# MPEP § 213: Right of Priority of Foreign Application

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S213

## Section

- **Citation:** MPEP § 213
- **Heading:** Right of Priority of Foreign Application
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 0200 - Types and Status of Application › Benefit and Priority Claims / MPEP § 213

## Text

Under certain conditions and on fulfilling certain
requirements, an application for patent filed in the United States may be entitled to the
benefit of the filing date of a prior application filed in a foreign country. The
conditions are specified in
35 U.S.C. 119(a)
-
(d)
and
(f)
,
172
,
365(a)
and
(b)
, and
386(a)
and
(b)
, and
37 CFR
1.55
.
35 U.S.C. 119
Benefit of earlier filing date; right of
priority.
(a) An application for patent for an invention filed in
this country by any person who has, or whose legal representatives or assigns
have, previously regularly filed an application for a patent for the same
invention in a foreign country which affords similar privileges in the case of
applications filed in the United States or to citizens of the United States, or in
a WTO member country, shall have the same effect as the same application would
have if filed in this country on the date on which the application for patent for
the same invention was first filed in such foreign country, if the application in
this country is filed within 12 months from the earliest date on which such
foreign application was filed. The Director may prescribe regulations, including
the requirement for payment of the fee specified in section
41(a)(7)
,
pursuant to which the 12-month period set forth in this subsection may be extended
by an additional 2 months if the delay in filing the application in this country
within the 12-month period was unintentional.
s from the earliest date on which such
foreign application was filed. The Director may prescribe regulations, including
the requirement for payment of the fee specified in section
41(a)(7)
,
pursuant to which the 12-month period set forth in this subsection may be extended
by an additional 2 months if the delay in filing the application in this country
within the 12-month period was unintentional.
(b)
(1) No application for patent shall be entitled to
this right of priority unless a claim is filed in the Patent and Trademark
Office, identifying the foreign application by specifying the application
number on that foreign application, the intellectual property authority or
country in or for which the application was filed, and the date of filing
the application, at such time during the pendency of the application as
required by the Director.
(2) The Director may consider the failure of the
applicant to file a timely claim for priority as a waiver of any such claim.
The Director may establish procedures, including the requirement for payment
of the fee specified in section
41(a)(7)
, to accept an
unintentionally delayed claim under this section.
(3) The Director may require a certified copy of
the original foreign application, specification, and drawings upon which it
is based, a translation if not in the English language, and such other
information as the Director considers necessary. Any such certification
shall be made by the foreign intellectual property authority in which the
foreign application was filed and show the date of the application and of
the filing of the specification and other papers.
eign application, specification, and drawings upon which it
is based, a translation if not in the English language, and such other
information as the Director considers necessary. Any such certification
shall be made by the foreign intellectual property authority in which the
foreign application was filed and show the date of the application and of
the filing of the specification and other papers.
(c) In like manner and subject to the same conditions
and requirements, the right provided in this section may be based upon a
subsequent regularly filed application in the same foreign country instead of the
first filed foreign application, provided that any foreign application filed prior
to such subsequent application has been withdrawn, abandoned, or otherwise
disposed of, without having been laid open to public inspection and without
leaving any rights outstanding, and has not served, nor thereafter shall serve, as
a basis for claiming a right of priority.
(d) Applications for inventors’ certificates filed in a
foreign country in which applicants have a right to apply, at their discretion,
either for a patent or for an inventor’s certificate shall be treated in this
country in the same manner and have the same effect for purpose of the right of
priority under this section as applications for patents, subject to the same
conditions and requirements of this section as apply to applications for patents,
provided such applicants are entitled to the benefits of the Stockholm Revision of
the Paris Convention at the time of such filing.
*****
(f) Applications for plant breeder’s rights filed in a
WTO member country (or in a foreign UPOV Contracting Party) shall have the same
effect for the purpose of the right of priority under subsections (a) through (c)
of this section as applications for patents, subject to the same conditions and
requirements of this section as apply to applications for patents.
*****
37 CFR 1.55 Claim for foreign priority.
cations for plant breeder’s rights filed in a
WTO member country (or in a foreign UPOV Contracting Party) shall have the same
effect for the purpose of the right of priority under subsections (a) through (c)
of this section as applications for patents, subject to the same conditions and
requirements of this section as apply to applications for patents.
