Priority Dates - Who has Priority?
Whenever you file a specification you establish a priority date. Everything within that patent specification is entitled to the filing date (of the specification) as a priority date. If it's not mentioned in the specification, then it's not entitled to the priority date - which is why it is important to have a well drafted specification with a full disclosure of the invention and catering for future competition.
The priority date is very important.
It is used for calculating deadlines in the patent process - e.g. when applications need to be completed, overseas applications filed, and so on.
It is also used in cases where independent patents (e.g. two inventors working on the same technology) overlap. Who gets the rights to aspects which overlap? Typically whomever has the earlier filing date. Which means the person with the later priority date may only be able to claim (if possible) subject matter not disclosed in the specification of the person with the earlier priority date.
Previously the US had an alternative First To Invent system where the person with prior patent rights was determined by whomever could provide evidence they invented it first. This was a convoluted system, with the result that the US transitioned to the priority date system (sometimes called 'first to file') on 16 March 2013.
Whenever you file a specification you establish a priority date. Everything within that patent specification is entitled to the filing date (of the specification) as a priority date. If it's not mentioned in the specification, then it's not entitled to the priority date - which is why it is important to have a well drafted specification with a full disclosure of the invention and catering for future competition.
The priority date is very important.
It is used for calculating deadlines in the patent process - e.g. when applications need to be completed, overseas applications filed, and so on.
It is also used in cases where independent patents (e.g. two inventors working on the same technology) overlap. Who gets the rights to aspects which overlap? Typically whomever has the earlier filing date. Which means the person with the later priority date may only be able to claim (if possible) subject matter not disclosed in the specification of the person with the earlier priority date.
Previously the US had an alternative First To Invent system where the person with prior patent rights was determined by whomever could provide evidence they invented it first. This was a convoluted system, with the result that the US transitioned to the priority date system (sometimes called 'first to file') on 16 March 2013.
The person who files first gets priority rights.
Any such priority is limited to the disclosure of your patent specifications. Make sure they are well drafted.
The US has abolished the first to invent system, but there are still good IP reasons for documenting every step of the conception and development of an invention.
Any such priority is limited to the disclosure of your patent specifications. Make sure they are well drafted.
The US has abolished the first to invent system, but there are still good IP reasons for documenting every step of the conception and development of an invention.
