Talk:Priority right

The priority right belongs to the applicant or his successor in title and allows him to file a subsequent application for the same invention, design or trademark and benefit, for this subsequent application, from the date of filing of the first application for the examination of certain requirements.

I don't understand this sentence. Why should someone apply for the same invention again? --Abdull 11:00, 15 July 2006 (UTC)

The phrase "same invention" is somewhat misleading. A given patent application may disclose many different patentably distinct inventions related to the same new product. Edison's original light bulb patent, for example, U.S. patent 223,898 , disclosed a new product (light bulb) with a thin carbon filament (first patentably distinct invention, at least by today's rules) and a means for attaching the carbon filament to platinum lead wires (second patentably distinct invention).

A patent examiner, however, will examine claims directed to only one of those inventions. Hence the applicant may refile the original patent application as one or more additional patent applications. Each one of the new applications has claims directed to a different one of the patentably distinct inventions. Each application is examined separately. All applications, however, “claim priority” to the originally filed patent application. There are other reasons for filing new patent applications that claim priority to earlier filed applications as well.--Nowa 16:27, 16 July 2006 (UTC)

Oftenly the same invention is applied again but in other countries distinc to that where the first application was made. —Preceding unsigned comment added by 148.243.216.3 (talk • contribs)

Not clear

This article is not very clearly explained. Could someone simplify it somewhat so that the concept can be more clearly understood by a layman? Thanks. ReluctantPhilosopher (talk) 08:33, 7 March 2008 (UTC)

I have added a new "Example" section. I hope this helps. --Edcolins (talk) 21:58, 7 March 2008 (UTC)

Hey! yeah it's much clearer now. Thanks a lot !! ReluctantPhilosopher (talk) 07:30, 9 March 2008 (UTC)

Request to Fine-Tune the Example

I like the example also! However, it is still unclear to me whether this example applies only to EU countries or whether it would apply to the U.S. (and other non-EU countries) as well. Let's say, for example, that Ms A is a U.S. citizen and files her invention in the U.S. on 7/15/06. She does not file a PCT (Patent Cooperation Treaty) Application. Does her U.S. filing give her an internationally-recognized priority date of 7/15/06? Or would she need to file a PCT Application in order to obtain an internationally-recognized priority date?24.105.139.53 (talk) 12:25, 3 December 2008 (UTC)CuriousPerson

Thanks for your feedback. The example also applies to the U.S., because the U.S. is member of the Paris Convention. No need to file a PCT (although this may have some advantages, see Patent Cooperation Treaty). Example: GB 2418275  filed on September 16, 2005 claims priority of a first filing in the US on September 17, 2004. --Edcolins (talk) 22:38, 3 December 2008 (UTC)

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