What is required for claiming priority to a foreign application?

Claiming priority to a foreign application is governed by the Paris Convention, which allows an applicant to claim the filing date of a prior foreign application as their own for up to one year. This requires certain formalities to be met in the subsequent application filed in the United States.

For the correct choice, inclusion of the claim in a signed Application Data Sheet (ADS) is a key requirement. The signed ADS must explicitly assert the priority claim. Additionally, a certified copy of the foreign application is necessary to provide the U.S. Patent and Trademark Office (USPTO) with proof of the earlier filing. This helps to ensure that the U.S. application is aligned with the specifications of the original foreign application, allowing the USPTO to verify the legitimacy and content of the priority claim.

In contrast, simply submitting a declaration or permission from the inventor lacks the formal requirements stipulated by the USPTO. The priority claim must be formally documented through the ADS and supported by concrete evidence, such as the certified copy of the foreign application, to establish a clear and verifiable basis for the priority.

This combination of a clear and formal declaration in the ADS along with the certified foreign application ensures that the necessary legal framework for claiming priority is upheld.