What is NOT required for an applicant claiming foreign priority in a nonprovisional utility application?

Having the same inventive entity listed in both the nonprovisional utility application and the prior foreign application is not a requirement for claiming foreign priority. The United States Patent and Trademark Office (USPTO) allows an applicant to claim priority from a foreign application regardless of the identity of the inventors listed in that application.

This flexibility facilitates the process for applicants who may have changed or added inventors in the interim. It’s important to note that while the other requirements, such as submitting a certified copy of the priority document, identifying foreign applications covering the same subject matter, and filing the claim in the application, are necessary to successfully claim priority, the identity of the inventors does not play a role in this specific process. Consequently, an applicant can receive a priority claim even if there are differences in the inventive entities across the applications.