What is the time limit for filing a delayed claim for foreign priority after patent issuance?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. The time limit for filing a delayed claim for foreign priority after patent issuance is specified in 37 CFR 1.55(g) . According to MPEP 216.01 : ‘The time period set in 37 CFR 1.55(g) for filing a claim for priority and the certified copy required under 37 CFR 1.55(f) is the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.’ However, for patents that have already been issued, the claim must be filed within the period set forth in 37 CFR 1.55(g). This typically means that the claim should be filed as soon as possible after realizing the oversight, as any delay beyond the statutory period would require explanation and potentially affect the grant of the petition. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim to Foreign Priority After Patent Issuance MPEP 216.01 Requirement for Certified Copy of Foreign Application MPEP 216.01 Permitted Translation Required for Foreign Application Certified Copy MPEP 216 Required Examiner Reviews Certified Copy for Priority Date MPEP 216 Permitted Requirement for Perfecting Foreign Priority Claim After Patent Issuance MPEP 216.01 Permitted Claim to Foreign Priority Benefits Must Be Perfected by Reissue Application MPEP 216.01 Prohibited Priority Claim and Certified Copy Must Be Filed During Pendency MPEP 216.01 Required Examiner Must Study Certified Copy for Priority Date MPEP 216 Specification and Drawing Date for Foreign Applications MPEP 216 Permitted Claim to Foreign Priority in Continuing Application Constitutes Affirmation of Prior Expression for Subject Matter Commonality MPEP 216.01 Other Related FAQs 5 FAQs Collapse What are ...