Priority

Question 1

Which earlier applications are relevant for the purposes of priority?

Answer 1

Patents (including US provisionals), utility models, utility certificates

Question 2

Which earlier applications are NOT relevant for the purposes of priority?

Answer 2

Designs, trademarks

Question 3

In what time limit must the application be filed after the earliest desired priority date?

Answer 3

w12m

Question 4

In what countries must the earlier application be filed?

Answer 4

WTO/PCT member countries

Question 5

Which applicants of the earlier application must be applicants?

Answer 5

All applicants must be carried forward (or successors in title)

Question 6

Priority may be claimed in respect of what subject-matter?

Answer 6

Subject matter that is clearly and unambiguously disclosed

Question 7

Requirements for claiming priority from first filing? (6)

Answer 7

• Within 12 months
• patent, utility model, utility certificate
• WTO/PCT authority
• all applicants carried forward
• subject matter clearly and unambiguously disclosed
• first filing in respect of subject matter

Question 8

If claiming priority from a subsequent application, at the date of filing the subsequent application the earlier application must be:

Answer 8

1. withdrawn with no rights outstanding
2. not published
3. not used for priority

Question 9

Requirements for claiming priority from subsequent filing?

Answer 9

• Within 12 months of subsequent filing
• patent, utility model, utility certificate
• WTO/PCT authority and same as earlier filing
• all applicants carried forward
• subject matter clearly and unambiguously disclosed
• earlier filing at date of filing subsequent:
  1. withdrawn with no rights outstanding
  2. not published
  3. not used for priority

Question 10

How may priority be declared for applications filed w12m?

Answer 10

1. PF1 at filing; or
2. PF3 w16m earliest priority and no outstanding request to publish when preparations forr publication completed

Question 11

How must priority be declared for applications filed w14m?

Answer 11

• PF3 at the same time as filing request for late priority

Question 12

When must priority declared for divisional applications?

Answer 12

With application

Question 13

Requirements for claiming priority after 12 month period?

Answer 13

• w14m earliest priority
• failure to file w12m unintentional
• no outstanding request for accelerated publication when preparations for publication completed