Questions tagged [priority]
Claims to priority based on foreign filings, parent application filings, or provisional application filings.
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Claiming priority in EPO from a US Continuation/CIP Patent Applicaiton?
Scenario:
My client filed a US Provisional 3 years ago and followed it up with a non-provisional 2 years ago. The patent has not been allowed (pending grant since issue fee hasn't been paid yet).
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Circumventing non-entry into national phase
I've got a client with some PCT applications who decided not to enter into national phases when it was timely, and now is having second thoughts. Two questions arise:
If the 30-month national phase ...
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Late non provisional submission in the US!
I submitted a provisional on 8/19/21 and had a few hiccups these past few weeks having me finishing up final touches on the last day to submit my non provisional patent. I had technical issues with ...
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Can I restore material from a parent application deleted in an intervening CIP and not lose the parent’s priority?
The parent application was filed in 2019 based on a provisional filed in 2018. I didn’t fast track the parent, thus it is still pending, and it contained enough material for several patents. Since ...
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EPO application-Slight constructal changes on dependent claim
In EPO application, there is one document in search report and publication date of that document is after my priority date. The examiner says my 1st claim is not novel over D1. However, D1 doesn't ...
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Questions about derivative process and abusive disclosure
So I recently filed a provisional application for an IP that is a process attached with extreme significance in bioinformatics - a data analysis process that can be used to make a health service 1/...
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Can I begin sale after a provisional and before a PCT without losing IP rights?
I recently filed a provisional application. The invention is in a late stage of development in terms of bringing to market. So my question is if I were to begin sale before a PCT is filed, but within ...
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Provisional application in UK
According to the official documentation, the equivalent of provisional applications in the UK is to file an application without requesting search or examination, and subsequently, within 12 months, ...
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Is it possible to claim priority from two different applications?
I have submitted two applications with different descriptions but which refer to the same concept. E.g. one application describes a substance in an oral pill form and the other application describes ...
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Is it possible to amend the description of a PCT to include content from a priority application?
Is it possible to amend the description of a PCT to include content from a priority application? My drafter missed important content from my priority documents to include it in my PCT. Is there any ...
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Is there a way to completely cancel earlier applications?
I am looking to use my UK-B application below to file a new PCT-B so that I do not have to prove novelty and inventiveness over the PCT1.
1) UK-A filed on 05/19 now withdrawn without being published
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Priority Claim Deadline: 12 Months or Some Global Variation?
Have applied for patent on 2020-01-26 (priority date) in an EU country; after some back and forth it was accepted a few months ago.
Want to extend it to other countries:
US
UK
Germany
Russia
France
...
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Can priority be claimed under Paris convention from withdrawn or refused patent application?
If an application is made in one of member states of Paris convention, then it is entitled to 12-month priority in member states. But what if applicant didn't pay the filing fee to the receiving ...
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If I made patent application in EPO, does this application benefit from 12-month priority under Paris convention?
Applications made in member states of Paris convention benefit from 12-month priority. If I made my application in EPO (which, importantly, is not a state and not a member of Paris convention) does it ...
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If my patent application is rejected in country of original filing will I be able to claim priority to it in foreign filings under Paris convention?
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 ...
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Corona and Priority Rights
I made an application last year in my country, exact date is 10th April. I missed last date for PCT. In my country, some of time limits are extending because of Coronavirus situation. Has WIPO a ...
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Is it pre-AIA 102(a) or pre-AIA 102(e)(2)
Assume Patent A was filed on Dec. 1, 2002 in the USA, which claims its foreign priority date Jan. 1, 2002. The priority application was filed on Jan. 1, 2002 in Spain.
Assume Patent B was filed on ...
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Find the element providing a priority date
A certain patent claims a priority date (just under one year prior to the application date) and I would like to find the element providing this priority.
The priority number points towards France (FR ...
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Can a CIP claim priority to a provisional application filed after the parent non-provisional?
I filed a first provisional and a non-provisional claiming priority to the first provisional less than a year later. Now I've made substantial improvements and would like to protect it before the non-...
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Can one claim priority from a PCT application after filing non-provisional?
Let's say,
I filed a USPTO provisional in Jan 2019.
I filed a USPTO non-provisional in Jun 2019 by claiming priority to the provisional.
I'll file a PCT application in Dec 2019 by claiming ...
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What is the proper way to file both USPTO and PCT application?
I have two USPTO Provisional Applications. I'm about to file a USPTO non-provisional by claiming priority to those two Provisionals.
I'm also planning to file a PCT application. The specification, ...
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How exactly patent priority date works when multiple priority dates claimed?
I still can't able to understand how priority date works.
Let's say I filed a provisional patent in Jan 2019. That specification contains nearly 95% of the real invention.
In Jun 2019, I filed one ...
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Priority date of US patent for filing in other countries?
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 ...
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If a patent is abandoned and later revived, does that affect the priority date?
I've filed non-provisional utility patent application with the USPTO. If it becomes considered abandoned by the USPTO for non payment of filing fees, will reviving the application maintain the ...
