My question about using priorty of provisional and non-provisional patent application as priorty document for EP application.

Let's say provisional application date is 10.10.2020 and non-provisional application date is 09.10.2021 and non-provisional application claim priorty of provisional application (10.10.2020).

Provisional application discloses only A and non-provisional application discloses A and A+B.

In 11.11.2021 (miss the date of provisional application), we files the EP application that discloses A and A+B.

If I claim priorty of the non-provisional application date, that means i also automatically claim provisional application date too?

Lastly, what are effective dates for only A and A+B in this case?

1 Answer 1


Under article 4 of the Paris Convention you can only get priority (for a given subject matter) from the first filed application that discloses that subject matter. Therefore you not only can’t get any priority from the provisional due to it being beyond the one year point, you probably do not get priority for subject matter A from the non-provisional since it is not the first filed application on that subject.

An exception would exist if the provisional was explicitly withdrawn before the non-provisional was filed. Assuming both the of these filings were with the same county, you could get priority for subject matter A from the second filing. That is not the case in your example.

If that analysis is correct you have no priority for A and priority of the filing date of the non-provisional for A+B.

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