Provisional Applications for Patent Meet Paris Convention Requirements as Foreign Priority Documents

In view of the recent question raised in the patent community regarding the adequacy of provisional patent applications filed under 35 USC 111(b) to serve as the basis for the right of priority provided by Article 4 of the Paris Convention for the Protection of Industrial Property, Commissioner Lehman decided to seek the advice of the World Intellectual Property Organization on that issue. Below is the resulting exchange of correspondence that should lay to rest any doubt that provisional patent applications are indeed sufficient for this purpose.

The Letter from Bruce A. Lehman, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks

The Letter from Arpad Bogsch, Director General, World Intellectual Property Organization