Can a U.S. provisional patent application be used for foreign priority purposes?
Yes. A U.S. provisional patent application is recognized internationally in all major countries (e.g. Australia, Singapore, Japan, UK, China and New Zealand). Please keep in mind that a non-provisional foreign application must be filed within 12-months of the provisional application’s filing date to retain the earlier priority filing date. The World Intellectual Property Organization (WIPO) has additional information regarding using provisional patent applications for priority purposes at www.wipo.int/sme/en/documents/prov_application.htm.
Related Questions
- Is it possible to file a patent application in the United States claiming foreign priority without a PCT application?
- Is the filing date of the provisional patent application my "priority date" for filing foreign patent applications?
- What is the difference between a provisional and nonprovisional patent application?
