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You may apply for a U.S. patent whether you're a U.S. citizen or not. No U.S. patent can be issued if, before you apply in the United States, the invention was patented abroad by you or your legal representative and if the foreign application was filed more than 12 months before the U.S. filing.
A claim of priority gives you the right to claim the benefit of an earlier filing date for your patent application. In this manner, your patent application would have the earliest priority date possible. Prior art that predates the filing date of your patent application would not be prior art.
You can then file your PCT application at any time within this one-year priority period, claiming priority from the first US application (provisional or non-provisional).
When Can You Say "Patent Pending"? It is appropriate to add the term "patent pending" to your product or process as soon as your provisional patent application has been submitted to the USPTO and has been dated. You can use that designation for up to one year without filing for an extension.
Provisional patent applications cannot be filed for designs. Claims are not required in a provisional application, but it is recommended that the disclosure of the invention in the provisional application be as complete as possible.
Priority date refers to the earliest filing date in a family of patent applications. If the earliest-filed patent application for a particular invention was a provisional application, then the filing date of the provisional is your priority date.
If you do creative, engineering, design, or development work, your employer might ask you to sign an invention assignment agreement: a contract giving your employer ownership rights in inventions and intellectual property you develop during your employment.
Utility patent applications may claim the benefit of a provisional application for up to 12 months, but design patent applications may not claim priority to a provisional patent application.