What is the time limit for filing a U.S. nonprovisional application claiming priority to a foreign application?

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 U.S. nonprovisional application claiming priority to a foreign application is generally 12 months from the filing date of the foreign application. For design applications, the time limit is 6 months.

As stated in the MPEP, The United States nonprovisional application must be filed not later than twelve months (six months in the case of a design application) after the date on which the foreign application was filed, unless the right of priority has been restored. (MPEP 213.03)

It’s important to note that this period is subject to certain provisions, such as the extension to the next business day if the deadline falls on a weekend or federal holiday.