*****
37 CFR 1.55 Claim for foreign priority.
(a)
In general.
An applicant in a nonprovisional application may
claim priority to one or more prior foreign applications under the conditions
specified in
35
U.S.C. 119(a) through (d) and (f)
,
172
,
365(a) and
(b)
, and
386(a) and (b)
and this
section.
(b)
Time for filing subsequent application.
The nonprovisional
application must be:
(1) Filed not later than twelve months (six
months in the case of a design application) after the date on which the
foreign application was filed, subject to paragraph (c) of this section (a
subsequent application); or
(2) Entitled to claim the benefit under
35
U.S.C. 120
,
121
,
365(c)
, or
386(c)
of a subsequent
application that was filed within the period set forth in paragraph (b)(1)
of this section.
(c)
Delayed filing of subsequent application.
If the subsequent
application has a filing date which is after the expiration of the period set
forth in paragraph (b)(1) of this section, but within two months from the
expiration of the period set forth in paragraph (b)(1) of this section, the right
of priority in the subsequent application may be restored under
PCT Rule
26bis.3
for an international
application, or upon petition pursuant to this paragraph, if the delay in filing
the subsequent application within the period set forth in paragraph (b)(1) of this
section was unintentional. A petition to restore the right of priority under this
paragraph filed on or after May 13, 2015, must be filed in the subsequent
application, or in the earliest nonprovisional application claiming benefit under
35 U.S.C
n, or upon petition pursuant to this paragraph, if the delay in filing
the subsequent application within the period set forth in paragraph (b)(1) of this
section was unintentional. A petition to restore the right of priority under this
paragraph filed on or after May 13, 2015, must be filed in the subsequent
application, or in the earliest nonprovisional application claiming benefit under
35 U.S.C.
120
,
121
,
365(c)
, or
386(c)
to the subsequent application, if such subsequent
application is not a nonprovisional application. Any petition to restore the right
of priority under this paragraph must include:
(1) The priority claim under
35 U.S.C.
119(a)
through
(d)
or
(f)
,
365(a)
or (b)
, or
386(a) or
(b)
in an application data sheet (§
1.76(b)(6)
), identifying the foreign application to
which priority is claimed, by specifying the application number, country (or
intellectual property authority), day, month, and year of its filing, unless
previously submitted;
(2) The petition fee as set forth in §
1.17(m)
; and
(3) A statement that the delay in filing the
subsequent application within the period set forth in paragraph (b)(1) of
this section was unintentional. The Director may require additional
information where there is a question whether the delay was unintentional.
(d)
Time for filing priority claim—
(1)
Application under
35 U.S.C.
111(a)
.
The claim for priority must be filed
within the later of four months from the actual filing date of the
application or sixteen months from the filing date of the prior foreign
application in an original application filed under
35 U.S.C.
111(a)
, except as provided in paragraph (e) of this
section. The claim for priority must be presented in an application data
sheet (§
1.76(b)(6)
) and must
identify the foreign application to which priority is claimed by specifying
the application number, country (or intellectual property authority), day,
month, and year of its filing. The time periods in this paragraph do not
apply if the later-filed application is:
ovided in paragraph (e) of this
section. The claim for priority must be presented in an application data
sheet (§
1.76(b)(6)
) and must
identify the foreign application to which priority is claimed by specifying
the application number, country (or intellectual property authority), day,
month, and year of its filing. The time periods in this paragraph do not
apply if the later-filed application is:
(i) An application for a design patent;
or
(ii) An application filed under
35 U.S.C. 111(a)
before November 29, 2000.
(2)
Application under
35 U.S.C.
371
.
The claim for priority must be made
within the time limit set forth in the PCT and the Regulations under the PCT
in an international application entering the national stage under
35
U.S.C. 371
, except as provided in paragraph (e) of
this section.
(e)
Delayed priority claim.
