EPO Set To Clarify Priority And Divisional Application Problem

Law360, New York ( August 20, 2015, 10:19 AM EDT) -- The right of priority was first introduced by the Paris Convention for the Protection of Industrial Property in 1883 and is now an important part of patent law around the world. The general idea of the priority right is to allow inventors to file one initial application in one country and then to file subsequent applications for other countries within one year of the priority application. This was meant to enable inventors to obtain worldwide protection for an invention without the need to file applications in all countries on the same day. The concept of priority has been considered so important that it is included in national patent laws and even the Patent Cooperation Treaty acknowledges the right to priority. The European Patent Convention (EPC) acknowledges the Priority right in Article 87 EPC....

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