What is the requirement for the same inventor or joint inventor in foreign priority claims?

For a valid foreign priority claim, the U.S. application and the foreign application must name the same inventor or have at least one joint inventor in common. This requirement ensures that the right of priority is properly linked between the applications.

As stated in MPEP 213.02: “Pursuant to 35 U.S.C. 119(a), the foreign application must have been filed by the same applicant as the applicant in the United States, or by applicant’s legal representatives or assigns. Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.”

The MPEP further clarifies: “Joint inventors A and B in a nonprovisional application filed in the United States Patent and Trademark Office may properly claim the benefit of an application filed in a foreign country by A and another application filed in a foreign country by B, i.e., A and B may each claim the benefit of their foreign filed applications.”

This requirement ensures that the priority right is properly linked to the inventive entity responsible for the invention in both the foreign and U.S. applications.

For more information on foreign priority, visit: foreign priority.

For more information on joint inventors, visit: joint inventors.