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
Tags: ARIPO, DOE reporting, EAPO, foreign priority claims, Regional patent offices