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Right of Priority of an Application:
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Foreign priority may be claimed under 35 U.S.C. 119(a)-(d) or (f).
The conditions for receiving the benefit of the filing date of a prior application filed in a foreign country include that:
- The foreign application must be by the same inventor or by his or her legal representatives or assignees.
- The application must have been filed within 12 months from the date of the earliest foreign filing in a recognized country.
- It must be for the same invention.
- The foreign application must be filed where similar privileges are bestowed upon applicant after filing application (like an inventors certificate).
When claiming domestic priority under 35 U.S.C. 120 or 119(e):
- The same disclosure must be present.
- The applications must be copending.
- A reference to the prior application must be made.
- At least one common inventor must be present.
- It must be filed for within the appropriate time period.
- The application must be properly translated in English.
