Can the foreign priority application be filed by an assignee, legal representative or agent of the inventor?

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, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims MPEP 216 - Entitlement to Priority Patent Law Patent Procedure
Tags: Aia Practice, Certified Copy Ordering, Disclosure Individuals, Disclosure Timing, Materiality Standard