Patent Law FAQ

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

Here’s the complete FAQ:

How does WTO membership affect foreign priority rights?

World Trade Organization (WTO) membership has significant implications for foreign priority rights in patent applications:

  • WTO member countries are treated as Paris Convention countries for priority purposes.
  • Applicants from WTO member countries can claim priority in the U.S., even if the country is not a Paris Convention signatory.
  • The same 12-month priority period applies to applications from WTO member countries.
  • WTO membership expands the pool of countries eligible for foreign priority claims.

MPEP 213.01 states: “A foreign application filed in a WTO member country on or after the date on which the country becomes a WTO member country is also entitled to the right of priority.” This provision ensures broader international protection opportunities for inventors and applicants.