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Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

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How does 35 U.S.C. 365 affect the right of priority for international applications?

35 U.S.C. 365 addresses the right of priority for international applications in two key aspects:

  1. National applications based on international applications
  2. International applications based on foreign applications

The MPEP states:

“35 U.S.C. 365(a) provides that a national application shall be entitled to the right of priority based on a prior international application of whatever origin, which designated any country other than, or in addition to, the United States.”

“35 U.S.C. 365(b) provides that an international application designating the United States shall be entitled to the right of priority of a prior foreign application which may either be another international application or a regularly filed foreign application.”

These provisions ensure that applicants can claim priority based on international applications, enhancing the flexibility of the international patent system.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 213-Right of Priority of Foreign Application, Patent Law, Patent Procedure
Tags: 35 U.S.C. 365, international applications, PCT applications, right of priority
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