What is the difference between ‘right of priority’ and ‘benefit of an earlier filing date’ in US patent applications?

The terms ‘right of priority’ and ‘benefit of an earlier filing date’ refer to different concepts in US patent law:

• Right of priority: This term is used in the context of foreign priority under 35 U.S.C. 119(a)-(d) and 365(a) and (b). It allows a US application to claim the priority date of a foreign application filed within the previous 12 months.
• Benefit of an earlier filing date: This term is used for domestic benefit under 35 U.S.C. 119(e) and 120. It allows a US application to claim the filing date of an earlier US provisional or nonprovisional application.

As stated in MPEP 216: ‘The right of priority is a statutory right, which is not considered an application property right.’

For more information on domestic benefit, visit: domestic benefit.

For more information on foreign priority, visit: foreign priority.

For more information on right of priority, visit: right of priority.