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

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.