Can I claim priority to an inventor’s certificate?

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.