Can I claim priority to an inventor’s certificate?
Yes, under certain conditions, an applicant can claim priority based on an application for an inventor’s certificate. MPEP 213.05 explains: ‘An inventor’s certificate may form the basis for rights of priority under 35 U.S.C. 119(d) only when the country in which it is filed gives to applicants, at their discretion, the right to apply, on…
Read MoreWhat is the effect of restoration of the right of priority on pre-AIA applications?
While restoration of the right of priority allows for valid priority claims up to 14 months from the earliest priority date (or 8 months for design applications), pre-AIA applications are still subject to the 12-month statutory bar under pre-AIA 35 U.S.C. 102(b) and (d). MPEP 213.03 clarifies: ‘It should be noted that although an application…
Read MoreHow do I claim priority in a U.S. national stage application?
For international applications entering the U.S. national stage under 35 U.S.C. 371, the priority claim must be made within the time limit set by the PCT and its regulations. MPEP 213.06 states: ‘In an international application entering the national stage under 35 U.S.C. 371, the claim for priority must be made and a certified copy…
Read MoreHow do I claim priority to an international design application?
Priority to an international design application can be claimed in a U.S. nonprovisional application or in another international design application designating the U.S. MPEP 213.07 states: ‘Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C.…
Read MoreWhen did the provisions of 35 U.S.C. 386(a) and (b) become effective?
The provisions of 35 U.S.C. 386(a) and (b) became effective for certain types of applications filed on or after May 13, 2015. According to MPEP 213.07: The provisions of 35 U.S.C. 386(a) and (b) apply to nonprovisional applications, international applications (PCT) and international design applications filed on or after May 13, 2015, and patents issued…
Read MoreWhat happens if I file multiple foreign applications for the same invention?
When multiple foreign applications are filed for the same invention, the right of priority is generally based on the earliest filed application. MPEP 213.03 explains: ‘The twelve months is from earliest foreign filing except as provided in 35 U.S.C. 119(c). If an inventor has filed an application in France on October 4, 1981, and an…
Read MoreWhat types of prior applications can be used for claiming priority in an international design application designating the United States?
An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07: Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35…
Read MoreWhat is the time period for filing a priority claim in an international design application designating the United States?
The time period for filing a priority claim in an international design application designating the United States depends on whether it’s a nonprovisional international design application or not. According to MPEP 213.07: In an international design application designating the United States, the claim for priority may be made in accordance with the Hague Agreement and…
Read MoreHow does the right of priority under 35 U.S.C. 386(a) differ from 35 U.S.C. 386(b)?
The right of priority under 35 U.S.C. 386(a) and 386(b) applies to different types of applications. According to MPEP 213.07: Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign priority in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 with respect to…
Read MoreWhat is the requirement for the same inventor or joint inventor in foreign priority claims?
For a valid foreign priority claim, the U.S. application and the foreign application must name the same inventor or have at least one joint inventor in common. This requirement ensures that the right of priority is properly linked between the applications. As stated in MPEP 213.02: “Pursuant to 35 U.S.C. 119(a), the foreign application must…
Read More