How does the right of priority work for international applications under the PCT?

The right of priority for international applications filed under the Patent Cooperation Treaty (PCT) operates similarly to national applications, but with some specific provisions and requirements set by the PCT system.

According to MPEP 213.06: “In an international application entering the national stage under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT.”

Key points about priority in PCT applications include:

• The priority claim must be made in the PCT Request form or through a later correction.
• The applicant must file a certified copy of the priority document with the International Bureau within 16 months from the priority date, unless it was previously filed with the receiving Office.
• If the priority document is issued by the receiving Office, the applicant can request that Office to prepare and transmit the document to the International Bureau.
• The International Bureau will make the priority document available to designated Offices.
• For U.S. national stage entry, if the certified copy was submitted during the international phase, it generally satisfies the requirement for the U.S. application.

The MPEP further notes: “If, however, the International Bureau is unable to forward a copy of the certified priority document because the applicant failed to submit a certified copy of the foreign priority document during the international phase, the applicant will need to provide a certified copy of the priority document or have the Office retrieve the priority application in accordance with the priority document exchange program during the national stage to fulfill the requirements of 37 CFR 1.55.”

For more information on certified copy, visit: certified copy.