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12 - Unintentionally Delayed Foreign Priority Claims

Deciding Office: The Office of Petitions

The criteria for a Petition related to Unintentionally Delayed Priority Claims are set forth in 37 CFR 1.55

In general, these are the steps to follow for filing a Petition related to Unintentionally Delayed Priority Claims:

  • A Petition under 37 CFR 1.55(c) to accept an Unintentionally Delayed Priority Claim requires: (1) the nonprovisional application claiming the benefit of an earlier filing date must be filed on or after November 29, 2000; (2) the claim submitted with the petition must identify the prior foreign application for which priority is claimed, as well as any foreign application for the same subject matter and having a filing date before that of the application for which priority is claimed, by the application number, country, and filing date, and be included either in an oath or declaration (37 CFR 1.63(c)(2)) or in an Application Data Sheet (37 CFR 1.76(b)(6)); (4) the surcharge as set forth in 37 CFR 1.17 (t), a statement that the entire delay between the date the claim was due under 37 CFR 1.55(a)(1) and the date the claim was filed was Unintentional; and (5) the nonprovisional application must be filed within 12 months of the filing date of the foreign application.  The Director may require additional information where there is a question whether the delay was unintentional.

Fees:

  • For the proper petition fee required for a Petitions related to Unintentionally Delayed Priority Claims, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1454/2454/3454 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to File:

For the relevant patent laws and rules applicable to for Petitions related to Unintentionally Delayed Priority Claims, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 37 CFR 1.55, Claim  for foreign priority;
  • MPEP § 201.11, Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e); and
  • MPEP § 201.14, Right of Priority, Formal Requirements.

Forms: 

No form available.  Submit a signed request that includes information listed in Requirements of a Petition.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

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Last Modified: 10/23/2013 11:41:27 AM