How does the USPTO determine which countries are eligible for priority claims?

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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 eligible countries for priority claims based on international agreements and reciprocity. MPEP 213.01 states: The right of priority is recognized only if the foreign application was filed in a country granting similar privileges to United States citizens. This means the USPTO maintains a list of countries that have established reciprocal rights with the United States. These countries typically include Paris Convention members, PCT contracting states, and nations with bilateral agreements recognizing priority rights. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Right Under Paris Convention MPEP 213.01 Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Unintentional Delay of Priority Claim Allowed MPEP 213 Priority Claim and Foreign Application Certified Copy Must Be Filed During Pendency MPEP 213 Required Time Period for Priority Claim Not Extendable MPEP 213 Required Requirement for Foreign Priority Claim on International Design Application MPEP 213.01 Permitted Requirement for Foreign Application in WTO Member Country MPEP 213 Required Right of Priority by Reciprocal Legislation MPEP 213.01 Permitted Inventors Certificates Have Same Priority Rights as Patents MPEP 213 Required Requirement for Priority Document from Participating Office MPEP 213 Required Other Related FAQs 5 FAQs Collapse What are the differences between recognized countries and regional patent offices for foreign filing? How does the Patent Cooperation Treaty (PCT) affect international patent applications? What is the significance of the Paris Convention for patent applications? What is the Paris Convention and how does it rela...