FD1 - Priority

Question 1

What is the deadline to file an application claiming priority?

Answer 1

12 months from earliest priority, but extendible by 2 months (form, fee, evidence that it was unintentional, no request for early publication)

Question 2

Can priority be claimed from a divisional?

Answer 2

No

Question 3

What is the deadline to add a priority claim?

Answer 3

16 months from priority date (form, fee, no request for early publication)

Question 4

What if the application is late filed?

Answer 4

Declare priority on filing

Question 5

Can you add a priority claim to a PCT application late in the national phase?

Answer 5

To fix in national phase: can request permission to make a late priority declaration before the end of 1 month after the national phase begins (no need to show unintentional)

Question 6

Can you add a priority claim to a PCT application late in the international phase?

Answer 6

To fix in international phase: in the normal way, provide RO with a declaration either 16 months from priority or 4 months from international filing (no need to show unintentional)

Question 7

What if the PCT application is filed late but within 14 months without claiming priority?

Answer 7

NPE will be set as though no priority was claimed, late 1 month from NPE declaration can be used. Form, fee, evidence.

Question 8

What if the PCT application is filed late and priority is claimed?

Answer 8

During the 2 months after the priority year expires, request restoral of priority, form/fee/evidence. Timelines calculated as usual.

Question 9

What if a broad claim encompasses embodiments with different priority dates?

Answer 9

Latest priority date is the priority date for the claim in its entirety

Question 10

Can you lose the priority document?

Answer 10

Yes - advisable to reserve the right to claim priority if you can

Question 11

What is the deadline to file a copy of the certified priority document?

Answer 11

16 months from filing (unless already available)