Can foreign priority or domestic benefit be claimed during inter partes reexamination?

Yes, foreign priority or domestic benefit can be claimed during inter partes reexamination under certain circumstances. The MPEP states: “Amendments may be made to the specification to correct, for example, an inadvertent failure to claim foreign priority or the continuing status of the patent relative to a parent application if such correction is necessary to…

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What is the difference between ‘right of priority’ and ‘benefit of an earlier filing date’ in US patent applications?

The terms ‘right of priority’ and ‘benefit of an earlier filing date’ refer to different concepts in US patent law: Right of priority: This term is used in the context of foreign priority under 35 U.S.C. 119(a)-(d) and 365(a) and (b). It allows a US application to claim the priority date of a foreign application…

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What is the difference between a foreign priority claim and a domestic benefit claim?

Foreign priority claims and domestic benefit claims are two different ways of claiming the benefit of an earlier filing date: Foreign priority claims (under 35 U.S.C. 119(a)-(d)) are based on earlier applications filed in foreign countries Domestic benefit claims can be to earlier U.S. provisional (35 U.S.C. 119(e)) or nonprovisional (35 U.S.C. 120) applications Key…

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What is the difference between claiming priority and claiming benefit in patent applications?

Claiming priority and claiming benefit are two different mechanisms in patent law, though both can affect the effective filing date of a patent application: Claiming Priority: Typically refers to claiming the right of priority to a foreign application under 35 U.S.C. 119(a)-(d) and (f) Also includes priority claims to provisional applications under 35 U.S.C. 119(e)…

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