Foreign Priority

35 U.S.C. 386

Right of priority.

(a) NATIONAL APPLICATION.—In accordance with the

conditions and requirements of subsections

(a)

through

(d)

of

section 119

and

section 172

, a national application shall be entitled

to the right of priority based on a prior international design application

that designated at least 1 country other than the United States.

(b) PRIOR FOREIGN APPLICATION.—In accordance with

the conditions and requirements of subsections

(a)

through

(d)

of

section 119

and

section 172

and the treaty and the Regulations, an

international design application designating the United States shall be

entitled to the right of priority based on a prior foreign application, a

prior international application as defined in

section

351(c)

designating at least 1 country other than the

United States, or a prior international design application designating at

least 1 country other than the United States.

*****

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

35 U.S.C. 386(a) or (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.

ed 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. 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

t 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

35 U.S.C. 386(a) or (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)-(d) or

(f)

,

365(a) or (b)

, or

386(a) or (b)

must be

accompanied by:

(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) A certified copy of the foreign

application, unless previously submitted or an exception in paragraph

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) 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.

(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

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)

.

(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

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:

(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.

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.

(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;

plication 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

(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

est 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.

(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

d 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.

(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).

Pursuant to

35 U.S.C.

386(a)

and

37 CFR 1.55

, a nonprovisional

application may make a claim of foreign priority in accordance with the conditions

and requirements of

35 U.S.C. 119(a)-(d)

and

172

with

respect to a prior international design application that designates at least one

country other than the United States. Pursuant to

35 U.S.C.

386(b)

and

37 CFR 1.55

, an international

design application designating the United States may make a claim of foreign priority

in accordance with the conditions and requirements of

35 U.S.C.

119(a)-(d)

and

172

and the Hague Agreement and

Regulations thereunder with respect to a prior foreign application, international

application (PCT) designating at least one country other than the United States, or a

prior international design application designating at least one country other than

the United States. The provisions of

35 U.S.C. 386(a)

and

the conditions and requirements of

35 U.S.C.

119(a)-(d)

and

172

and the Hague Agreement and

Regulations thereunder with respect to a prior foreign application, international

application (PCT) designating at least one country other than the United States, or a

prior international design application designating at least one country other than

the United States. The provisions of

35 U.S.C. 386(a)

and

(b)

apply to nonprovisional applications, international

applications (PCT) and international design applications filed on or after May 13,

2015, and patents issued therefrom. See

37 CFR 1.55(o)

and

MPEP

§§ 213

et seq.

and

1504.10

.

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. See

37 CFR

1.55(m)

. Alternatively, in a nonprovisional international

design application, the foreign priority claim may be presented in a corrected

application data sheet (

37 CFR 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. See

MPEP § 601.05(a)

, subsection II. The

priority claim and certified copy must be furnished in accordance with the time

period and other conditions set forth in

37 CFR 1.55(g)

.

Pursuant to Administrative Instruction 408, a

priority claim made in accordance with Hague Agreement Rule 7(5)(c) may be

accompanied by a WIPO Digital Access Service (DAS) access code, if available. The

official form for the application for international registration (the DM/1 form or

the electronic interface of the International Bureau’s electronic filing system

having the same contents and format as the DM/1 form) includes a field in the

priority claim section to provide the WIPO access code. See

MPEP §§

2909

and

2909.01

ied by a WIPO Digital Access Service (DAS) access code, if available. The

official form for the application for international registration (the DM/1 form or

the electronic interface of the International Bureau’s electronic filing system

having the same contents and format as the DM/1 form) includes a field in the

priority claim section to provide the WIPO access code. See

MPEP §§

2909

and

2909.01

. Providing the WIPO access code in accordance with

Administrative Instruction 408 will allow the USPTO to automatically attempt

retrieval of the priority document via WIPO DAS in a nonprovisional international

design application. If the USPTO is able to retrieve the priority document via WIPO

DAS, the priority document will be considered to satisfy the requirement under

37 CFR

1.55

for a certified copy of the priority document. If the WIPO

access code is not provided in accordance with Administrative Instruction 408, the

WIPO access code may be provided to the USPTO by submitting in the nonprovisional

international design application a corrected application data sheet

(

37 CFR

1.76(c)

) and a request for a corrected filing receipt.

Applicants are reminded that they continue to bear the ultimate responsibility for

ensuring that the priority document is filed during the pendency of the application

and before the patent is issued. Accordingly, applicants are encouraged to provide

the WIPO access code to the USPTO as soon as possible and to check as necessary to

confirm receipt by the USPTO of appropriate documents.

When making a foreign priority claim to an earlier

filed international design application pursuant to

35 U.S.C.

386(a)

or

document is filed during the pendency of the application

and before the patent is issued. Accordingly, applicants are encouraged to provide

the WIPO access code to the USPTO as soon as possible and to check as necessary to

confirm receipt by the USPTO of appropriate documents.

When making a foreign priority claim to an earlier

filed international design application pursuant to

35 U.S.C.

386(a)

or

(b)

and

37 CFR

1.55

, the USPTO will accept identification of the earlier

international design application either by the application number assigned by the

International Bureau or by its international registration number. Applicants should

note, however, that on January 15, 2020, the International Bureau became a depositing

office under WIPO DAS for international design applications and, to utilize WIPO DAS

for retrieval of an international design application, the international design

application must be identified by the application number in a specified format (i.e.,

WIPONNNNN or WIPONNNNNN (for electronic direct filings with the International

Bureau), or NNNNNNNNN (for indirect filings or paper applications)). See Tip #5 on

the Electronic Priority Document Exchange (PDX) Program site on

www.uspto.gov/PatentsPDX/

.

The USPTO site also includes information regarding the application number format for

other types of foreign applications needed for retrieval via WIPO DAS.

Pursuant to

35 U.S.C. 119(a)

and

172

, and

37 CFR 1.55(b)(1)

, the

nonprovisional international design application must be filed not later than six

months after the date on which the foreign application was filed, or be entitled to

claim the benefit under

35 U.S.C. 120

,

121

,

365(c)

, or

386(c)

of an application that was

filed within this six month period. Where a nonprovisional international design

application directly claims priority to a foreign application, the six month period

is measured with respect to the U.S

filed not later than six

months after the date on which the foreign application was filed, or be entitled to

claim the benefit under

35 U.S.C. 120

,

121

,

365(c)

, or

386(c)

of an application that was

filed within this six month period. Where a nonprovisional international design

application directly claims priority to a foreign application, the six month period

is measured with respect to the U.S. filing date of the international design

application, which may or may not be the same as the international filing date

assigned by the International Bureau. See

MPEP §§

2906-2908

. Where there was a delay in filing the subsequent

application within this six month period, the right of priority may be restored under

the conditions set forth in

37 CFR 1.55(c)

and

MPEP §

213.03

, subsection III.