If my patent application is rejected in country of original filing (e.g. this country doesn't recognize software patents or even computer-implemented patents) will I be able to claim priority to it in foreign filings under Paris convention?
1 Answer
The Paris Convention has to do with the date of application not how the office deals with it. There is a 12 month limit to claiming a priority under Paris so by the time an application is rejected in the country of first filing it is probably too late for a second filing under Paris. If novelty hasn't been broken, you could still file in other places even without the priority benefit.
answered Aug 29, 2020 at 17:03
