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

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.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Eligible Countries