What is the significance of the Paris Convention in foreign priority claims?
What is the significance of the Paris Convention in foreign priority claims?
The Paris Convention plays a crucial role in foreign priority claims for patent applications. Its significance includes:
- Establishing the right of priority for patent applications among member countries.
- Allowing applicants to file in multiple countries while maintaining the original filing date.
- Providing a 12-month priority period for utility patents (6 months for design patents).
- Ensuring equal treatment of foreign and domestic applicants in member countries.
According to MPEP 213: “The right of priority is defined in Article 4 of the Paris Convention for the Protection of Industrial Property and is based on the first filing in a Paris Convention country.” This convention facilitates international patent protection by allowing inventors to secure priority dates across multiple jurisdictions.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 213-Right of Priority of Foreign Application,
Patent Law,
Patent Procedure