What international agreements can form the basis for a priority claim?
Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions: The Paris Convention for the Protection of Industrial Property The Hague Agreement Concerning the International Registration of Industrial Designs The Benelux Designs Convention The Convention on the Grant of European Patents (European Patent Office) The Patent Cooperation Treaty…
Read MoreCan priority be claimed based on applications filed in regional patent offices?
Yes, applicants can claim priority under 35 U.S.C. 119(a)-(d) based on applications filed in certain foreign regional patent offices. The MPEP states: “In addition to the list of recognized countries set forth in subsection I, above, applicants may claim priority under 35 U.S.C. 119(a)-(d) to applications filed in foreign regional patent offices having member states…
Read MoreWhich countries are recognized for priority claims under 35 U.S.C. 119(a)-(d)?
The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories: Parties to the Patent Cooperation Treaty (PCT) Parties to the Paris Convention for the Protection of Industrial Property Members of the World Trade Organization (WTO) The MPEP states: “Following…
Read MoreWhat is the significance of regional patent offices in priority claims?
Regional patent offices play a crucial role in the international patent system, particularly for priority claims. MPEP 213.01 recognizes several regional patent offices whose applications can serve as the basis for priority claims in the United States. These include: European Patent Office (EPO) Eurasian Patent Office (EAPO) African Intellectual Property Organization (OAPI) African Regional Intellectual…
Read MoreHow does Taiwan’s status affect priority claims in US patent applications?
Taiwan’s unique political status has implications for patent priority claims in US applications. According to MPEP 213.01: ‘Applicants from Taiwan may claim priority under 35 U.S.C. 119(a)-(d) to applications filed in Taiwan which are filed by or on behalf of the governing authority on Taiwan.’ This special provision allows Taiwanese applicants to claim priority despite…
Read MoreHow does the USPTO handle priority claims under the PDX program?
The USPTO treats a proper priority claim to an application filed in a participating foreign intellectual property office as a request to obtain a copy of the foreign application. The MPEP states: The Office treats a proper priority claim under 37 CFR 1.55 to an application filed in a participating foreign intellectual property office as…
Read More