Patent Law FAQ

An inventor’s certificate is a form of intellectual property protection offered in some countries. It can form the basis for priority rights under certain conditions, as stated in 35 U.S.C. 119(d):

Applications for inventors’ certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor’s certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patents…

This means that if an applicant had the option to file for either a patent or an inventor’s certificate in the foreign country, they can claim priority based on the inventor’s certificate application in the United States.

To learn more:

• inventor’s certificate
• patent priority
• foreign priority
• intellectual property

The USPTO recognizes that some countries have restrictions on who can apply for patents versus inventor’s certificates. As stated in MPEP 213.05:

It is recognized that certain countries that grant inventors’ certificates also provide by law that their own nationals who are employed in state enterprises may only receive inventors’ certificates and not patents on inventions made in connection with their employment. This will not impair their right to be granted priority in the United States based on the filing of the inventor’s certificate.

This means that even if an applicant was restricted to filing for an inventor’s certificate in their home country due to employment or nationality, they can still claim priority in the US based on that filing. The key factor is whether the option to file for either a patent or an inventor’s certificate generally existed in the country for the particular subject matter, not whether the specific applicant had that choice.

To learn more:

• inventor’s certificate
• patent priority
• foreign priority
• restricted options

An inventor’s certificate is a form of intellectual property protection offered in some countries. It can form the basis for priority rights under certain conditions, as stated in 35 U.S.C. 119(d):

Applications for inventors’ certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor’s certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patents…

This means that if an applicant had the option to file for either a patent or an inventor’s certificate in the foreign country, they can claim priority based on the inventor’s certificate application in the United States.

To learn more:

• inventor’s certificate
• patent priority
• foreign priority
• intellectual property

The USPTO recognizes that some countries have restrictions on who can apply for patents versus inventor’s certificates. As stated in MPEP 213.05:

It is recognized that certain countries that grant inventors’ certificates also provide by law that their own nationals who are employed in state enterprises may only receive inventors’ certificates and not patents on inventions made in connection with their employment. This will not impair their right to be granted priority in the United States based on the filing of the inventor’s certificate.

This means that even if an applicant was restricted to filing for an inventor’s certificate in their home country due to employment or nationality, they can still claim priority in the US based on that filing. The key factor is whether the option to file for either a patent or an inventor’s certificate generally existed in the country for the particular subject matter, not whether the specific applicant had that choice.

To learn more:

• inventor’s certificate
• patent priority
• foreign priority
• restricted options

An inventor’s certificate is a form of intellectual property protection offered in some countries. It can form the basis for priority rights under certain conditions, as stated in 35 U.S.C. 119(d):

Applications for inventors’ certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor’s certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patents…

This means that if an applicant had the option to file for either a patent or an inventor’s certificate in the foreign country, they can claim priority based on the inventor’s certificate application in the United States.

To learn more:

• inventor’s certificate
• patent priority
• foreign priority
• intellectual property

The USPTO recognizes that some countries have restrictions on who can apply for patents versus inventor’s certificates. As stated in MPEP 213.05:

It is recognized that certain countries that grant inventors’ certificates also provide by law that their own nationals who are employed in state enterprises may only receive inventors’ certificates and not patents on inventions made in connection with their employment. This will not impair their right to be granted priority in the United States based on the filing of the inventor’s certificate.

This means that even if an applicant was restricted to filing for an inventor’s certificate in their home country due to employment or nationality, they can still claim priority in the US based on that filing. The key factor is whether the option to file for either a patent or an inventor’s certificate generally existed in the country for the particular subject matter, not whether the specific applicant had that choice.

To learn more:

• inventor’s certificate
• patent priority
• foreign priority
• restricted options