PCT AG-IP 5.057 How may the priority of an earlier application be claimed?

Article 8(1)
Rule 4.1(b)(i)
4.10

5.057.   How may the priority of an earlier application be claimed?  Any international application may contain a declaration claiming the priority of one or more earlier applications filed in or for any country party to the Paris Convention for the Protection of Industrial Property or in or for a member of the World Trade Organization (WTO) that is not party to that Convention (see www.wipo.int/pct/en/texts/pdf/pct_paris_wto.pdf).  Note that where priority is claimed of an earlier filing in or for a WTO member which is not party to the Paris Convention, a PCT Contracting State that is not a Member of the WTO is not required to recognize the effects of such a priority claim.  An earlier regional (ARIPO, Eurasian, European, OAPI or any other similar regional organization providing for the grant of regional patents and where at least one of the countries party to that regional patent treaty is party also to the Paris Convention or the WTO) application or an earlier international application can also serve as a basis for a priority claim.  Any priority claim must be made in the request.  The priority claim must contain the necessary indications which allow the earlier application to be uniquely identified.  If the earlier application was a national application, it must indicate the country in which it was filed, the date on which it was filed and the number under which it was filed.  Where the earlier application was a regional application, the priority claim must indicate the Office with which it was filed;  only where not all countries party to the regional patent treaty under which the earlier application was filed are also party to the Paris Convention for the Protection of Industrial Property (the Paris Convention) or are also members of the WTO must the priority claim indicate at least one country party to the Paris Convention or at least one member of the WTO for which that earlier regional application was filed.  Where the earlier application was an international application, the priority claim must indicate the receiving Office with which it was filed.  The two-letter code (see Annex K and paragraph 5.033) may be used for the indication of the country or, where applicable, for the Office of filing.  Subject to certain conditions, priority claims may be corrected and added, after the international application has been filed, by a notice submitted to the receiving Office or to the International Bureau (see paragraphs 6.038 to 6.044).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 02 November 2015

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