When is a priority showing required in patent applications?

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.”

To learn more:

Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2305 - Requiring A Priority Showing, Patent Law, Patent Procedure
Tags: Constructive Reduction To Practice, Interference Proceedings, Priority Showing