What are the differences between recognized countries and regional patent offices for foreign filing?
What are the differences between recognized countries and regional patent offices for foreign filing?
Recognized countries and regional patent offices both play important roles in foreign patent filing, but they have distinct characteristics. According to MPEP 213.01:
A ‘recognized’ country is one that meets the conditions of 35 U.S.C. 119(a)-(d), which include extending similar patent filing rights to U.S. citizens. Regional patent offices are intergovernmental organizations that have been authorized to receive and process patent applications on behalf of multiple member countries.
Key differences include:
- Jurisdiction: Recognized countries operate within their national borders, while regional offices cover multiple countries.
- Application Process: Filing with a recognized country results in a national patent, whereas regional office filings can lead to patents enforceable in multiple member states.
- Legal Framework: Recognized countries follow their national patent laws, while regional offices operate under a harmonized system agreed upon by member states.
Examples of regional patent offices include the European Patent Office (EPO) and the African Regional Intellectual Property Organization (ARIPO).
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure