Questions tagged [priority]

Claims to priority based on foreign filings, parent application filings, or provisional application filings.

Filter by
Sorted by
Tagged with
7
votes
1answer
1k views

How many priority numbers can a patent have?

When I search patents at espacenet.com I see that some patent documents have multiple priority numbers. For example WO2010054132 has 4 priority numbers. (see bibliographic data). What does this mean? ...
3
votes
3answers
1k views

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 ...
3
votes
1answer
113 views

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 ...
3
votes
1answer
68 views

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?
2
votes
2answers
490 views

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 ...
2
votes
1answer
897 views

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, ...
2
votes
1answer
16 views

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 ...
2
votes
1answer
68 views

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 ...
2
votes
1answer
410 views

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 ...
2
votes
1answer
167 views

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 ...
2
votes
1answer
443 views

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 ...
2
votes
2answers
407 views

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 ...
2
votes
1answer
442 views

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 ...
2
votes
1answer
437 views

Is it possible to apply for a patent, if same invention was applied in other country by other but not applied for this country?

Let's say John applied for a patent in Germany on Jul 7, 2012, but did not apply for a patent of the same invention, that is, a patent which John could claim priority, in the US until Jul 7, 2013. Now,...
2
votes
2answers
105 views

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 ...
2
votes
1answer
69 views

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 ...
2
votes
1answer
42 views

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 ...
2
votes
2answers
151 views

patent claiming that priority no?

Patent no WO2012164480 (A1) which is claiming priority to patent IN2011DE01539 (IN201101539I1), can these two patents be considered as the same patent or are they different patents?
2
votes
2answers
45 views

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/...
2
votes
0answers
30 views

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 ...
2
votes
2answers
59 views

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 ...
2
votes
1answer
81 views

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 ...
2
votes
0answers
34 views

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 ...
2
votes
0answers
96 views

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 ,...
2
votes
1answer
265 views

Claiming priority or not

I filed a patent(provisional) a couple of months ago. The disclosure consist of two parts: 50% description of an underlying technology, and 50% a specific application of this technology. I haven't ...
1
vote
2answers
301 views

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 ...
1
vote
2answers
75 views

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, ...
1
vote
2answers
945 views

Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

I have two questions regarding the functioning of the patent application examination process. Hopefully someone can shed some light. If a patent application has been filed but not yet published, does ...
1
vote
2answers
898 views

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. ...
1
vote
1answer
485 views

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 ...
1
vote
1answer
154 views

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 ...
1
vote
1answer
616 views

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 ...
1
vote
4answers
4k views

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
1
vote
1answer
683 views

Can I file US provisional patent, and publish the invention, then file for PCT after that? For how long can it be legal?

I will file provisional patent, then publish it. Can I file PCT application after that based on US provisional priority date? If yes, what is the maximum time I can have before filing PCT application?...
1
vote
1answer
43 views

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 ...
1
vote
1answer
32 views

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 ...
1
vote
1answer
56 views

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-...
1
vote
1answer
198 views

Provisional Patent Application validity questions

I am considering filing a Provisional Patent Application (PPA) on my own. If PPAs are never examined, is it correct to assume that I get a "patent pending" on whatever (since it is not ...
1
vote
1answer
74 views

Out of USPTO and GCC which one should be filed first?

I want to protect my invention in gulf and US both. Now shall I first file in Gulf (GCC) and then move to USPTO or the V.V ?
1
vote
1answer
858 views

Priority vs. benefit

What is the proper use of the phrases "claim priority from" and "claim the benefit of"? Can they be used interchangeably? When should both be used, if ever? Does this definition make sense: "...
1
vote
1answer
392 views

Production of patented product predates the product's patent

Patent US8144070 protects the IP concerning the portable Yagi-Uda antenna product called SuperAntenna Model YP-3... http://newsuperantenna.com/YP3-SuperBeam-Portable-Yagi-Antenna/ The problem is ...
1
vote
1answer
46 views

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 ...
1
vote
1answer
363 views

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 ...
0
votes
1answer
18 views

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 ...
0
votes
1answer
111 views

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 ...
0
votes
1answer
13 views

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 ...
0
votes
2answers
40 views

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 ...
0
votes
1answer
24 views

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 ...
0
votes
2answers
163 views

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, ...
0
votes
1answer
746 views

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 ...