When might the USPTO require earlier submission of priority documents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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 USPTO may require earlier submission of priority documents in certain circumstances. According to 37 CFR 1.55(g)(2), these circumstances include:
- When the application is involved in an interference or derivation proceeding
- When necessary to overcome the date of a reference relied upon by the examiner
- When deemed necessary by the examiner
In these cases, the applicant may be required to submit the priority claim and certified copy of the foreign application earlier than the general deadline of the patent grant date.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure