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The key dates of filings of a patent are mentioned below:

16 June 2017 US Patent filing date 12 April 2018 Notice of Allowance by USPTO 16 June 2018 Australia patent filing date 18 June 2018 UK patent filing date

My question is about the definition of a 12 months. Does 12 months from 16 June 2017 mean priority can be claimed till 15th June 2018 or 16th June 2018?

Do the above dates mean that UK one is a separate filing and AUS one is not?

Regards

  • This question would be easier to answer if you would specify the actual patent number. – Eric Shain Oct 15 at 18:20
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Does 12 months from 16 June 2017 mean priority can be claimed till 15th June 2018 or 16th June 2018?

18th June 2018. Exactly 1 year, latest on the day having the same date 1 year later extending to the next working day. And 16th and 17th were weekend days. (It's like that in all jurisdictions afaik, but I can't promise).

You can check the priority, it is marked on the cover page. A priority has to be explicitly claimed so the date alone doesn't tell you anything. Claiming priority later than 12 months can be possible in some jurisdictions if the date was missed on accident for example.

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• In general, priority date is the date of filing of the first patent application (either provisional or non-provisional). Paris Convention, an international patent treaty, allows the owner of U.S. patent application to file patent applications in other countries (which are Paris Convention member countries) within one year from the U.S. filing date. The U.S. filing date serves/acts as the priority date for the foreign patent applications.

  • That is correct. By "first patent application" it is meant the first patent application including a particular subject-matter. So if e.g. in a non-provisional application you claim priority from a provisional application, and in the non-provisional application you have new matter, you can also claim priority from said non-provisional application during the priority year thereof. But you only get priority for the new matter, not for the one already disclosed in the provisional application because that one is the "first" patent application for said matter. – the Europeist Oct 25 at 6:24

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