Unless such claim is accepted in
accordance with the provisions of this paragraph, any claim for priority under
35 U.S.C.
119(a)
through
(d)
or
(f)
,
365(a) or
(b)
, or
386(a) or 386(b)
not presented
in the manner required by paragraph (d) or (m) of this section during pendency and
within the time period provided by paragraph (d) of this section (if applicable)
is considered to have been waived. If a claim for priority is considered to have
been waived under this section, the claim may be accepted if the priority claim
was unintentionally delayed. A petition to accept a delayed claim for priority
under
35 U.S.C.
119(a)
through
(d)
or
(f)
,
365(a)
or
(b)
, or
386(a)
or
386(b)
must be accompanied
by:
(1) The priority claim under
35 U.S.C.
119(a)
through
(d)
or
(f)
,
365(a)
or
386(b)
, or
386(a)
or
aim for priority is considered to have
been waived under this section, the claim may be accepted if the priority claim
was unintentionally delayed. A petition to accept a delayed claim for priority
under
35 U.S.C.
119(a)
through
(d)
or
(f)
,
365(a)
or
(b)
, or
386(a)
or
386(b)
must be accompanied
by:
(1) The priority claim under
35 U.S.C.
119(a)
through
(d)
or
(f)
,
365(a)
or
386(b)
, or
386(a)
or
(b)
in an application
data sheet (§
1.76(b)(6)
), identifying
the foreign application to which priority is claimed, by specifying the
application number, country (or intellectual property authority), day,
month, and year of its filing, unless previously submitted;
(2) A certified copy of the foreign application,
unless previously submitted or an exception in paragraph (h), (i), or (j) of
this section applies;
(3) The petition fee as set forth in §
1.17(m)
; and
(4) A statement that the entire delay between
the date the priority claim was due under this section and the date the
priority claim was filed was unintentional. The Director may require
additional information where there is a question whether the delay was
unintentional.
(f)
Time for filing certified copy of foreign application—
(1)
Application under
35 U.S.C.
111(a)
.
A certified copy of the foreign
application must be filed within the later of four months from the actual
filing date of the application, or sixteen months from the filing date of
the prior foreign application, in an original application under
35 U.S.C. 111(a)
filed on or after March 16, 2013,
except as provided in paragraphs (h), (i), and (j) of this section. The time
period in this paragraph does not apply in a design application.
ication must be filed within the later of four months from the actual
filing date of the application, or sixteen months from the filing date of
the prior foreign application, in an original application under
35 U.S.C. 111(a)
filed on or after March 16, 2013,
except as provided in paragraphs (h), (i), and (j) of this section. The time
period in this paragraph does not apply in a design application.
(2)
Application under
35 U.S.C.
371
.
A certified copy of the foreign
application must be filed within the time limit set forth in the PCT and the
Regulations under the PCT in an international application entering the
national stage under
35 U.S.C. 371
. If a
certified copy of the foreign application is not filed during the
international stage in an international application in which the national
stage commenced on or after December 18, 2013, a certified copy of the
foreign application must be filed within the later of four months from the
date on which the national stage commenced under
35 U.S.C.
371(b)
or
(f)
(§
1.491(a)
), four months from the date of the initial
submission under
35 U.S.C. 371
to enter
the national stage, or sixteen months from the filing date of the prior
foreign application, except as provided in paragraphs (h), (i), and (j) of
this section.
(3) If a certified copy of the foreign
application is not filed within the time period specified [in] paragraph
(f)(1) of this section in an application under
35 U.S.C.
111(a)
or within the period specified in paragraph
(f)(2) of this section in an international application entering the national
stage under
35 U.S.C. 371
, and an
exception in paragraph (h), (i), or (j) of this section is not applicable,
the certified copy of the foreign application must be accompanied by a
petition including a showing of good and sufficient cause for the delay and
the petition fee set forth in §
1.17(g)
.
d specified in paragraph
(f)(2) of this section in an international application entering the national
stage under
35 U.S.C. 371
, and an
exception in paragraph (h), (i), or (j) of this section is not applicable,
the certified copy of the foreign application must be accompanied by a
petition including a showing of good and sufficient cause for the delay and
the petition fee set forth in §
1.17(g)
.
(g)
Requirement for filing priority claim, certified copy of foreign
application, and translation in any application.
