Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
Yes, a nonprovisional application can be entitled to different foreign filing dates for different claims. This can occur in two scenarios:
- The application may be found entitled to the filing date of a foreign application for some claims but not for others.
- An applicant may rely on two or more different foreign applications and may be entitled to the filing date of one application for certain claims and to another for other claims.
The MPEP states: “A nonprovisional application may be found entitled to the filing date of the foreign application with respect to some claims and not with respect to others. In addition, an applicant may rely on two or more different foreign applications and may be entitled to the filing date of one of them with respect to certain claims and to another with respect to other claims.” (MPEP 216)
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 216 - Entitlement to Priority,
Patent Law,
Patent Procedure