Can I claim priority to an inventor’s certificate?

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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. Yes, under certain conditions, an applicant can claim priority based on an application for an inventor’s certificate. MPEP 213.05 explains: ‘An inventor’s certificate may form the basis for rights of priority under 35 U.S.C. 119(d) only when the country in which it is filed gives to applicants, at their discretion, the right to apply, on the same invention, either for a patent or for an inventor’s certificate.’ To claim priority to an inventor’s certificate, the applicant must file an affidavit or declaration stating that they had the option to file for either a patent or an inventor’s certificate in the foreign country. For more information on foreign priority, visit: foreign priority . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Priority Based on Inventor’s Certificate MPEP 213 Permitted Option to File Patent or Inventor’s Certificate Must Be Disclosed MPEP 213 Required Foreign Application Must Cover Same Invention as US Application MPEP 213 Required Certified Copy of Foreign Application Required for PCT National Stage MPEP 213 Required Applicant May Claim Priority to Foreign Applications MPEP 213 Option to Apply for Patent or Inventor’s Certificate MPEP 213.05 Inventor’s Certificate Priority Requirement MPEP 213.05 Permitted Certified Copy of Foreign Application Must Be Filed Within Time Limits MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Four Months of National Stage Commencement or Sixteen Months from Prior Filing Date MPEP 213 Required Certified Copy of Foreign Application Due Within Specified Time MPEP 213 Required Other Related FAQs 5 FAQs Collapse Are there any subject matter restrictions for claiming priority b...