Question 5
Domain 4: Post-Grant Proceedings, Appeals, and International Patent LawWhat is the significance of the Paris Convention priority right?
Correct answer: B
Explanation
The Paris Convention priority right lets an applicant use the filing date of an earlier application as the effective date for later filings in member countries. It must be claimed within the convention period, which is generally “12 months” for patents, so the later application can rely on the earlier foreign filing date.
Why each option is right or wrong
A. It allows an applicant to extend patent protection for 5 additional years
B. It allows an applicant to claim the filing date of an earlier foreign application filed within 12 months
Under Article 4(C)(1) of the Paris Convention for the Protection of Industrial Property, a patent applicant who files in another member country within 12 months of the first filing may claim that earlier filing date as the priority date. The practical effect is that the later application is treated, for priority purposes, as if filed on the date of the first foreign application, provided the 12-month period is met.
C. It eliminates the need for examination in member countries
D. It provides automatic patent protection in all member countries