Suppose I have filed a patent application in a foreign country 2 years a go, and now I want to fill a patent app with USPTO. Can I claim the priority date of this application as the one of my first application I filed in that foreign country if:
1. The application in that foreign country is published to the public on the internet by the foreign patent agency but not yet granted.
2. The application in that foreign country is published to the public on the internet by the foreign patent agency and granted.
Thank You
You couldn’t calim a priority unless you file the later application within 1 year of the priority application. you can do this wither by filing directly in the later countries or by filing a pct international phase application.
It does’nt matter if the the application was published or granted for that matter.