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ARTICLE · 10 JUNE 2022

Priority Applications – Where Should I File?

The priority year is a well-known and well-used feature of the patent system. In short, the priority year provides applicants with 12 months from the filing of an initial patent application...

United KingdomIntellectual Property
Akvile Lukauskaite
Akvile Lukauskaite
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The priority year is a well-known and well-used feature of the patent system. In short, the priority year provides applicants with 12 months from the filing of an initial patent application, within which to file additional patent applications to the same invention in other countries or jurisdictions. This allows applicants to 'plant a flag in the sand' for their invention, while deferring the costs associated with multiple filings.

A further benefit is that the search report issued in respect of the initial priority application can generally be used to inform decision-making regarding additional filings to the same invention. For example, a positive search report may give an applicant confidence to proceed with an 'international' PCT application, whereas an applicant may choose to follow a more conservative filing approach in a small number of key territories (or not file at all!) if the search report cites potentially problematic documents.

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