How does the USPTO handle priority claims based on inventor’s certificates from countries with restricted options?
The USPTO recognizes that some countries have restrictions on who can apply for patents versus inventor’s certificates. As stated in MPEP 213.05:
It is recognized that certain countries that grant inventors’ certificates also provide by law that their own nationals who are employed in state enterprises may only receive inventors’ certificates and not patents on inventions made in connection with their employment. This will not impair their right to be granted priority in the United States based on the filing of the inventor’s certificate.
This means that even if an applicant was restricted to filing for an inventor’s certificate in their home country due to employment or nationality, they can still claim priority in the US based on that filing. The key factor is whether the option to file for either a patent or an inventor’s certificate generally existed in the country for the particular subject matter, not whether the specific applicant had that choice.
To learn more: