Can the foreign priority application be filed by an assignee, legal representative or agent of the inventor?

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 216 - Entitlement to Priority, Patent Law, Patent Procedure
Tags: assignee rights, foreign application, legal representative, patent agents, perfecting priority claim, service to applicant