Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Can I claim priority to a provisional application filed in a foreign country?
No, you cannot claim priority to a provisional application filed in a foreign country. The MPEP 213.02 states:
‘Note that a foreign filed provisional application is not eligible for priority benefit.’
Priority claims can only be made to non-provisional applications or other types of applications that are recognized under the Paris Convention. Provisional applications are unique to the U.S. patent system and are not recognized as priority documents in foreign countries or under international agreements.
To learn more:
Topics:
MPEP 200 – Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure