How does the Paris Convention affect international patent applications designating the United States?

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.

The Paris Convention plays a significant role in international patent applications designating the United States. According to MPEP 211.01(c):

‘International applications, which designate the United States, that are filed on or after November 29, 2000, are subject to the provisions of the Patent Cooperation Treaty (PCT). International applications, which designate the United States, that are filed before November 29, 2000, are subject to the provisions of both the PCT and the Paris Convention for the Protection of Industrial Property.’

This means that for applications filed on or after November 29, 2000, the PCT rules govern, while earlier applications must comply with both PCT and Paris Convention provisions. The Paris Convention ensures certain rights, such as a 12-month priority period, for patent applicants across member countries, facilitating the international protection of inventions.