Which items must be included to claim foreign priority under Section 119?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

To claim foreign priority under Section 119, it is essential to provide specific items that establish a right to priority based on an earlier-filed foreign application. The correct response includes having a claim set along with the relevant details of the foreign application.

The claim set is necessary as it outlines the specific invention being claimed and must align with what was filed in the foreign application. Additionally, the foreign application details—such as the filing date, application number, and country—must be included to substantiate the connection to the earlier application. This information is crucial for determining the priority date of the claimed invention and for assessing novelty and non-obviousness with respect to the prior art.

Having the appropriate documentation ensures compliance with the legal requirements, enabling the applicant to leverage the priority claim effectively. In contrast, the other choices list items that are not part of the necessary documentation for claiming priority under Section 119, such as resumes, disclosure statements, or abstracts, which do not serve the purpose of establishing a foreign priority claim.

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