Can an international application be used as a basis for priority in a U.S. national application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an international application can be used as a basis for priority in a U.S. national application. This is outlined in 35 U.S.C. 365(a), which states:

In accordance with the conditions and requirements of subsections (a) through (d) of section 119, a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States.

It’s important to note that the international application must have designated at least one country other than the United States to be eligible as a basis for priority.