What is an inventor’s certificate and how does it relate to patent priority rights?

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. An inventor’s certificate is a form of intellectual property protection offered in some countries. It can form the basis for priority rights under certain conditions, as stated in 35 U.S.C. 119(d) : Applications for inventors’ certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor’s certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patents… This means that if an applicant had the option to file for either a patent or an inventor’s certificate in the foreign country, they can claim priority based on the inventor’s certificate application in the United States. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Priority Based on Inventor’s Certificate MPEP 213 Permitted Option to File Patent or Inventor’s Certificate Must Be Disclosed MPEP 213 Required Right of Priority for International Designs MPEP 213 Right of Priority for Nonprovisional and International Design Applications Filed After May 13, 2015 MPEP 213 Permitted Inventors Certificates Have Same Priority Rights as Patents MPEP 213 Required Applicant May Claim Priority to Foreign Applications MPEP 213 Requirement for Priority to Foreign Applications MPEP 213 Permitted Requirement for Inventor's Certificate Priority Claim MPEP 213 Requirement for Foreign Application in WTO Member Country MPEP 213 Required Affidavit Required for Inventor's Certificate Priority Claim MPEP 213 Required Other Related FAQs 5 FAQs Collapse What is an interim copy of a foreign priority document and when is it acceptable? What is t...