Foreign Patent Priority Right

Most foreign countries allow patent applicants to claim priority to a pending United States patent application (a.k.a. priority right or right of priority).  This is a time limited right that is triggered by the first filing of a patent application.  The subsequent patent application must claim the priority of the first application in specifically referencing the first patent application by filing date and serial number.  When a claim of priority is properly made, the filing date of the first patent application (“priority date“) is considered to be the “effective date of filing” for the purpose of examination of novelty and non-obviousness for the subsequent patent application.  Hence, there can be significant benefits of claiming priority to a prior patent application in the United States.

  

Time Period to Claim Priority – Utility Applications

The time period to claim priority to a utility patent application filed in the United States is typically 12 months in most countries.  Hence, if you filed a United States utility patent application on January 2, 2010, you would have to file your foreign patent application by January 2, 2011 in a foreign country if you want the subsequent foreign patent application to enjoy the earlier filing date of the United States patent application.

  

Time Period to Claim Priority – Design Applications

The time period to claim priority to a design patent application filed in the United States is typically 6 months in most countries.  Hence, if you filed a United States design patent application on January 2, 2010, you would have to file your foreign patent application by July 2, 2011 in a foreign country if you want the subsequent foreign patent application to enjoy the earlier filing date of the United States patent application.