What is the right of priority in international patent law?

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 right of priority in international patent law refers to the right to rely on a foreign application when filing a patent application in another country. This concept originated in the Paris Convention for the Protection of Industrial Property, which the United States adhered to in 1887.

As stated in the MPEP: The right to rely on a foreign application is known as the right of priority in international patent law and this phrase has been adopted in the U.S. statute. This right allows applicants to claim the filing date of an earlier foreign application, providing certain conditions are met.

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