PCT priority date questions

[from MyPatentBar]

Applicant filed Japanese app. Then file PCT app, correctly claiming priority.

Then file USA national stage app. But there is prior art against USA app.

The prior art may be overcome if applicant can make a claim of priority to the Japanese National app.

Can the claim of priority be made?

I said Yes, so long as verified copy of Japanese National App is filed.

There may have been a 16-month requirement too, for claim of priority from the National(?) or PCT (?) app.

Or was that a different question? Sorry, there were 3 to 4 different Japanese app questions.

There definitely was a question that wanted to know about the 16-month (or was it 17?) requirement

for PCT apps, for correcting ..something..

7/18/07 — Sounds like MPEP1828, Priority Claim and Document, may be relevant.

Effective July 1, 1998, applicant may correct or add a priority claim by a notice submitted to

the Receiving Office or the International Bureau within 16 months from the priority date, or

where the priority date is changed, within 16 months from the priority date so changed,

whichever period expires first, provided that a notice correcting or adding a priority claim

may in any event be submitted until the expiration of 4 months from the international filing date.