(1) The claim for priority and the certified
copy of the foreign application specified in
35 U.S.C.
119(b)
or
PCT Rule 17
must, in any
event, be filed within the pendency of the application, unless filed with a
petition under paragraph (e) or (f) of this section, or with a petition
accompanied by the fee set forth in §
1.17(g)
which includes a showing of good and
sufficient cause for the delay in filing the certified copy of the foreign
application in a design application. If the claim for priority or the
certified copy of the foreign application is filed after the date the issue
fee is paid, the patent will not include the priority claim unless corrected
by a certificate of correction under
35 U.S.C. 255
and §
1.323
.
(2) The Office may require that the claim for
priority and the certified copy of the foreign application be filed earlier
than otherwise provided in this section:
(i) When the application is involved in an
interference (see §
41.202
of this
chapter) or derivation (see part 42 of this chapter) proceeding;
(ii) When necessary to overcome the date of
a reference relied upon by the examiner; or
(iii) When deemed necessary by the
examiner.
(3) An English language translation of a
non-English language foreign application is not required except:
d in this section:
(i) When the application is involved in an
interference (see §
41.202
of this
chapter) or derivation (see part 42 of this chapter) proceeding;
(ii) When necessary to overcome the date of
a reference relied upon by the examiner; or
(iii) When deemed necessary by the
examiner.
(3) An English language translation of a
non-English language foreign application is not required except:
(i) When the application is involved in an
interference (see §
41.202
of this
chapter) or derivation (see part 42 of this chapter) proceeding;
(ii) When necessary to overcome the date of
a reference relied upon by the examiner; or
(iii) When specifically required by the
examiner.
(4) If an English language translation of a
non-English language foreign application is required, it must be filed
together with a statement that the translation of the certified copy is
accurate.
(h)
Certified copy in another U.S. patent or application.
The
requirement in paragraphs (f) and (g) of this section for a certified copy of the
foreign application will be considered satisfied in a reissue application if the
patent for which reissue is sought satisfies the requirement of this section for a
certified copy of the foreign application and such patent is identified as
containing a certified copy of the foreign application. The requirement in
paragraphs (f) and (g) of this section for a certified copy of the foreign
application will also be considered satisfied in an application if a prior-filed
nonprovisional application for which a benefit is claimed under
35 U.S.C.
120
,
121
,
365(c)
, or
386(c)
contains a certified copy of the foreign application
and such prior-filed nonprovisional application is identified as containing a
certified copy of the foreign application.
tion for a certified copy of the foreign
application will also be considered satisfied in an application if a prior-filed
nonprovisional application for which a benefit is claimed under
35 U.S.C.
120
,
121
,
365(c)
, or
386(c)
contains a certified copy of the foreign application
and such prior-filed nonprovisional application is identified as containing a
certified copy of the foreign application.
(i)
Foreign intellectual property office participating in a priority document
exchange agreement.
The requirement in paragraphs (f) and (g) of this
section for a certified copy of the foreign application to be filed within the
time limit set forth therein will be considered satisfied if:
(1) The foreign application was filed in a
foreign intellectual property office participating with the Office in a
bilateral or multilateral priority document exchange agreement
(participating foreign intellectual property office), or a copy of the
foreign application was filed in an application subsequently filed in a
participating foreign intellectual property office that permits the Office
to obtain such a copy;
(2) The claim for priority is presented in an
application data sheet (§
1.76(b)(6)
), identifying
the foreign application for which priority is claimed, by specifying the
application number, country (or intellectual property authority), day,
month, and year of its filing, and the applicant provides the information
necessary for the participating foreign intellectual property office to
provide the Office with access to the foreign application;
(3) The copy of the foreign application is
received by the Office from the participating foreign intellectual property
office, or a certified copy of the foreign application is filed, within the
period specified in paragraph (g)(1) of this section; and
the information
necessary for the participating foreign intellectual property office to
provide the Office with access to the foreign application;
(3) The copy of the foreign application is
received by the Office from the participating foreign intellectual property
office, or a certified copy of the foreign application is filed, within the
period specified in paragraph (g)(1) of this section; and
(4) The applicant files in a separate document a
request that the Office obtain a copy of the foreign application from a
participating intellectual property office that permits the Office to obtain
such a copy where, although the foreign application was not filed in a
participating foreign intellectual property office, a copy of the foreign
application was filed in an application subsequently filed in a
participating foreign intellectual property office that permits the Office
to obtain such a copy. The request must identify the participating
intellectual property office and the subsequent application by the
application number, day, month, and year of its filing in which a copy of
the foreign application was filed. The request must be filed within the
later of sixteen months from the filing date of the prior foreign
application, four months from the actual filing date of an application under
35 U.S.C. 111(a)
, four months from the date on which
the national stage commenced under
35 U.S.C. 371(b)
or
(f)
(§
1.491(a)
), or four
months from the date of the initial submission under
35 U.S.C.
371
to enter the national stage, or the request must
be accompanied by a petition under paragraph (e) or (f) of this section.
