How does the Paris Convention affect the filing deadline for U.S. nonprovisional applications?
How does the Paris Convention affect the filing deadline for U.S. nonprovisional applications?
The Paris Convention plays a crucial role in determining the filing deadline for U.S. nonprovisional applications claiming priority to foreign applications. The MPEP explains:
“Under the Paris Convention, the right of priority may be based on an application for a patent or for the registration of a utility model or an industrial design, filed in a country signatory to the Convention.” (MPEP 213.03)
Key points about the Paris Convention’s impact on filing deadlines:
- It establishes a 12-month priority period for utility patents and plant patents.
- For design patents, it provides a 6-month priority period.
- The priority period starts from the filing date of the earliest foreign application.
- It applies to applications filed in any country that is a member of the Paris Convention.
This international agreement ensures that inventors have a reasonable timeframe to file patent applications in multiple countries while maintaining the priority date of their original filing. It’s crucial for applicants to be aware of these deadlines when planning their international patent strategy.
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