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.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 213-Right of Priority of Foreign Application,
Patent Law,
Patent Procedure