Priority Flashcards

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1
Q

Which earlier applications are relevant for the purposes of priority?

A

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

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2
Q

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

A

Designs, trademarks

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3
Q

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

A

w12m

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4
Q

In what countries must the earlier application be filed?

A

WTO/PCT member countries

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5
Q

Which applicants of the earlier application must be applicants?

A

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

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6
Q

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

A

Subject matter that is clearly and unambiguously disclosed

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7
Q

Requirements for claiming priority from first filing? (6)

A
  • 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
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8
Q

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

A
  1. withdrawn with no rights outstanding
  2. not published
  3. not used for priority
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9
Q

Requirements for claiming priority from subsequent filing?

A
  • 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 withdrawn with no rights outstanding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
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10
Q

How may priority be declared for applications filed w12m?

A
  1. PF1 at filing; or
  2. PF3 w16m earliest priority and no outstanding request to publish when preparations forr publication completed
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11
Q

How must priority be declared for applications filed w14m?

A
  • PF3 at the same time as filing request for late priority
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12
Q

When must priority declared for divisional applications?

A

With application

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13
Q

Requirements for claiming priority after 12 month period?

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