pplication, four months from the actual filing date of an application under
35 U.S.C. 111(a)
, four months from the date on which
the national stage commenced under
35 U.S.C. 371(b)
or
(f)
(§
1.491(a)
), or four
months from the date of the initial submission under
35 U.S.C.
371
to enter the national stage, or the request must
be accompanied by a petition under paragraph (e) or (f) of this section.
(j)
Interim copy.
The requirement in paragraph (f) of this section
for a certified copy of the foreign application to be filed within the time limit
set forth therein will be considered satisfied if:
(1) A copy of the original foreign application
clearly labeled as "Interim Copy," including the specification, and any
drawings or claims upon which it is based, is filed in the Office together
with a separate cover sheet identifying the foreign application by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing, and stating that the copy
filed in the Office is a true copy of the original application as filed in
the foreign country (or intellectual property authority);
(2) The copy of the foreign application and
separate cover sheet are filed within the later of sixteen months from the
filing date of the prior foreign application, four months from the actual
filing date of an application under
35 U.S.C.
111(a)
, four months from the date on which the
national stage commenced under
35 U.S.C. 371(b)
or
(f)
(§
1.491(a)
), four months
from the date of the initial submission under
35 U.S.C.
371
to enter the national stage, or with a petition
under paragraph (e) or (f) of this section; and
(3) A certified copy of the foreign application
is filed within the period specified in paragraph (g)(1) of this
section.
, four months from the date on which the
national stage commenced under
35 U.S.C. 371(b)
or
(f)
(§
1.491(a)
), four months
from the date of the initial submission under
35 U.S.C.
371
to enter the national stage, or with a petition
under paragraph (e) or (f) of this section; and
(3) A certified copy of the foreign application
is filed within the period specified in paragraph (g)(1) of this
section.
(k)
Requirements for certain applications filed on or after March 16,
2013.
If a nonprovisional application filed on or after March 16,
2013, other than a nonprovisional international design application, claims
priority to a foreign application filed prior to March 16, 2013, and also
contains, or contained at any time, a claim to a claimed invention that has an
effective filing date as defined in §
1.109
that is on or after
March 16, 2013, the applicant must provide a statement to that effect within the
later of four months from the actual filing date of the nonprovisional
application, four months from the date of entry into the national stage as set
forth in §
1.491
in an international application, sixteen months from
the filing date of the prior foreign application, or the date that a first claim
to a claimed invention that has an effective filing date on or after March 16,
2013, is presented in the nonprovisional application. An applicant is not required
to provide such a statement if the applicant reasonably believes on the basis of
information already known to the individuals designated in §
1.56(c)
that the nonprovisional application does not, and did not at any time, contain a
claim to a claimed invention that has an effective filing date on or after March
16, 2013.
, is presented in the nonprovisional application. An applicant is not required
to provide such a statement if the applicant reasonably believes on the basis of
information already known to the individuals designated in §
1.56(c)
that the nonprovisional application does not, and did not at any time, contain a
claim to a claimed invention that has an effective filing date on or after March
16, 2013.
(l)
Inventor's certificates.
An applicant in a nonprovisional
application may under certain circumstances claim priority on the basis of one or
more applications for an inventor's certificate in a country granting both
inventor's certificates and patents. To claim the right of priority on the basis
of an application for an inventor's certificate in such a country under
35 U.S.C.
119(d)
, the applicant, when submitting a claim for such
right as specified in this section, must include an affidavit or declaration. The
affidavit or declaration must include a specific statement that, upon an
investigation, he or she is satisfied that to the best of his or her knowledge,
the applicant, when filing the application for the inventor’s certificate, had the
option to file an application for either a patent or an inventor’s certificate as
to the subject matter of the identified claim or claims forming the basis for the
claim of priority.
