Which countries are recognized for claiming priority in U.S. patent applications?

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 United States recognizes the right of priority for patent applications filed in countries that are:

  • Parties to the Patent Cooperation Treaty (PCT)
  • Members of the Paris Convention for the Protection of Industrial Property
  • Members of the World Trade Organization (WTO)

The MPEP states: Following is a table of states, i.e., countries, with respect to which the right of priority referred to in 35 U.S.C. 119(a) – (d) has been recognized. For the most up-to-date list of recognized countries, refer to the WIPO website.

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