What is the significance of the Paris Convention in foreign priority claims?
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 plays a crucial role in foreign priority claims for patent applications. Its significance includes:
- Establishing the right of priority for patent applications among member countries.
- Allowing applicants to file in multiple countries while maintaining the original filing date.
- Providing a 12-month priority period for utility patents (6 months for design patents).
- Ensuring equal treatment of foreign and domestic applicants in member countries.
According to MPEP 213: “The right of priority is defined in Article 4 of the Paris Convention for the Protection of Industrial Property and is based on the first filing in a Paris Convention country.” This convention facilitates international patent protection by allowing inventors to secure priority dates across multiple jurisdictions.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
MPEP 213-Right of Priority of Foreign Application
Patent Law
Patent Procedure