Can a patent application claim both foreign priority and domestic benefit?

Yes, a US patent application can claim both foreign priority and domestic benefit simultaneously. This is known as a ‘multiple priority claim’ or ‘multiple benefit claim.’ The MPEP 216 states:

‘It is possible for a U.S. application to be entitled to the benefit of an earlier U.S. filing date and also to the right of priority of a foreign application.’

Here’s how it works:

• The application can claim foreign priority under 35 U.S.C. 119(a)-(d) to a foreign application filed within the past 12 months.
• At the same time, it can claim domestic benefit under 35 U.S.C. 120 to an earlier US application.
• The earlier US application can also claim foreign priority to the same foreign application.

This allows the US application to potentially have an effective filing date that is earlier than both its actual filing date and the filing date of the US application it claims benefit from.

For more information on domestic benefit, visit: domestic benefit.

For more information on foreign priority, visit: foreign priority.