What is Priority Right and What are the benefits of the priority right to the inventor?

The priority right is an intellectual property right stemmed from a prior application. In other words, an inventor may file a patent application in another country within 12 months after a prior patent application in any country and request a priority right based on his first application.

EXAMPLE: Mr. Ahmet filed a patent application in Turkey on 5th October 2009. Mr. Braun filed a patent application for the same invention in Germany on 10th October 2009.Then Mr. Braun filed a patent application for the same invention in USA on 15th March 2010 by claiming the priority right of German application. And Mr. Ahmet filed a patent application for the same invention in USA on 1st October 2010 by claiming the priority right of Turkish application.
The question is that: Who has the right to file a patent application in USA?
Answer: Since Mr. Ahmet's prior patent application's date is prior to the Mr. Braun's prior application's date, Mr. Ahmet has the right to file a patent application in U.S.A.
 
The priority period for patent applications is 12 months.
The priority period for trademark applications is 6 months.
The priority period for industrial design applications is 6 months.

 11270,    27  Sep  2021 ,   Patent
Login to post comments

About Us

Meslek Patent Logo

Protech Teknoloji Danismanlik Ltd. Co, established in 2007 to provide services in the field of patent, trademark and design registrations, with its intellectual property experts, provides consultancy services to its customers, regarding the patent registrations for the inventions created in Turkey, industrial design registrations for the original designs revealed, and trademark registrations for the product names, company names while adhering to the strict, professional, fast service and reasonable price policies.