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ARTICLE · 29 AUGUST 2019

A Simple Guide To Priority In The UK

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Priority is a core concept of patent law as the novelty and obviousness of an invention is judged as of the priority date.

United KingdomIntellectual Property

Priority is a core concept of patent law as the novelty and obviousness of an invention is judged as of the priority date. Unless priority is claimed from an earlier patent application, filed up to 12 months earlier, the priority date for an application is the filing date for the application. Where an application claims priority from an earlier application, any subject matter which is contained in the earlier application which is also contained in the later application will be entitled to the filing date of the earlier application.

However, claiming priority in the UK is subject to a number of detailed rules which are discussed in the following.

When must an application claiming priority normally be filed?

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