A previous application for an European Patent Grant was "closed" by the European Patent Office. What is the time limit the same application can be filed with US Patent Office?

  • As asked, the question is very vague. When was the EPO filed, closed? Is the same inventor looking to file in the US?
    – Ron J.
    Jan 16, 2014 at 13:25
  • The original application was filed with EPO on February 14, 2010. EPO misunderstood claims and everyrhing and eventually refused the app by closing the files. Whose IP is this filed application. The applicant wants to file the sama application as an original new application with the amended claims already filed with EPO, which are, as EPO says patentable, as new and innovative, but not compatible with the original application filed with them
    – user7617
    Jan 17, 2014 at 0:05

1 Answer 1


According to MPEP 213 and 35 U.S.C. 119

Benefit of earlier filing date; right of priority.

(a) An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application .......................... if the application in this country is filed within twelve months from the earliest date on which such foreign application was filed.

In your case if twelve month have expired you will not to able to file application in US. In case you have filed PCT application time limit exceeds to 30 month from priority date.

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