4 votes
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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 ...
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  • 6,103
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.
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3 votes

Features not disclosed in provisional application priority date

You are correct. From MPEP 211.05 A: for a claim in a later filed nonprovisional application to be entitled to the benefit of the filing date of the provisional application, the written description ...
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  • 524
3 votes
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Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

Before publication, the examiner can't cite it. After it publishes, it can be used as prior art, back dated with the date of the filing or priority date. To contrast a patent with other publications:...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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  • 6,103
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 ...
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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. ...
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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 ...
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  • 25.4k
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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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  • 192
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 ...
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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 ...
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1 vote
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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 ...
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1 vote

I have patent applications for the same invention in different countries. Can I choose which application to use as priority for a PCT one?

No. Under the Paris Convention you can only claim priority to the first filed application. The exception to this is if the first application is abandoned without being published and was never used in ...
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1 vote
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Is claiming priority with a different inventor essentially madness?

Consider the following scenario: Prov1 - Filed on 1 July 2016 NP1 - Filed on 1 June 2017, claiming priority to Prov1 NP2 - Filed on 1 July 2017, claiming priority to Prov1 Once NP1 is published, it is ...
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  • 6,103
1 vote

Is 12-month Paris Convention priority claim deadline extendable?

It appears that a 2-month grace period was added as part of the PLTIA (effective Dec 18, 2013). See this article: The rule changes also permit the restoration of a priority claim in a U.S. ...
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