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Claim to priority ("priority" application)

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Definition

The applicant for a European patent is entitled to and may claim the priority of an earlier first application where :

- the previous application was filed in or for a State or WTO member recognised as giving rise to a priority right ;
- the applicant for the European patent was also the applicant, or is the successor in title to the applicant (the applicant held a right transmitted by another person) ;
- the European patent application is made during a period of twelve months from the date of filing of the previous application ;
- the application is in respect of the same invention as that disclosed in the previous application.

The previous application may be a patent of invention. However, priority rights arising from registrations of industrial designs are not recognised.

Note

Source : Office européen des brevets (OEB : http://www.epo.org)