Which countries are recognized for priority claims under 35 U.S.C. 119(a)-(d)?

The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories:

  • Parties to the Patent Cooperation Treaty (PCT)
  • Parties to 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 current list of recognized countries, refer to the WIPO website at www.wipo.int/pct/en/paris_wto_pct.html.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 213-Right of Priority of Foreign Application, Patent Law, Patent Procedure
Tags: foreign priority claims, Paris Convention, PCT applications, Recognized countries, WTO