What is the significance of “Claim Priority” of an earlier patent application in India?

Basically, claim priority is a priority that an applicant claims while filing an application in multiple countries. Also, it is applicable when applicants first file a provisional application and then a complete application. Applicants need to first file a national or regional patent application with their national or regional patent Office. Also, within 12 months from the filing date (Priority Date) of the first application, the applicant has to file an international application under the PCT. The Claim Priority benefit allows an applicant to use the date of the national patent application for his/her international application. Hence, this negates the possibility of invalidation of a patent for any reason. These reasons may include not only patent infringements but also any other prosecution related issues.

If you want to claim priority for a patent application, then make sure that you refer to the Application Number correctly. The application you will file later must contain a specific reference to the original application.

Related Article: What are the Differences Between Provisional and Complete Specification?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. It deals with basics of patent procedures.

A Quick Guide to Patents - Claim Priority

A Quick Guide to Patents

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