What is the time limit for claiming priority to a foreign application?
The time limit for claiming priority to a foreign application is generally 12 months from the filing date of the foreign application. This is in accordance with the Paris Convention and U.S. patent law. MPEP § 214, which is referenced in MPEP § 1302.06, provides detailed information on this time limit.
Specifically, MPEP § 214 states:
“The right of priority must be claimed within 4 months in an application filed before September 16, 2012, or within the later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior foreign application in an application filed on or after September 16, 2012.”
It’s crucial for applicants to be aware of these time limits to ensure they don’t lose their right to claim priority.
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