35 U.S.C. § 386 — Right of priority (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 386 Right of priority
Source: Patent Statute (35 U.S.C.)BlueIron Update:
This page consolidates MPEP guidance interpreting 35 U.S.C. § 386, including 59 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
35 USC 386 governs the right of priority, allowing nonprovisional patent applications to claim an earlier foreign filing date under specific international patent law conditions.
What this section covers
- Scope of foreign priority claims for nonprovisional patent applications under US patent law
- Countries and regional patent offices recognized for priority claims under international treaties
Key obligations
- Comply with requirements for claiming foreign priority under 35 U.S.C. 386
- Comply with specific conditions for priority claims under 35 U.S.C. 386
- Properly document and substantiate foreign priority claims in nonprovisional applications
Conditions and exceptions
- Special requirements for design patent priority claims
Practice notes
- Track and timely file priority claims within prescribed timeframes
- Verify eligibility of original foreign application for priority claims
Official MPEP § 386 — Right of priority
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 386 Right of priority.
- (a) NATIONAL APPLICATION.—In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172 , a national application shall be entitled to the right of priority based on a prior international design application that designated at least 1 country other than the United States.
- (b) PRIOR FOREIGN APPLICATION.—In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172 and the treaty and the Regulations, an international design application designating the United States shall be entitled to the right of priority based on a prior foreign application, a prior international application as defined in section 351(c) designating at least 1 country other than the United States, or a prior international design application designating at least 1 country other than the United States.
- (c) PRIOR NATIONAL APPLICATION.—In accordance with the conditions and requirements of section 120 , an international design application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application as defined in section 351(c) designating the United States, or a prior international design application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international design application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application as defined in section 351(c) which designated but did not originate in the United States or a prior international design application 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 Dec. 18, 2012, Public Law 112-211, sec. 101(a) (effective May 13, 2015), 126 Stat. 1529.)
- Aia Practice
- Prior Art Aia
- Application Types
- App Types Provisional
- Continuing Applications
- Continuation Applications
- Design Patents
- Design Application
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- Design Priority Benefit
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- International Design
- Hague Principles
- Ida Examination
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- Ida Requirements
- Ida Contents
- Patent Application Content
- Filing Date Requirements
- Pct
- Pct Amendments Article 19
- Pct Filing
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- Benefit Delayed
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