Can priority be claimed based on applications filed in regional patent offices?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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, 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
Tags: Aia Effective Dates, Disclosure Individuals, national stage requirements, Pct Filing Date, Pct Nationals Residents