Can I claim priority from an application filed in a non-Paris Convention country?
Yes, you can claim priority from an application filed in a country that is not party to the Paris Convention, as long as that country is a member of the World Trade Organization (WTO). The MPEP states:
“Under PCT Rule 4.10, an applicant may claim the priority of an application filed in or for a State which is a Member of the World Trade Organization (WTO), even if that State is not party to the Paris Convention for the Protection of Industrial Property (Paris Convention).“
However, it’s important to note that “a PCT Contracting State that is not a Member of the WTO would not be obliged to recognize the effects of such a priority claim.” This means that while you can make the claim, its recognition may be limited in certain jurisdictions.
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