Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: iper on January 12, 2021, 07:58:27 AM

Title: Can an email be used to claim priority?
Post by: iper on January 12, 2021, 07:58:27 AM

Hello

Can an email sent from an inventor to their patent agent, be used to claim priority over an invention or a component of an invention in a subsequent patent application?

Thanks!

Title: Re: Can an email be used to claim priority?
Post by: Brad on January 12, 2021, 09:08:56 AM

No.  Only a filed patent application can be used as a valid priority claim.

In the past you could sometimes use an email to establish your date of invention in the United States but that is no longer the case as the US moved to a "first to file" patent system from an older "first to invent" patent system.

Bottom line - get those patent applications filed as early as you can to lock on your priority date.