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