(m)
Time for filing priority claim and certified copy of foreign application
in an international design application designating the United States.
In an international design application designating the United States, the claim
for priority may be made in accordance with the Hague Agreement and the Hague
Agreement Regulations
e identified claim or claims forming the basis for the
claim of priority.
(m)
Time for filing priority claim and certified copy of foreign application
in an international design application designating the United States.
In an international design application designating the United States, the claim
for priority may be made in accordance with the Hague Agreement and the Hague
Agreement Regulations. In a nonprovisional international design application, the
priority claim, unless made in accordance with the Hague Agreement and the Hague
Agreement Regulations, must be presented in an application data sheet (§
1.76(b)(6)
), identifying the foreign application for which
priority is claimed, by specifying the application number, country (or
intellectual property authority), day, month, and year of its filing. In a
nonprovisional international design application, the priority claim and certified
copy must be furnished in accordance with the time period and other conditions set
forth in paragraph (g) of this section.
(n)
Applications filed before September 16, 2012.
Notwithstanding
the requirement in paragraphs (d)(1), (e)(1), and (i)(2) of this section that any
priority claim be presented in an application data sheet (§
1.76
),
this requirement in paragraphs (d)(1), (e)(1), and (i)(2) of this section will be
satisfied by the presentation of such priority claim in the oath or declaration
under §
1.63
in a nonprovisional application filed under
35
U.S.C. 111(a)
before September 16, 2012, or resulting from
an international application filed under
35 U.S.C. 363
before September
16, 2012. The provisions of this paragraph do not apply to any priority claim
submitted for a petition under paragraph (c) of this section to restore the right
of priority to a foreign application.
(o)
Priority under
35 U.S.C. 386(a)
or
(b)
.
The right of priority under
35
U.S.C. 386(a)
or
September 16, 2012, or resulting from
an international application filed under
35 U.S.C. 363
before September
16, 2012. The provisions of this paragraph do not apply to any priority claim
submitted for a petition under paragraph (c) of this section to restore the right
of priority to a foreign application.
(o)
Priority under
35 U.S.C. 386(a)
or
(b)
.
The right of priority under
35
U.S.C. 386(a)
or
(b)
with respect to an international design application is
applicable only to nonprovisional applications, international applications, and
international design applications filed on or after May 13, 2015, and patents
issuing thereon.
(p)
Time periods in this section.
The time periods set forth in
this section are not extendable, but are subject to
35 U.S.C.
21(b)
(and §
1.7(a)
),
PCT Rule
80.5
, and Hague Agreement Rule 4(4).
Implementation of Public Law 112-211, 126 Stat. 1527 (titles I
and title II of the Patent Law Treaties Implementation Act (PLTIA)), necessitated changes
to the procedural requirements relating to claims for priority to an earlier-filed foreign
application and to the submission of a certified copy of the priority document. The
conditions for claiming priority to an earlier-filed foreign application are summarized
below:
(A) The foreign application must be one filed in “a foreign
country which affords similar privileges in the case of applications filed in the
United States or to citizens of the United States or in a WTO member country.” See
MPEP §
213.01
.
(B) The foreign application must have been filed by the same
applicant as the applicant in the United States, or by applicant's legal
representatives or assigns. Consistent with longstanding Office policy, this is
interpreted to mean that the U.S. and foreign applications must name the same
inventor or have at least one joint inventor in common. See
MPEP §
213.02
.
(C) The application, or its earliest parent United States
application under
35 U.S.C
the same
applicant as the applicant in the United States, or by applicant's legal
representatives or assigns. Consistent with longstanding Office policy, this is
interpreted to mean that the U.S. and foreign applications must name the same
inventor or have at least one joint inventor in common. See
MPEP §
213.02
.
(C) The application, or its earliest parent United States
application under
35 U.S.C. 120
, must have been
filed in a “recognized” country (see
MPEP §
213.01
) within 12 months from the date of the earliest
foreign filing unless the right of priority has been restored (see
MPEP §
213.03
). However, the period of 12 months specified in this
section is 6 months in the case of designs pursuant to
35 U.S.C.
172
. See
MPEP §§ 1504.10
and
2920.05(d)
.
