Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
In the context of foreign priority claims, there’s an important distinction between a ‘country’ and a ‘regional patent office’:
- Country: A sovereign nation that has its own patent system and can issue patents directly.
- Regional Patent Office: An intergovernmental organization that processes patent applications on behalf of multiple member countries.
The MPEP states: The right of priority may be based upon an application filed in a foreign country or in a regional patent office.
(MPEP 213)
Regional patent offices, such as the European Patent Office (EPO) or the African Regional Intellectual Property Organization (ARIPO), allow applicants to file a single application that can potentially lead to patent protection in multiple member countries.
Topics:
MPEP 200 – Types and Status of Application; Benefit and Priority
MPEP 213-Right of Priority of Foreign Application
Patent Law
Patent Procedure