TransWikia.com

Priority date of US patent for filing in other countries?

Ask Patents Asked by HMC on October 3, 2021

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 patent filing date

My question is about the definition of a 12 months. Does 12 months from 16 June 2017 mean priority can be claimed till 15th June 2018 or 16th June 2018?

Do the above dates mean that UK one is a separate filing and AUS one is not?

Regards

2 Answers

• In general, priority date is the date of filing of the first patent application (either provisional or non-provisional). Paris Convention, an international patent treaty, allows the owner of U.S. patent application to file patent applications in other countries (which are Paris Convention member countries) within one year from the U.S. filing date. The U.S. filing date serves/acts as the priority date for the foreign patent applications.

Answered by DexPatent-Caroline Charumathy on October 3, 2021

Does 12 months from 16 June 2017 mean priority can be claimed till 15th June 2018 or 16th June 2018?

18th June 2018. Exactly 1 year, latest on the day having the same date 1 year later extending to the next working day. And 16th and 17th were weekend days. (It's like that in all jurisdictions afaik, but I can't promise).

You can check the priority, it is marked on the cover page. A priority has to be explicitly claimed so the date alone doesn't tell you anything. Claiming priority later than 12 months can be possible in some jurisdictions if the date was missed on accident for example.

Answered by DonQuiKong on October 3, 2021

Add your own answers!

Ask a Question

Get help from others!

© 2024 TransWikia.com. All rights reserved. Sites we Love: PCI Database, UKBizDB, Menu Kuliner, Sharing RPP