Can priority be claimed based on applications filed under bilateral or multilateral treaties?
Yes, priority can be claimed based on applications filed under bilateral or multilateral treaties. The MPEP states:
Under Article 4A of the Paris Convention for the Protection of Industrial Property, a right of priority may be based on an application for a patent or for the registration of a utility model or an industrial design filed under the national law of a foreign country adhering to the Convention, or on a foreign application filed under a bilateral or multilateral treaty concluded between two or more such countries.
Examples of such treaties include:
- The Hague Agreement Concerning the International Registration of Industrial Designs
- The Convention on the Grant of European Patents (European Patent Office)
- The Patent Cooperation Treaty (PCT)
- The International Convention for the Protection of New Varieties of Plants (UPOV)
Applications filed in regional patent offices, such as the European Patent Office (EPO) or the African Regional Intellectual Property Organization (ARIPO), can also serve as a basis for priority claims.
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