Can an international applicant claim a priority filing date based on a U.S. basic application?
Yes. A claim of priority in an international application may be based on a U.S. application in accordance with Article 4 of the Paris Convention even if the filing date of the basic application precedes the implementation date of the Madrid Protocol in the United States. The international application must both (1) assert a claim of priority and (2) be filed in the USPTO within six months after the filing date of the basic application that forms the basis of the priority claim.
Related Questions
- What happens if I file my international application based on a basic application and that application is restricted during examination, or fails to reach registration?
- When an applicant files a Request for Continued Examination (RCE), will the filing cause the application to be subject to publication?
- Can an international applicant claim a priority filing date based on a U.S. basic application?
