What is the key difference between provisional and foreign applications concerning priority claims?

The key difference between provisional and foreign applications concerning priority claims lies in the deadlines for claiming priority. Provisional applications, which are a type of U.S. application, allow an inventor to secure a filing date without certain formalities and do not require a claim for priority upon filing. However, to benefit from the provisional application under the U.S. patent system, the applicant must file a non-provisional application within 12 months to claim the priority date of the provisional application.

In contrast, foreign applications, which may be filed under various international treaties such as the Paris Convention or the Patent Cooperation Treaty (PCT), typically adhere to strict deadlines for claiming priority. Under the Paris Convention, for instance, an applicant must file a foreign application within 12 months of the original application to effectively claim the priority of that initial filing date.

Understanding these differing deadlines is crucial for patent applicants in managing their strategies for securing patent rights both domestically and internationally.