time period to protect your invention’s priority date.