How does the USPTO determine if a country is eligible for priority right benefits?

How does the USPTO determine if a country is eligible for priority right benefits?

The USPTO determines a country’s eligibility for priority right benefits based on specific criteria. As stated in MPEP 213.01:

The United States will recognize claims for right of priority under 35 U.S.C. 119(a)-(d) based on applications filed in countries which have acceded to the Patent Cooperation Treaty (PCT) prior to becoming a Contracting State of that Treaty.

This means that countries that have joined the PCT are generally recognized for priority rights. Additionally, the USPTO considers other factors such as whether the country:

  • Extends similar privileges to U.S. citizens
  • Is a member of the World Trade Organization (WTO)
  • Has a bilateral agreement with the United States

The USPTO maintains a list of countries and organizations that meet these criteria, which is periodically updated to reflect changes in international agreements and relations.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: international patent law, Patent Cooperation Treaty, Priority Rights, USPTO