Can I claim priority to multiple foreign applications for the same invention?

Yes, you can claim priority to multiple foreign applications for the same invention, provided they meet certain criteria. The MPEP 213.02 addresses this situation:

Where two or more foreign applications are combined in a single U.S. application, to take advantage of the changes to 35 U.S.C. 103 or to claim both priority and the benefit of the filing date of an earlier application, the claimed subject matter in the U.S. application is entitled only to the earliest date to which it is entitled in any of the included foreign applications.

To claim priority to multiple foreign applications:

  • Each foreign application must be properly identified in the application data sheet (ADS)
  • Certified copies of all foreign applications must be submitted
  • The U.S. application must be filed within 12 months of the earliest filed foreign application

Note: The effective priority date for any claimed subject matter will be the earliest applicable date from the foreign applications.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: foreign priority