What is the transition application statement for foreign priority claims?

The transition application statement is a requirement for certain applications that bridge the pre-AIA and AIA periods. Here are the key points:

• It applies to nonprovisional applications filed on or after March 16, 2013, that claim priority to a foreign application filed before March 16, 2013.
• The statement is required if the application contains or contained a claim to an invention with an effective filing date on or after March 16, 2013.
• The applicant must provide this statement within a specified time period.
• International design applications are exempt from this requirement.

As stated in the MPEP: If a nonprovisional application filed on or after March 16, 2013, claims priority to a foreign application filed prior to March 16, 2013, and also contains, or contained at any time, a claim to a claimed invention that has an effective filing date (as defined in 35 U.S.C. 100(i)) on or after March 16, 2013, the applicant must provide a statement to that effect within a specified time period. This requirement helps the USPTO determine which law applies to the application.

To learn more:

• transition application statement
• AIA
• pre-AIA
• foreign priority
• effective filing date