Eighteen-Month Publication

• Priority/continuity claims:

• The period set in 37 CFR 1.55 and 1.78 for presenting claims under 35 U.S.C. §§ 119(b), (e), 120, 121, or 365 is the later of:

  • sixteen months from the claimed priority date, or
  • four months from the application filing date

(cf. PCT Rule 26bis.1(a))

• 35 U.S.C. §§ 119 and 120 also permit the USPTO to accept unintentionally delayed priority/ continuity claims (subject to a surcharge)

Previous slide

Next slide

Back to first slide

View graphic version