Priority Flashcards
Which earlier applications are relevant for the purposes of priority?
Patents (including US provisionals), utility models, utility certificates
Which earlier applications are NOT relevant for the purposes of priority?
Designs, trademarks
In what time limit must the application be filed after the earliest desired priority date?
w12m
In what countries must the earlier application be filed?
WTO/PCT member countries
Which applicants of the earlier application must be applicants?
All applicants must be carried forward (or successors in title)
Priority may be claimed in respect of what subject-matter?
Subject matter that is clearly and unambiguously disclosed
Requirements for claiming priority from first filing? (6)
- 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
If claiming priority from a subsequent application, at the date of filing the subsequent application the earlier application must be:
- withdrawn with no rights outstanding
- not published
- not used for priority
Requirements for claiming priority from subsequent filing?
- 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 withdrawn with no rights outstanding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
How may priority be declared for applications filed w12m?
- PF1 at filing; or
- PF3 w16m earliest priority and no outstanding request to publish when preparations forr publication completed
How must priority be declared for applications filed w14m?
- PF3 at the same time as filing request for late priority
When must priority declared for divisional applications?
With application
Requirements for claiming priority after 12 month period?
- w14m earliest priority
- failure to file w12m unintentional
- no outstanding request for accelerated publication when preparations for publication completed