A convention application is a patent application that is filed under an international patent treaty, like the Paris Convention or the Patent Cooperation Treaty. It enables inventors to seek patent protection in multiple countries simultaneously. There are also provisional applications, which establish a date for prior art and constructive reduction to practice, and divisional applications, which are filed when an examiner determines that a disclosure reveals two or more distinct inventions.
A convention application is a specific type of patent application that is submitted in accordance with an international patent treaty, such as the Paris Convention or the Patent Cooperation Treaty. Its purpose is to enable inventors to seek patent protection in multiple countries by submitting just one application. For instance, if an inventor files a convention application in the United States, they can utilise that application to seek patent protection in other countries that are part of the treaty. This approach can be more efficient in terms of both time and money compared to filing separate applications in each individual country. There are also other types of patent applications available, including provisional applications (used to establish a priority date for an invention), continuation applications (used to continue the prosecution of an earlier application), divisional applications (used to claim a different invention from an earlier application), and international applications (filed under the Patent Cooperation Treaty to seek patent protection in multiple countries).
A convention application is a type of patent application that allows an inventor to claim priority based on an earlier filed patent application in a different country. It is filed within 12 months of the first filing and provides the inventor with the opportunity to extend their patent protection internationally.
To file a convention application, you need to submit a complete patent application along with the necessary fees to the patent office in the country where you wish to seek protection. You must also provide proof of the earlier filed application in another country.
Filing a convention application allows you to claim priority based on an earlier filed application, which can be advantageous in securing patent rights in multiple countries. It provides you with additional time to decide on the countries where you want to seek patent protection.
No, convention applications can only be filed if the earlier application was a patent application. If your earlier application was a utility model, design, or trademark application, you may not be eligible for convention application filing.
No, a convention application can only claim priority for the subject matter disclosed in the earlier filed application. You cannot add new subject matter that was not present in the earlier application.
Yes, you can file a convention application in multiple countries. However, you need to file separate applications in each country within the 12-month priority period.
If you miss the 12-month priority period, you may lose the right to claim priority based on the earlier filed application. However, you may still be able to file a regular patent application, but without the benefit of priority.
Yes, you can claim priority from multiple earlier applications in a convention application. However, each earlier application must meet the requirements for claiming priority.
Yes, you can still file a convention application even if your earlier application was rejected. However, it is important to address the reasons for rejection in the new application to increase the chances of success.
Yes, you can modify the claims in a convention application. However, the modifications should still be within the scope of the subject matter disclosed in the earlier filed application.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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