How does the USPTO determine if a foreign country qualifies for priority rights?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 USPTO determines if a foreign country qualifies for priority rights based on specific criteria outlined in the MPEP. According to MPEP 213.01 : The right of priority is recognized only if the foreign country in which the original application was filed is recognized at the time of filing the application in the United States. The USPTO considers several factors: The country must be a member of the Paris Convention for the Protection of Industrial Property or have a bilateral agreement with the United States. The country must grant similar priority rights to U.S. citizens. The country must be recognized by the U.S. Department of State. The USPTO maintains a list of recognized countries and regional patent offices in MPEP 213.01 , which is updated periodically to reflect changes in international relations and treaty memberships. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Right of Priority for Regional Patent Offices MPEP 213.01 Permitted Priority Right Under Paris Convention MPEP 213.01 Requirement for Foreign Application in WTO Member Country MPEP 213 Required Right of Priority for Industrial Property Applications MPEP 213.01 Permitted Certified Copy of Foreign Application Required for PCT National Stage MPEP 213 Required Claim of Foreign Priority for Design Applications MPEP 213.01 Permitted Certified Copy of Foreign Application Must Be Filed Within Time Limits MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Four Months of National Stage Commencement or Sixteen Months from Prior Filing Date MPEP 213 Required Certified Copy of Foreign Application Due Within Specified Time MPEP 213 Required Translation of Foreign Application Mus...