4 votes
Accepted

How can the difference between "Priority Date" and "Filing Date" be greater than 1 year?

It is likely you are seeing the effects of a continuation (or divisional, outside of the US). The continuation retains the priority date of its parent, but has a much later filing date. By way of ...
Maca's user avatar
  • 6,178
3 votes
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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?

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 ...
George White's user avatar
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3 votes
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If a patent is abandoned and later revived, does that affect the priority date?

You keep all the priority dates. Upon reinstatement, everything is reinstated. It can have an effect on Patent Term Extension.
George White's user avatar
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3 votes
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EPO application-Slight constructal changes on dependent claim

As another answer points out, there is usually back and forth with the examiner to get to allowable claims. You are correct that under EPO rules some specific patent documents filed earlier than your ...
George White's user avatar
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2 votes
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Will claiming priority from provisional patent reveal it?

Will claiming priority from a provisional reveal it to public? Yes. A provisional application is never itself published (37 CFR 1.211(b)). However, a provisional application becomes part of the file ...
Maca's user avatar
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2 votes
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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)

Priority claims are governed by the Paris Convention art 4. Arts 4(C)(1)–(2) requires that priority can be claimed for twelve months from the date of filing the first application. Art 4(C)(4) provides ...
Maca's user avatar
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2 votes
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Should I abandon my provisional and start over?

Do I do a rush job in the next couple weeks on my regular app, keeping my provisional as priority, and hope to amend with professional help later? It is especially common for the ideas in a ...
Maca's user avatar
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2 votes

US patent application based on the contents of Chinese patent applications

Priority is governed by 35 USC §119(a). The important part for us is the beginning, which provides: An application for patent for an invention filed in this country by any person who has, or whose ...
Maca's user avatar
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2 votes
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Is 12-month Paris Convention priority claim deadline extendable?

In a nutshell, NO, the 12 month priority period is non-extendable. BUT... in legal stuff there is almost always an available remedy for time limits. This is only for rare and extreme cases though. ...
chempatent1981's user avatar
2 votes
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Can you claim internal priority with the PCT?

As you have found, the patent laws of Germany, Japan and Korea provide that a later-filed international application that claims priority of an earlier filed national application has the effect of ...
George White's user avatar
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2 votes

How exactly patent priority date works when multiple priority dates claimed?

Just to clarify this question about priority dates from a European patent application perspective. Each and every claim of a European patent application has one or more effective dates (yes, a single ...
the Europeist's user avatar
2 votes
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How exactly patent priority date works when multiple priority dates claimed?

In the first sentence of the non-provisional you claim priority to both of the provisionals. During the prosecution of the application and any divisionals or continuations you will have specific ...
George White's user avatar
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2 votes
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Find the element providing a priority date

Priority, internationally, is under the Paris Convention. It has nothing to do with the idea of a provisional application, although a US provisional can as as a priority document under Paris. The ...
George White's user avatar
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2 votes
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Corona and Priority Rights

The WIPO has not announced any modifications to deadlines for filing under the PCT. WIPO announced, "processing of applications filed via WIPO’s Global IP Services has not been affected by the ...
EA Kretzmer's user avatar
2 votes
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Is it possible to claim priority from two different applications?

Yes, it is possible. Art. 8(1) PCT: The international application may contain a declaration, as prescribed in the Regulations, claiming the priority of one or more earlier applications filed in or ...
the Europeist's user avatar
2 votes
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Provisional application in UK

I am not familiar with the requirements of UK's IPO when it comes to according a filing date, which is the relevant act for generating a priority right. At the EPO you can follow the same procedure ...
the Europeist's user avatar
2 votes

Provisional application in UK

As there is no provisional filing in UK, you have the (nice) option to file a patent and not pay for it. If you do that before 31 March 2021 the cost will be £60, after that date it will be £75 when ...
YOGO's user avatar
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2 votes

Circumventing non-entry into national phase

Extend past 30 months Each country/regional office has its own deadline and exceptions. For example, the EPO is 31 and 32 is ok in China with additional payments month deadline and it looks like it ...
George White's user avatar
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2 votes
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Can one file in the EPO without claiming priority to a corresponding U.S. provisional that is not the first filing?

If the US non provisional has not published and the invention being disclosed and claimed in the EPO filing has not otherwise been disclosed publicly then novelty isn’t broken and you can file in the ...
George White's user avatar
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1 vote

If I made patent application in EPO, does this application benefit from 12-month priority under Paris convention?

The answer regarding PCT is easy. A PCT application is not an application to the non-state WIPO. It is a bundle of application to 140+ countries. Regarding the EPO. I'm sure Paris applies but did not ...
George White's user avatar
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1 vote

Is it pre-AIA 102(a) or pre-AIA 102(e)(2)

It would not be prior art under pre-AIA 102(a) because it was not filed in the U.S., or published anywhere or patented in a foreign country before B. Unless it somehow had an early publication rather ...
George White's user avatar
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1 vote
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Can a CIP claim priority to a provisional application filed after the parent non-provisional?

Yes I suggest - "This application is a continuation-in-part of co-pending application ZZ/YYYYY filed on ZZ/Z/ZZZZ and claims the benefit of provisional application XX/YYYYY filed on XX/X/XXXX."
George White's user avatar
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1 vote

What is the proper way to file both USPTO and PCT application?

Note - If you are not in the U.S. you need to file the PCT application either with the IB in Geneva or with your local patent office, not with the USPTO. Specifically regarding the 100 claims in the ...
George White's user avatar
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1 vote
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What is the proper way to file both USPTO and PCT application?

Whether you have to claim priority in the PCT application from the US non-provisional depends on two factors: Does the US non-provisional disclose subject-matter not contained in the two US ...
the Europeist's user avatar
1 vote
Accepted

Non-provisional application merely incorporating by reference provisional application?

Edited for below comments. MPEP 2163.07(b): Incorporation by Reference [R-11.2013] Instead of repeating some information contained in another document, an application may attempt to ...
BobtheMagicMoose's user avatar

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