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 a patent or for the registration of a utility model or an industrial design.

Key points to consider:

• The foreign country must be a recognized country or regional patent office as listed in MPEP 213.01.
• The provisional application must be the first filing of the invention in any country.
• The U.S. application must be filed within 12 months of the foreign provisional filing date.
• The applicant must comply with all requirements for claiming priority, including submitting a certified copy of the foreign application.

It’s important to note that not all countries have provisional application systems, so the term ‘provisional’ may have different meanings in different jurisdictions. Always consult with a patent attorney or agent for specific advice on international priority claims.