What is the significance of the ‘right of priority’ in international patent applications?

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.

What is the significance of the ‘right of priority’ in international patent applications?

The ‘right of priority’ is a crucial concept in international patent applications. According to MPEP 211.01(c), ‘The right of priority is defined in 35 U.S.C. 119(a).’ This right allows applicants to claim priority from an earlier filed application, which can be beneficial in establishing the novelty and non-obviousness of an invention. Specifically, the MPEP states:

‘Under certain circumstances, the right of priority may be restored even if the filing is made after the 12-month priority period. See 37 CFR 1.55(c).’

This provision offers flexibility to applicants who may have missed the standard priority deadline, potentially preserving their patent rights in certain situations.