When might the USPTO require earlier submission of priority documents?

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.

To learn more:

• priority documents
• early submission
• USPTO requirements
• patent examination