I forget to file WIPO application after 12 months from priority date of a US provisional application. While within 12 months I filed US non provisional application, is there any way to file international application later than 12 months or other way to get international protection?

It is nearly 18 months now from priority date.


You are too late to claim priority to your US application. This must be done within 12 months of the original filing (Paris Convention art 4(C)(2)).

However, if none of your other applications have been published yet (as is implied by the "nearly 18 months" in your question), you could file a PCT application (or applications in other countries) without claiming priority at all. While this would open you to prior art that has occurred more recently, these would at least be valid applications.

  • Thank you, my invention is revealed to public nearly 17 months ago, while the details of the application is not, the general idea and some implements are revealed. Can it still get international protection as you said without claim priority? Oct 15 '16 at 9:43
  • That is a little tricky to answer without knowing the details, but possibly. In that case, it might be worth speaking to an attorney.
    – Maca
    Oct 17 '16 at 20:26
  • The U.S. has added some leniency in priority filing. It was changed as part of the Patent Law Treaty uspto.gov/patents/initiatives/patent-law-treaty and went in to effect in Dec. 2013. But 17 months is still way outside the grace period.
    – George White
    Aug 15 at 1:18

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