What are the changes to priority and benefit claims under the Patent Law Treaties Implementation Act (PLTIA)?

The Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including:

  • Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline
  • Ability to file international design applications
  • Claiming priority to and benefit of international design applications

The MPEP notes: “Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.” (MPEP 210)

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, Patent Law, Patent Procedure
Tags: international design applications, PLTIA, priority restoration