Patent and Invention Help Forum

Can I claim priority over an application before a PCT publication?

iper

Hello

I have filed a PCT(1) which has been now published.
Just before the PCT(1) publication, I had filed another national Application(1) for the same invention where I included some additional things.

Is it possible that I now file a new PCT(2) with the additional things and claim priority over the Application(1) that I filed before the PCT publication?

Will my PCT(2) have to be novel over my PCT(1)?

I really want to proceed with patenting my Application(1) and not my PCT(1) so that I include all the details and additional things I want.

Thanks!

Brad

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Re: Can I claim priority over an application before a PCT publication?
« Reply #1 on: January 13, 2021, 04:55:30 PM »
Does your recently filed National Stage claim priority to your first PCT?

If so, you may be able to claim priority to that and because that already includes a priority claim to the first PCT it may be included naturally through that priority chain. 

It is very rare for one PCT to claim priority to another PCT and I am not even sure if this is possible.  It would require some research.

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