Patent Law FAQ

The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories:

• Parties to the Patent Cooperation Treaty (PCT)
• Parties to the Paris Convention for the Protection of Industrial Property
• Members of the World Trade Organization (WTO)

The MPEP states: “Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a)-(d) has been recognized.”

For the most current list of recognized countries, refer to the WIPO website at www.wipo.int/pct/en/paris_wto_pct.html.

The United States recognizes the right of priority for patent applications filed in countries that are:

• Parties to the Patent Cooperation Treaty (PCT)
• Members of the Paris Convention for the Protection of Industrial Property
• Members of the World Trade Organization (WTO)

The MPEP states: Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a) – (d) has been recognized. For the most up-to-date list of recognized countries, refer to the WIPO website.

To learn more:

• recognized countries
• priority claim
• PCT
• Paris Convention
• WTO

The USPTO determines if a foreign country qualifies for priority rights based on specific criteria outlined in the MPEP. According to MPEP 213.01:

The right of priority is recognized only if the foreign country in which the original application was filed is recognized at the time of filing the application in the United States.

The USPTO considers several factors:

• The country must be a member of the Paris Convention for the Protection of Industrial Property or have a bilateral agreement with the United States.
• The country must grant similar priority rights to U.S. citizens.
• The country must be recognized by the U.S. Department of State.

The USPTO maintains a list of recognized countries and regional patent offices in MPEP 213.01, which is updated periodically to reflect changes in international relations and treaty memberships.

The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories:

• Parties to the Patent Cooperation Treaty (PCT)
• Parties to the Paris Convention for the Protection of Industrial Property
• Members of the World Trade Organization (WTO)

The MPEP states: “Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a)-(d) has been recognized.”

For the most current list of recognized countries, refer to the WIPO website at www.wipo.int/pct/en/paris_wto_pct.html.

The USPTO determines if a foreign country qualifies for priority rights based on specific criteria outlined in the MPEP. According to MPEP 213.01:

The right of priority is recognized only if the foreign country in which the original application was filed is recognized at the time of filing the application in the United States.

The USPTO considers several factors:

• The country must be a member of the Paris Convention for the Protection of Industrial Property or have a bilateral agreement with the United States.
• The country must grant similar priority rights to U.S. citizens.
• The country must be recognized by the U.S. Department of State.

The USPTO maintains a list of recognized countries and regional patent offices in MPEP 213.01, which is updated periodically to reflect changes in international relations and treaty memberships.

The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories:

• Parties to the Patent Cooperation Treaty (PCT)
• Parties to the Paris Convention for the Protection of Industrial Property
• Members of the World Trade Organization (WTO)

The MPEP states: “Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a)-(d) has been recognized.”

For the most current list of recognized countries, refer to the WIPO website at www.wipo.int/pct/en/paris_wto_pct.html.

The United States recognizes the right of priority for patent applications filed in countries that are:

• Parties to the Patent Cooperation Treaty (PCT)
• Members of the Paris Convention for the Protection of Industrial Property
• Members of the World Trade Organization (WTO)

The MPEP states: Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a) – (d) has been recognized. For the most up-to-date list of recognized countries, refer to the WIPO website.

To learn more:

• recognized countries
• priority claim
• PCT
• Paris Convention
• WTO

The USPTO determines if a foreign country qualifies for priority rights based on specific criteria outlined in the MPEP. According to MPEP 213.01:

The right of priority is recognized only if the foreign country in which the original application was filed is recognized at the time of filing the application in the United States.

The USPTO considers several factors:

• The country must be a member of the Paris Convention for the Protection of Industrial Property or have a bilateral agreement with the United States.
• The country must grant similar priority rights to U.S. citizens.
• The country must be recognized by the U.S. Department of State.

The USPTO maintains a list of recognized countries and regional patent offices in MPEP 213.01, which is updated periodically to reflect changes in international relations and treaty memberships.

The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories:

• Parties to the Patent Cooperation Treaty (PCT)
• Parties to the Paris Convention for the Protection of Industrial Property
• Members of the World Trade Organization (WTO)

The MPEP states: “Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a)-(d) has been recognized.”

For the most current list of recognized countries, refer to the WIPO website at www.wipo.int/pct/en/paris_wto_pct.html.

The United States recognizes the right of priority for patent applications filed in countries that are:

• Parties to the Patent Cooperation Treaty (PCT)
• Members of the Paris Convention for the Protection of Industrial Property
• Members of the World Trade Organization (WTO)

The MPEP states: Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a) – (d) has been recognized. For the most up-to-date list of recognized countries, refer to the WIPO website.

To learn more:

• recognized countries
• priority claim
• PCT
• Paris Convention
• WTO

The USPTO determines if a foreign country qualifies for priority rights based on specific criteria outlined in the MPEP. According to MPEP 213.01:

The right of priority is recognized only if the foreign country in which the original application was filed is recognized at the time of filing the application in the United States.

The USPTO considers several factors:

• The country must be a member of the Paris Convention for the Protection of Industrial Property or have a bilateral agreement with the United States.
• The country must grant similar priority rights to U.S. citizens.
• The country must be recognized by the U.S. Department of State.

The USPTO maintains a list of recognized countries and regional patent offices in MPEP 213.01, which is updated periodically to reflect changes in international relations and treaty memberships.