When is a priority showing required in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. A priority showing is required in the following circumstances: When complying with 37 CFR 41.202(a)(2) to suggest an interference To overcome a rejection based on pre-AIA 35 U.S.C. 102(a) or 102(e) when an affidavit is not permitted under 37 CFR 1.131(a)(1) When the examiner requires it due to the application’s earliest constructive reduction-to-practice being later than that of a patent or published application The MPEP states: “If no showing has been filed, and the application’s earliest constructive reduction-to-practice is later than the earliest constructive reduction-to-practice of a patent or published application, then the examiner must require a showing of priority.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Showing of Priority Must Be Filed for Later Reduction-to-Practice MPEP 2305 Required Constructive Reduction to Practice Must Be Shown for Interfering Application L MPEP 2305 Priority Showing Required for Later Reduction-to-Practice MPEP 2305 Required Priority Showing Requirement for Interference Proceedings MPEP 2305 Required Priority Showing Instead of Affidavit for Interference Claims MPEP 2305 Required Requirement for Priority Showing in Interfering Application L MPEP 2305 Required Requirement to Suggest Interference for Priority Showing MPEP 2305 Permitted Affidavit of Prior Invention to Overcome Pre-AIA Rejection MPEP 2305 Permitted Showing to Overcome Pre-AIA Rejection When Affidavit Not Permitted MPEP 2305 Permitted Priority Showing Must Prove Priority MPEP 2305 Required Other Related FAQs 5 FAQs Collapse What are the consequences of an inadequate priority showing? What is a priority showing in patent interference proceedings? How does ...