Priority Patent Application: Everything You Need to Know

A priority patent application means that an application you filed at a later time is looked at as being filed when the first one was filed.3 min read

A priority patent application means that an application you filed at a later time is looked at as being filed when the first one was filed. The priority date is the date you filed the first application. If you wish to ask for priority based on a prior application, you need to do this within four months of the new application's filing date or within 16 months of the date of priority or within depending on which one is later.

What You Can Do If You File a Foreign Application Within the Priority Year?

You'll need to know the following information if you decide to file your foreign application during the priority years:

  • Postpone spending money and time on foreign patents until a report is received of the invention's patentability.
  • Make the invention public once the first patent application is filed while not destroying the novelty value internationally.
  • Keep the novelty value regardless if another person applied the patent to a similar or the same invention during the priority date and the filing date abroad.

Priority Date

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