Paris Convention (PC) PC 4 – Priority of right Flashcards
What does Article 4 of the Paris Convention concern
Right of Priority for Patents, Utility Models, Designs, Marks Inventors Certificate etc
What gives rise to the right of priority
PC Art. 4
A(1)(2) Any person can claim priority from their regular national filing in a convention state
What is a regular national filing
PC Art. 4
A(3) a filing sufficient to obtain a filing date, irrespective of what then happens to that application
What does claiming priority mean
PC Art. 4
B A subsequent filing claiming priority will not be invalidated by any intervening publication, exploitation or any other act that might do so
How long is the priority period
PC Art. 4
C(1)(2) Patents and utility models can claim 12 MONTHS priority,
Designs and trade marks can claim 6 MONTHS priority
Each from the date of filing of the FIRST application
Can priority dates be extended?
PC Art. 4
C(3) they can be extended to the next working day if the relevant office is not open
What are the conditions for a subsequent filing to be considered as a first appplication
PC Art. 4
C(4) A SUBSEQUENT application for the same matter can be treated as THE FIRST APPLICATION IF
- it is filed in the same country as the previous application AND
- the previous application is withdrawn / abandoned / refused
- without publication
- leaving no rights outstanding
- without itself having served as basis of priority, and
- before the subsequent filing;
and the previous application may not subsequently also be used as a basis for priority
How do you declare priority
PC Art. 4
D(1) Make a declaration stating the date of filing of the first application, and the country it was made in
(2) you may then be required to provided a certified copy WITHIN THREE MONTHS of filing
What are the time limits for claiming priority from a utility model
PC Art. 4
E(1)(2)
A patent can claim priority from a utility model WITHIN 12 MONTHS AND via versa
IF you file a design claiming priority from a utility model the priority period is 6 MONTHS
Are multiple priorities allowed
PC Art. 4
F - Multiple priorities are allowed, even originating from different counties
What is the priority date for a divisional application
PC art. 4
G - Divisionals inherit their parents priority date
What is priority based on
PC art. 4
H - Priority is based on the first application as a whole, not just the claims
What are the most common non PCT countries
Argentina
Taiwan
Hong Kong (but can gain protection via CN, GB or EP(GB))
and others….
