Can I claim priority to a provisional application filed in a foreign country?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. No, you cannot claim priority to a provisional application filed in a foreign country. The MPEP 213.02 states: ‘Note that a foreign filed provisional application is not eligible for priority benefit.’ Priority claims can only be made to non-provisional applications or other types of applications that are recognized under the Paris Convention. Provisional applications are unique to the U.S. patent system and are not recognized as priority documents in foreign countries or under international agreements. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Applicant May Claim Priority to Foreign Applications MPEP 213 Requirement for Priority Document from Participating Office MPEP 213 Required Requirement for Priority to Foreign Applications MPEP 213 Permitted Claim for Priority Must Be Reasonably Interpreted MPEP 213.02 Required Same Inventor for Foreign Priority Claim MPEP 213 Required Time Period for Priority Claim Not Extendable MPEP 213 Required Priority Benefit for Foreign Application MPEP 213 Priority Benefit for US Patent Applications MPEP 213 Permitted Requirements for Claiming Priority to Foreign Application MPEP 213 Required Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted Other Related FAQs 5 FAQs Collapse What is an interim copy of a foreign priority document and when is it acceptable? What happens if the foreign application is not in English? What is required to make a proper priority claim in a U.S. patent application? What is the requirement for the same inventor or joint inventor in foreign priority claims? How can I claim priority to a foreign application filed in a non-English language?