How does the Patent Cooperation Treaty (PCT) affect foreign priority claims?

The Patent Cooperation Treaty (PCT) interacts with foreign priority claims as outlined in MPEP 213. The PCT allows applicants to file a single international patent application that can later enter the national phase in multiple countries.

Key points regarding PCT and foreign priority:

• PCT applications can claim priority from earlier national or regional applications
• The priority period for PCT applications is also 12 months from the earliest priority date
• PCT applications themselves can serve as the basis for priority claims in subsequent national or regional applications

As stated in MPEP 213, “U.S. national applications may claim priority to an international application (PCT) filed in a PCT Receiving Office other than the United States Receiving Office.” This demonstrates the flexibility of the PCT system in international patent protection strategies.