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ARTICLE · 05 SEPTEMBER 2025

Claiming Priority (Video)

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To validly claim priority in a European patent application, four conditions must be met...

United KingdomIntellectual Property
HGF Limited
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Video overview:

To validly claim priority in a European patent application, four conditions must be met:

  1. Same Applicant or Successor in Title: The EP applicant must be the same as, or have rights from, the earlier applicant. Secure a written assignment before filing if needed.
  2. Same Invention: The invention claimed must be directly and unambiguously derivable from the earlier application. Align EP claims closely with earlier ones.
  3. First Application: The earlier application must be the first filed in a Paris Convention or WTO member country. Priority from US continuations isn't accepted; for CIPs, only new subject matter can benefit.
  4. 12-Month Deadline: The EP application must be filed within 12 months of the earlier filing. If missed, re-establishment may be possible within 2 months by showing all due care was taken.

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