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Patent Priority date from a foreign patent application

Patent Priority date from a foreign patent application
« on: November 01, 2016, 02:20:04 PM »
Hello;

Suppose I have filed a patent application in a foreign country 2 years a go, and now I want to fill a patent app with USPTO. Can I claim the priority date of this application as the one of my first application I filed in that foreign country if:
1. The application in that foreign country is published to the public on the internet by the foreign patent agency but not yet granted.
2. The application in that foreign country is published to the public on the internet by the foreign patent agency and granted.

Thank You
« Last Edit: November 02, 2016, 07:15:43 AM by Brad »

Brad

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Re: Patent Priority date from a foreign patent application
« Reply #1 on: November 02, 2016, 07:17:30 AM »
You only have 12 months from the date you filed your first application to claim foreign priority.  This is the law under the Paris Convention:  https://en.wikipedia.org/wiki/Paris_Convention_for_the_Protection_of_Industrial_Property



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