In the context of US patent law, does a provisional application count for foreign priority?

A provisional application for patent is indeed not considered a "regular" application under U.S. patent law when it comes to foreign priority. To establish a priority date for an invention in foreign jurisdictions based on U.S. applications, a non-provisional application must be filed first. This is crucial because foreign patent offices typically require a formal application that meets their respective legal standards.

This requirement stems from international treaties, such as the Paris Convention, which recognizes only "regular" applications for priority claims. A provisional application, while useful for securing an initial filing date and allowing the applicant to assess the marketability of the invention, does not undergo examination and therefore does not fulfill the requirements set by many foreign patent systems.

The other options may address different aspects of the provisional application process or its benefits but do not apply to the issue of foreign priority. For instance, the ability to convert a provisional application to a non-provisional application is beneficial for subsequent U.S. filings but does not affect the foreign priority claim directly.