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Can an abandoned patent affect an issued one ? There's a twist
Patent A was filed formally, March-13-2010, published Nov-2011
Patent B was filed provisional, March-14-2010, then formal-filed Mar-2011
The patents covered some similar areas, but Patent B spec was ...
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Non-provisional application merely incorporating by reference provisional application?
In the US, it is allowed to incorporate by reference (IBR) another document, and the IBRed document is treated as though it literally exists in the citing document.
Therefore, in a non-provisional ...
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I have patent applications for the same invention in different countries. Can I choose which application to use as priority for a PCT one?
I have a US non-provisional that claims priority to a provisional one. It is not published yet but its priority period has expired. I also have a pending Australian provisional application for exactly ...
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Can you claim internal priority with the PCT?
My initial reaction to the above question was yes. However, consider the following - if DE, JP and KR have problems with earlier applications, is the second PCT considered to supersede the first? Does ...
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Is claiming priority with a different inventor essentially madness?
I apologize for the click bait title, but that's really my question.
35 USC § 102(a)(2) provides:
A person shall be entitled to a patent unless—
(2) the claimed invention was described in a patent ...
user18033
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Validity and Standing
In reference to the patent: US6405939
How long is this Patent standing and valid for?
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Is 12-month Paris Convention priority claim deadline extendable?
This question asks if a priority claim under the Paris Convention can be made after the 12-month deadline, and the accepted answer is 'no'. However, I wanted to ask again if this is really the case. ...
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How can the difference between "Priority Date" and "Filing Date" be greater than 1 year?
For most patents (at least the ones I looked at) there is no more than 1 year difference between "Priority Date" and "Filing Date": often exactly 1 year, and if not, just under 1 year.
This must be ...
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US patent application based on the contents of Chinese patent applications
I have some patent questions related to several Chinese patent applications, which belong to my company (US company) and a Chinese company. I asked the Chinese company with my company to file a US ...
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Can Patent A be considered as a prior art over Patent B with a priority date before the filing date of Patent B?
We have:
Patent A, filed Nov. 29, 2006 in the US, claimed the benefit of a DE application, filed Feb. 02, 2006，(there is a PCT application filed Nov. 29, 2006 with the publication date Aug. 30, 2007, ...
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is the indirectly claimed priority valid?
There are:
application A filed Mar.1 2017, claims the priority of application B;
application B filed Feb.1 2017, claims the priority of application C;
application C, filed Jan.1 2017.
However, app A ...
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Can EP or WO application claims the priority of US application ( wherein US application already claiming the priority of US provisional)
Can foreign application claims the benefit from the US application (wherein US application is claiming priority from provisional application).
Note: 1) US application does not have any child and ...
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Should I abandon my provisional and start over?
Situation: Filed my provisional 11 months ago. Rewriting to file as regular US and PCT applications. Pro se currently, may have pro bono help in a couple of months, for filing further claims in ...
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Can a U.S. design application claim priority of a foreign invention application?
I was always under the impression that inventions, utility models and designs can all claim priority using each other, with the exception that inventions cannot claim priority using a design ...
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What is the difference between the filing and priority date, since it is the same date for this invention?
In reference to the patent: US634042
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Can WIPO application filed after 12 months from priority date?
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 ...
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I am the original inventor. Is it possible to find from USPTO PAIR the expiration of this pending patent?
In reference to the patent: US20160095523
The 2 granted patents associated with this application are : US8613706 and US9332914 have been assigned to : VASCULAR SOLUTIONS, INC by me. Phil Langston. ...
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Will claiming priority from provisional patent reveal it?
I have a single provisional patent application (PPA) in USPTO for some inventions. Now I want to pursue only one of them, because that invention was revealed to public. And I will claim priority from ...
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Does Priority Examination delay other patents?
I am assuming there is research and a conclusion on this, instead of just a discussion.
Prioritized Examination allows patents to get examined in a year for a fee. I know of patent attorneys that ...
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Can the claims of an NPA from multiple PPAs retain the priority of their respective PPA filing dates?
If I wanted to file an NPA which included content from 2 different PPA's filed on different days ... then will the entire patent only be able to claim the priority of the most recent PPA? Or will ...
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Lost a digital copy of patent specification
I filed the National phase application on 29th Oct 2014 and PCT application on 14th Oct 2015.
I lost a flash drive which contained the soft-copy of patent specification (everything related to the ...
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prior art proof
I filed a provisional application in 1994 . Then i sent a full description of my invention to an eminent professor in the field of that invention in USA, soon after filing the provisional application ,...
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What is the priority date of US 4,851,616 A?
What is the correct priority date of US 4,851,616 A, and what are the legal ramifications if an inventor deliberately misrepresents the priority date based on an error in the patent?
Please provide ...
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Features not disclosed in provisional application priority date
Am I correct that:
Should you claim priority from a provisional application and you disclose features in the subsequent non-provisional application (which claims priority from the provisional ...
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Can I submit a new application?
If my application was rejected, can I write a new application based on the same idea, or it would be rejected because the old application was considered as a prior art?
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Understanding File History and child parent of a Patent
In reference to the patent: US20030154017
Priority date is 1996 and based on number the patent is in Application status, how come?
