What are international priority claims?
The priority date determines who has the right to patent the invention. If another inventor files a patent application for the same invention after the priority date, they will not be entitled to a patent, as the earlier applicant has priority. International priority claims are essential for determining the priority of patent applications.
Case Scenario: Let's run through a example involving priority claim dates:
An inventor files a patent application in the US on January 1, 2022. The inventor then files an international patent application claiming priority to the US application on June 1, 2022. If another inventor files a patent application for the same invention on August 1, 2022, the earlier inventor would have priority, even if the second inventor filed their application first.
Why are international priority claims important?
International priority claims also play a crucial role in determining the filing deadlines for patent applications in foreign countries. When an inventor files an international patent application claiming priority to an earlier application, they have 12 months to file a patent application in each foreign country where they seek protection. This 12-month period is known as the priority period.
If the inventor fails to file a patent application within the priority period, they lose their right to the priority claim. This means that another inventor who files a patent application for the same invention after the priority period can claim priority over the earlier inventor (not ideal!).
What are the requirements to obtain an international priority claim?
An inventor has to actually include a priority claim in the international patent application, which needs to include:
The filing date, application number, and country/regional patent office of the earlier application
The name of the inventor(s) in the earlier application (if different from the inventors in the international application)
As noted above, the priority claim must be made within 12 months of the filing date of the earlier application.