What is the “priority date” in the context of the Patent Cooperation Treaty (PCT)?
The priority date is a crucial concept in the Patent Cooperation Treaty (PCT) system. According to MPEP 1842, “Time limits under the PCT are measured from the ‘priority date’ of the application.” The MPEP further explains:
“The priority date for the purposes of computing time limits is defined in PCT Article 2(xi). Where an international application does not contain any priority claim under PCT Article 8, the international filing date is considered to be the priority date.”
In other words, the priority date is typically the filing date of the earliest application from which priority is claimed. If no priority is claimed, the international filing date becomes the priority date for PCT time limit calculations.
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