Claim of Priority Clause Samples
A Claim of Priority clause establishes a party's right to benefit from an earlier filing date for a patent or intellectual property application, typically based on a previous related filing. In practice, this clause allows an applicant to reference an earlier application—often filed in another country or jurisdiction—so that the later application is treated as if it was filed on the same date as the original. This mechanism is crucial for protecting inventions or works from being invalidated by intervening disclosures or filings, ensuring that the applicant's rights are preserved across different regions and timelines.
Claim of Priority.
(1) Any person wishing to avail himself of the priority of an earlier application shall be required to attach to his application for a patent or to send to the Organization at the latest six months following the filing date of his application
(a) a written declaration stating the date and number of the earlier application, the country in which it was filed and the name of the applicant;
(b) a certified true copy of the said earlier application;
(c) if he is not the person who filed the earlier application, a written authorization from the applicant or his successors in title authorizing him to avail himself of the priority in question.
(2) The applicant who, in respect of a single application, seeks to avail himself of two or more rights of priority shall comply with the provisions mentioned above for each of them; he shall also pay a fee for each priority right claimed and shall produce evidence of payment of the fee within the six-month period mentioned in paragraph (1) above.
(3) Failure to present any one of the documents mentioned above within the time limit shall automatically entail, for the application under consideration, loss of the benefit of the priority right claimed.
(4) Any document that reaches the Organization more than six months after the filing of the patent application shall be declared inadmissible.
Claim of Priority.
(1) Any person wishing to avail himself of the priority of an earlier application shall be required to attach to his application for registration or to send to the Organization at the latest three months following the filing date of his application
(a) a written declaration stating the date and number of the earlier application, the country in which it was filed and the name of the applicant;
(b) a certified true copy of the said earlier application.
(2) The applicant who, in respect of a single application, seeks to avail himself of two or more rights of priority shall comply with the provisions mentioned above for each of them; he shall also pay a fee for each priority right claimed and shall produce evidence of payment of the fee within the three-month period mentioned in paragraph (1) above.
(3) Any priority claim that reaches the Organization more than three months after the filing of the application shall be declared inadmissible.
Claim of Priority. 11 Unacceptability Due to Non-Payment........................... 12 Conditions of Acceptability and Filing Date................. 13 Registration of the ▇▇▇▇ ............................................... 14 Appeal Against Rejection of the Application................ 15 Issue of the Certificate of Registration.......................... 16 Publication .................................................................... 17 Opposition..................................................................... 18
Claim of Priority. 16 Unacceptability Due to Non-Payment........................... 17
Claim of Priority. (1) Any person wishing to avail himself of the priority of an earlier application shall be required to file his patent application within 12 months of the earlier filing date.
(2) Within six months of filing the application, the applicant shall attach to the application, or provide to the Organization, the following documents:
(a) a written declaration stating the date and number of the earlier application, the country in which it was filed and the name of the filing party;
(b) a certified true copy of the earlier application; and
(c) if he is not the person who filed the earlier application, a written authorization from the applicant or his successors in title authorizing him to avail himself of the priority in question.
(3) An applicant who, in respect of a single application, seeks to avail himself of two or more rights of priority shall comply with the provisions mentioned above for each of them; he shall also pay a fee for each right of priority claimed and shall produce proof of payment of the fee within the six-month period mentioned in paragraph (2) above.
(4) Any priority claim or priority documents that reach the Organization more than six months after the filing of the application shall entail loss of the right of priority.
(5) However, the right of priority referred to in paragraph (4) above may be reinstated in accordance with Article 45 below.
(6) The decision rejecting the request for reinstatement may be appealed against before the High Commission of Appeal.
Claim of Priority. (1) Any person wishing to avail himself of the priority of an earlier application shall be required to file his application for registration with the Organization within six months of the previous filing date.
(2) Within three months of filing the application, the applicant shall attach to his application for registration, or provide to the Organization, the following documents:
Claim of Priority. (1) Any person wishing to avail himself of the priority of an