35 U.S.C. § 365 — Right of priority; benefit of the filing date (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 365 Right of priority; benefit of the filing date
This page consolidates MPEP guidance interpreting 35 U.S.C. § 365, including 73 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
Section 35 USC 365 governs the right of priority and filing date benefits for international patent applications, enabling inventors to secure patent protection across multiple jurisdictions while maintaining their original priority date.
What this section covers
- The process of claiming priority for international patent applications filed under 35 U.S.C. 365.
- Conditions for establishing priority rights in patent applications across recognized countries and regional patent offices.
Key obligations
- Ensure the international application contains a designation of at least one country for patent protection.
- Comply with specific requirements for claiming priority from a previous patent application.
Conditions and exceptions
- Understand the common ownership exceptions for priority claims.
Practice notes
- Be aware of the specific rules governing PCT filing and its effects on priority claims.
- Pay careful attention to the scope and limitations of Article 19 amendments in international applications.
Official MPEP § 365 — Right of priority; benefit of the filing date
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 365 Right of priority; benefit of the filing date of a prior application.
- (a) In accordance with the conditions and requirements of subsections (a) through (d) of section 119 , a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States.
- (b) In accordance with the conditions and requirements of section 119(a) and the treaty and the Regulations, an international application designating the United States shall be entitled to the right of priority based on a prior foreign application, or a prior international application designating at least one country other than the United States. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7) , to accept an unintentionally delayed claim for priority under the treaty and the Regulations, and to accept a priority claim that pertains to an application that was not filed within the priority period specified in the treaty and Regulations, but was filed within the additional 2-month period specified under section 119(a) or the treaty and Regulations.
- (c) In accordance with the conditions and requirements of section 120 , an international application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application designating the United States, or a prior international design application as defined in section 381(a)(6) designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application which designated but did not originate in the United States, or a prior international design application as defined in section 381(a)(6) which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.
(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 686; amended Nov. 8, 1984, Public Law 98-622, sec. 403(a), 98 Stat. 3392; Dec. 8, 1994, Public Law 103-465, sec. 532(c)(4), 108 Stat. 4987; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, sec. 20(j) (effective Sept. 16, 2012), 125 Stat. 284; subsection (b) amended Dec. 18, 2012, Public Law 112-211, sec. 201(c)(2), 126 Stat. 1535; subsection (c) amended Dec. 18, 2012, Public Law 112-211, sec. 102(8) (effective May 13, 2015), 126 Stat. 1532.)
- Aia Practice
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- Prior Art Pre Aia
- Application Types
- App Types Provisional
- Continuing Applications
- Cip Applications
- Continuation Applications
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- Assignment Ownership
- Recording Assignments
- Recording Requirements
- Certificate Of Mailing
- Certified Copies
- Design Patents
- Design Priority Benefit
- Examination Procedure
- Examination Order
- Rce Practice
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- International Design
- Ida Examination
- Patent Application Content
- Filing Date Requirements
- Patent Term
- Term Basics
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- Pct Amendments Article 19
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- Pct Request
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- Benefit Delayed
- Foreign Priority
- Priority Certified Copy
- Section 102
- Aia Vs Preaia 102
- Common Ownership Exception
- Public Use Sale
- On Sale Elements