How does WTO membership affect foreign priority rights?

How does WTO membership affect foreign priority rights?

World Trade Organization (WTO) membership has significant implications for foreign priority rights in patent applications:

• WTO member countries are treated as Paris Convention countries for priority purposes.
• Applicants from WTO member countries can claim priority in the U.S., even if the country is not a Paris Convention signatory.
• The same 12-month priority period applies to applications from WTO member countries.
• WTO membership expands the pool of countries eligible for foreign priority claims.

MPEP 213.01 states: “A foreign application filed in a WTO member country on or after the date on which the country becomes a WTO member country is also entitled to the right of priority.” This provision ensures broader international protection opportunities for inventors and applicants.