Section 5

Question 1

What criteria must be fulfilled for an earlier application to be disregarded for priority purposes?

Answer 1

(a) the second application must have been filed in the same country as the first application
(b) not later than the date of filing the second application, the first must be unconditionally withdrawn, abandoned or refused without:
(i) having been made public
(ii) leaving any rights outstanding
(iii) having served to establish a priority date to another application, wherever made

[Section 5(3)]

Question 2

GB1 — GB2 — GB3

What are the words for abandoning GB1?

If GB1 can’t be abandoned, why can’t GB2 be basis for priority claim?

Answer 2

The application must have been abandoned leaving no rights outstanding.

GB2 is not the first filing within the meaning of the Paris Convention for the subject matter concerned.