Can priority be claimed based on applications filed in regional patent offices?
Yes, applicants can claim priority under 35 U.S.C. 119(a)-(d) based on applications filed in certain foreign regional patent offices. The MPEP states:
“In addition to the list of recognized countries set forth in subsection I, above, applicants may claim priority under 35 U.S.C. 119(a)-(d) to applications filed in foreign regional patent offices having member states who are members of the Paris Convention.”
The recognized regional patent offices include:
- African Regional Intellectual Property Organization (ARIPO)
- Eurasian Patent Office (EAPO)
- European Patent Office (EPO)
- Gulf Cooperation Council (GCC) Patent Office
- African Intellectual Property Organization (OAPI)
These regional patent offices allow applicants to file a single application that can have effect in multiple member states, streamlining the international patent application process.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 213-Right of Priority of Foreign Application,
Patent Law,
Patent Procedure