Are there any subject matter restrictions for claiming priority based on inventor’s certificates?
Yes, there can be subject matter restrictions when claiming priority based on inventor’s certificates. The MPEP 213.05 states:
Certain countries which grant both patents and inventor’s certificates issue only inventor’s certificates on certain subject matter, generally pharmaceuticals, foodstuffs, and cosmetics.
This means that for certain types of inventions, some countries may only offer inventor’s certificates and not patents. However, this doesn’t necessarily prevent an applicant from claiming priority in the US. The key requirement is that the option to file for either a patent or an inventor’s certificate must have generally existed in the country for the particular subject matter of the invention, even if it wasn’t available for the specific invention in question.
Applicants must still provide an affidavit or declaration as required by 37 CFR 1.55(l), stating that they had the option to file for either a patent or an inventor’s certificate for the subject matter forming the basis of the priority claim.
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