How does the ‘first foreign application’ rule affect priority claims?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The ‘first foreign application’ rule states that the priority period is calculated from the earliest foreign filing, with some exceptions. This means: Priority can only be claimed to the first application filed for the invention. If multiple foreign applications were filed, only the earliest can serve as the basis for priority. Applications filed in non-recognized countries are disregarded for priority purposes. The MPEP provides an example: If an inventor has filed an application in France on October 4, 1981, and an identical application in the United Kingdom on March 3, 1982, and then files in the United States on February 2, 1983, the inventor is not entitled to the right of priority at all; the inventor would not be entitled to the benefit of the date of the French application since this application was filed more than twelve months before the U.S. application, and the inventor would not be entitled to the benefit of the date of the United Kingdom application since this application is not the first one filed. ( MPEP 213.03 ) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Copy of Decision Required for Priority Claim MPEP 213.03 Recommended First Foreign Application Not Recognized for Priority MPEP 213.03 12-Month Priority from Earliest Foreign Filing MPEP 213.03 Time Period for Priority Claim Not Extendable MPEP 213 Required Requirement for Foreign Application in WTO Member Country MPEP 213 Required Requirement for Priority to Foreign Applications MPEP 213 Permitted Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Right of Priority Can Be Restored Within Two Months MPEP 213.03 Right of Priority for Subsequent Foreign Appl...