Which of the following is a requirement for claiming priority under foreign law?

The correct answer highlights the absolute necessity to understand how international treaties, particularly the Paris Convention for the Protection of Industrial Property, influence U.S. patent law. Section 35 USC 119(a)-(d) specifically outlines the procedure and requirements for claiming priority based on an earlier filed application in a foreign country. This section of the U.S. code establishes that an applicant may claim the benefit of the filing date of a foreign application, as long as a corresponding application is filed in the U.S. within 12 months from the foreign filing date.

This mechanism is crucial for applicants who want to secure their patent rights based on an earlier filing and ensures that their U.S. filing aligns properly with international filing standards. The provisions under 119 also detail the necessary documentation and conditions, ensuring that applicants follow proper protocols to maintain their eligibility for such priority claims.

By contrast, the other sections mentioned do not directly address the specifics of foreign priority claims. Section 35 USC 120 pertains to the benefit of earlier filings under domestic law but does not specifically relate to foreign applications. Section 35 USC 112 addresses the requirements for the specification and claims of a patent application. Section 35 USC 101 defines what constitutes a patentable subject matter but does