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| What is the "priority" system - and where did it come from? The Paris Convention - it was originally intended to overcome the practical problems faced by patentees in securing patent protection in a number of different countries - in the absence of a priority period, a prospective patentee would have to co-ordinate all applications to ensure that they are filed simultaneously, otherwise there would be a risk that after the original application had been filed in prospective patentee’s home state, later applications in other states would be refused on the grounds that they lacked novelty. The solution in the Paris Convention was to treat the original application as fixing the priority date for subsequent applications, provided the subsequent applications were made within 6 months of the original application (later extended to 12 months). |
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