What is the requirement for the same inventor or at least one common joint inventor in foreign priority claims?
For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives. As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that…
Read MoreHow do I claim priority to a PCT international application?
Claiming priority to a PCT international application can be done in two ways: In a U.S. national stage application under 35 U.S.C. 371: The priority claim is made in the PCT application No further action is needed when entering the national stage In a U.S. nonprovisional application under 35 U.S.C. 111(a): File within 12 months…
Read MoreHow do I claim priority to a provisional application in a later-filed nonprovisional application?
Claiming priority to a provisional application is different from claiming foreign priority. To claim the benefit of a provisional application in a later-filed nonprovisional application: The nonprovisional must be filed within 12 months of the provisional filing date A specific reference to the provisional application must be made in an application data sheet The provisional…
Read MoreCan I claim priority to multiple foreign applications?
Yes, it is possible to claim priority to multiple foreign applications in a U.S. patent application, provided certain conditions are met: Each foreign application must independently meet the requirements for a priority claim The U.S. application must be filed within 12 months of the earliest filed foreign application The claimed subject matter must be supported…
Read MoreWhat is a certified copy of a foreign application and when must it be filed?
A certified copy of a foreign application is an official copy of the foreign patent application, certified by the patent office where it was filed. It is required to perfect a claim of foreign priority in a U.S. patent application. According to 37 CFR 1.55(f), for applications filed on or after March 16, 2013: “A…
Read MoreHow does 35 U.S.C. 365 affect the right of priority for international applications?
35 U.S.C. 365 addresses the right of priority for international applications in two key aspects: National applications based on international applications International applications based on foreign applications The MPEP states: “35 U.S.C. 365(a) provides that a national application shall be entitled to the right of priority based on a prior international application of whatever origin,…
Read MoreWhat is the significance of 35 U.S.C. 386 for international design applications?
35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios: National applications claiming priority from international design applications International design applications claiming priority from prior foreign applications The MPEP explains: “Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign…
Read MoreCan a U.S. applicant claim priority from a provisional application filed in a foreign country?
Yes, a U.S. applicant can claim priority from a provisional application filed in a foreign country, provided certain conditions are met. The MPEP 213 states: An applicant may claim the right of priority based on a prior foreign application under the Paris Convention and 35 U.S.C. 119(a)-(d) whether the foreign application is an application for…
Read MoreWhat is the difference between a ‘country’ and a ‘regional patent office’ in the context of foreign priority claims?
In the context of foreign priority claims, there’s an important distinction between a ‘country’ and a ‘regional patent office’: Country: A sovereign nation that has its own patent system and can issue patents directly. Regional Patent Office: An intergovernmental organization that processes patent applications on behalf of multiple member countries. The MPEP states: The right…
Read MoreWhat are the requirements for claiming foreign priority in a U.S. patent application?
To claim foreign priority in a U.S. patent application, several requirements must be met as outlined in MPEP 213. These include: Timely filing: The U.S. application must be filed within 12 months of the foreign application’s filing date (6 months for design patents) Proper claim: The priority claim must be made in an application data…
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