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[obamican]

Couple of us were having a discussion about this, and thought I would raise it here.

Facts are:
-a U.S. Provisional was filed. 
-The US nonprovisional was filed 9 months later, claims priority to the provisional, and has additional information and data and of course claims in it. 
-The overall unity of invention is the same. 
-PCT was filed just before the 12 month time period and has the exact same disclosure as the nonprovisional. 
-PCT claims priority back to the provisional, but does not claim priority to the nonprovisional. 

Are there any foreseeable issues during foreign prosecution (assume EU for this purpose) that might arise for the PCT and EU nationalized relatives?

I think the answer is no, given the priority claim.  However, I'm also aware of issues in claiming priority to a CIP and having parent count against the PCT. 

Thanks

[Jonathan]

I haven't done it myself but is it possible to correct the priority claim on the PCT to additionally include the non-provisional application?

[vman11]

Rule 26bis

Correction or Addition of Priority Claim

26bis.1   Correction or Addition of Priority Claim

      (a)  The applicant may correct or add a priority claim by a notice submitted to the receiving Office or the International Bureau within a time limit of 16 months from the priority date or, where the correction or addition would cause a change in the priority date, 16 months from the priority date as so changed, whichever 16-month period expires first, provided that such a notice may be submitted until the expiration of four months from the international filing date. The correction of a priority claim may include the addition of any indication referred to in Rule 4.10.

      (b)  Any notice referred to in paragraph (a) received by the receiving Office or the International Bureau after the applicant has made a request for early publication under Article 21(2)(b) shall be considered not to have been submitted, unless that request is withdrawn before the technical preparations for international publication have been completed.

      (c)  Where the correction or addition of a priority claim causes a change in the priority date, any time limit which is computed from the previously applicable priority date and which has not already expired shall be computed from the priority date as so changed.

[bartmans]

Obamican,

there is a little time frame that may cause problems. I understand the provisional covered subject matter A, while the non-provisional and the PCt covered subject matter A + B. Your priority claim in both cases is only valid for A. This means that the critical date for subject matter B differs between your non-provisional and the PCT. For the nonprovisional it is X+9 months, for the PCT it is X+12 months. This could only create a difference if, whether by yourself or by a third party subject matter B was publicly disclosed in the three months between filing the non-provisional and the PCT.
This could indeed be restored by adding the priority claim to the non-provisional (if you would still be in the timeframe to do so).

Also note that in any case you will not be able to get an earlier critical date for B than X+9 months. This means that any publication on B before that date would be novelty destroying in all countries except for the USA (where you may be could be able to swear behind).