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 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