What is required to claim foreign priority under 35 USC 119(a)?

To claim foreign priority under 35 USC 119(a), the requirement is that at least one U.S. inventor must be named in the application for which priority is being claimed. This is crucial because the U.S. patent system allows applicants to take advantage of the filing date of an earlier foreign application, provided there is a connection to the U.S. legal system through the presence of a U.S. inventor. This connection helps establish jurisdiction and compliance with U.S. patent laws.

The emphasis is on creating a link between the foreign application and the U.S. patent application through the inventor. This allows applicants to benefit from their earlier filing in a foreign country while seeking patent protection in the U.S., streamlining the process for inventors who may be operating in an international context.

Other options listed introduce requirements that are not necessary under 35 USC 119(a). For instance, there is no requirement that all inventors must be U.S. residents or that two common inventors must be named. The only critical factor is the existence of at least one U.S. inventor, which establishes the permissible grounds for claiming priority from the foreign application.