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…

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What is required when submitting a certified copy of a foreign application for priority purposes?

When submitting a certified copy of a foreign application for priority purposes, the following requirements apply: If the certified copy is not in English, a translation is required The translation must be of the certified copy of the foreign application as filed The translation must be filed together with a statement that the translation of…

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How does the AIA’s first-inventor-to-file (FITF) provision affect perfecting foreign priority claims?

The America Invents Act’s (AIA) first-inventor-to-file (FITF) provision has significant implications for perfecting foreign priority claims, especially in cases where the foreign application has a pre-March 16, 2013 filing date. Key points include: If a patent was examined under FITF provisions, but the foreign priority application has a pre-AIA filing date, perfecting the priority claim…

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Can 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…

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What 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…

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