What should an examiner do if the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met?
When examining a patent application, it’s crucial for the examiner to verify and indicate whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met. These sections relate to the right of priority for foreign applications.
The MPEP instructs: However, the examiner must still indicate in the Office action and on the bib-data sheet whether the conditions of35 U.S.C. 119(a)-(d)or(f)have been met.
(MPEP 202)
This means the examiner should:
- Review the foreign priority claim
- Determine if all conditions for the claim have been satisfied
- Indicate the status of the claim in the Office action
- Mark the bib-data sheet accordingly
If the conditions are met, this information will be reflected on the front page of the issued patent and in the Official Gazette listing. For more information on foreign priority claims, see MPEP § 213.
For more information on foreign priority, visit: foreign priority.
For more information on patent examination, visit: patent examination.