Law - Priority Claims

Law - Priority Claims(s)

Because an earlier filing date allows patenting of inventions that might otherwise have been "anticipated" by one or more "references" (i.e., made unpatentable due to the existence of "prior art"), it is wise to take advantage of prior filings of the first patent application disclosing an invention (called the "first" filing), even if the patent office in which it was filed is a national or regional patent office. Provided the patent office affords similar rights, this is done by filing in an international patent application "claiming" priority of invention in the foreign country within twelve months of having filed the national, regional or international patent application. Information in the following sections of the PCT Applicant's Guide (PCTAG) is applicable to this task:

PCTAG Vol. I/A § V ¶ 92 How may the priority claim of an earlier application be claimed?

PCTAG Vol. I/A § V ¶ 93 What are the principles governing the right of priority for international applications?

PCTAG Vol. I/A § V ¶ 94 How must dates be indicated in the priority claim?

PCTAG Vol. I/A § V ¶ 95 When and to whom must the priority document be furnished?

Information in the following MPEP sections is not directly applicable to this task. However, since PCT rules are somewhat similar in concept to U.S. rules, it is included for general reference only.

MPEP § 201.13 Right of Priority of Foreign Application

MPEP § 201.13(b) Right of Priority Based Upon an International Application Filed Under the Patent Cooperation Treaty

MPEP § 201.14 Right of Priority, Formal Requirements

MPEP § 201.14(a) Right of Priority, Time for Filing Papers

MPEP § 201.14(b) Right of Priority, Papers Required

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