PCT AI Section 213 — Declaration as to the Applicant’s Entitlement to Claim Priority — MPEP Index – BlueIron IP
PCT AI Section 213 Declaration as to the Applicant’s Entitlement to Claim Priority
This page consolidates MPEP guidance interpreting PCT AI Section 213, including 0 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.
Official MPEP § 213 — Declaration as to the Applicant’s Entitlement to Claim Priority
Source: USPTOLast Modified: 10/30/2024 08:50:22
213 Declaration as to the Applicant’s Entitlement to Claim Priority of Earlier Application
Any declaration as to the applicant’s entitlement, as at the international filing date, to claim priority of the earlier application, referred to in Rule 4.17(iii) , shall be worded as follows, with such inclusion, omission, repetition and re-ordering of the matters listed as items (i) to (viii) as is necessary to explain the applicant’s entitlement:
“Declaration as to the applicant’s entitlement, as at the international filing date, to claim the priority of the earlier application specified below, where the applicant is not the applicant who filed the earlier application or where the applicant’s name has changed since the filing of the earlier application ( Rules 4.17(iii) and 51bis.1(a)(iii) ):
in relation to [this] international application [No. PCT/…],
… (name) is entitled to claim priority of earlier application No. … by virtue of the following:
(i) the applicant is the inventor of the subject matter for which protection was sought by way of the earlier application
(ii) … (name) [is] [was] entitled as employer of the inventor, … (inventor’s name)
(iii) an agreement between … (name) and … (name), dated …
(iv) an assignment from … (name) to … (name), dated …
(v) consent from … (name) in favor of … (name), dated …
(vi) a court order, issued by …. (name of court) , effecting a transfer from … (name) to … (name), dated …
(vii) transfer of entitlement from … (name) to … (name) by way of … (specify kind of transfer), dated …
(viii) the applicant’s name changed from … (name) to … (name) on … (date)”