(D) The foreign application must be for the same invention
as the application in the United States.
(E) For an original application filed under
35 U.S.C.
111(a)
(other than a design application), the claim for
priority must be presented during the pendency of the application, and within the
later of four months from the actual filing date of the application or sixteen months
from the filing date of the prior foreign application. This time period is not
extendable. See
MPEP § 214.01
.
(F) For applications entering the national stage under
35 U.S.C.
371
from an international application, the claim for priority
must be made and a certified copy of the foreign application must be filed within the
time limit set forth in the PCT Articles and Regulations.
(G) For a nonprovisional international design application,
the priority claim, unless made in accordance with the Hague Agreement and the Hague
Agreement Regulations, must be presented in an application data sheet during the
pendency of the application. See
37 CFR 1.55(m)
. In addition, the
right of priority under
35 U.S.C. 386(a)
or
in the
time limit set forth in the PCT Articles and Regulations.
(G) For a nonprovisional international design application,
the priority claim, unless made in accordance with the Hague Agreement and the Hague
Agreement Regulations, must be presented in an application data sheet during the
pendency of the application. See
37 CFR 1.55(m)
. In addition, the
right of priority under
35 U.S.C. 386(a)
or
(b)
with respect to an international design application can
only be claimed in a nonprovisional, international, or international design
application filed on or after May 13, 2015. See
37 CFR
1.55(o)
.
(H) In the case where the basis of the claim is an
application for an inventor's certificate, the requirements of
37 CFR
1.55(l)
must also be met. See
MPEP §
213.05
.
(I) A certified copy of the foreign application must be
filed within the time period set forth in
37 CFR 1.55
. See
MPEP §
215.02
et seq.
for applications filed on or after March 16, 2013, and
MPEP §
215.03
for applications filed before March 16, 2013. The
claim for priority and the certified copy of the foreign application must, in any
event, be filed within the pendency of the application and before the patent is
granted. See
MPEP § 213.04
.
(J) If a nonprovisional application (other than a
nonprovisional international design application) filed on or after March 16, 2013,
claims priority to a foreign application filed prior to March 16, 2013, and also
contains, or contained at any time, a claim to a claimed invention that has an
effective filing date (as defined in
35 U.S.C. 100(i)
) on or after
March 16, 2013, the applicant must provide a statement to that effect within a
specified time period. See
37 CFR 1.55(k)
and
MPEP §
210
, subsection III.
Applicant may be informed of possible priority rights under
35 U.S.C.
119(a)
-
(d)
and
(f)
by using the
wording of form paragraph
2.18
.

## Nearby sections

- [MPEP § 201 Types of Applications](https://www.frixlaw.com/law-library/statutes/MPEP_S201.md)
- [MPEP § 201.01 National Applications](https://www.frixlaw.com/law-library/statutes/MPEP_S201.01.md)
- [MPEP § 201.02 General Terms Used to Describe Applications](https://www.frixlaw.com/law-library/statutes/MPEP_S201.02.md)
- [MPEP § 201.03 [Reserved] [R-]](https://www.frixlaw.com/law-library/statutes/MPEP_S201.03.md)
- [MPEP § 201.04 Provisional Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.04.md)
- [MPEP § 201.05 Reissue Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.05.md)
- [MPEP § 201.06 Divisional Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06.md)
- [MPEP § 201.06(a) Former 37 CFR 1.60 Divisional Continuation Procedure](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(a).md)
- [MPEP § 201.06(b) Former 37 CFR 1.62 File Wrapper Continuing Procedure](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(b).md)
- [MPEP § 201.06(c) 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(c).md)
- [MPEP § 201.06(d) 37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice](https://www.frixlaw.com/law-library/statutes/MPEP_S201.06(d).md)
- [MPEP § 201.07 Continuation Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.07.md)
- [MPEP § 201.08 Continuation-in-Part Application](https://www.frixlaw.com/law-library/statutes/MPEP_S201.08.md)
- [MPEP § 202 Cross-Noting](https://www.frixlaw.com/law-library/statutes/MPEP_S202.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S213. Check the current official text before relying on it. Not legal advice.