What is the Paris Convention and how does it relate to patent filing?

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.

The Paris Convention for the Protection of Industrial Property, commonly known as the Paris Convention, is an international treaty that plays a crucial role in patent filing. According to MPEP 213.01:

The Paris Convention for the Protection of Industrial Property sets forth the concept of a ‘convention application’ and a ‘right of priority.’

This means that applicants from member countries can use their first filing date in one member country as the effective filing date in other member countries, provided they file within 12 months. This treaty facilitates international patent protection by allowing inventors to secure a priority date in multiple countries.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case