Priority

the term of the priority (v. lat. prior = the front) designates

  • generally the priority of a thing, a standard of valuation or a person opposite another. This can be interpreted both in the temporal as well as in the meaning-moderate sense.
  • with respect to the range of the commercial legal protection the demand of the date of a first patent right registration for one or more subsequent applications, usually in other countries (see below)

generally senses one can differentiate even between higher and lower priority (e.g. with resources, which a computer assigns to different programs running on it). Classifying the priority of individual tasks is a substantial component time management.

commercial legal protection

in the area of the commercial patent rights (patents, marks etc.) was agreed upon as one of the first international agreements in the PVÜ (Paris federation agreement) that on the basis of a first registration in a first country all member states of the appropriate agreement recognize the time rank of this first registration within certain periods (patents 12 months marks 6 months) also for appropriate subsequent applications in its countries, if contents of the subsequent application agree natural with the Erstanmeldung.

That is therefore important for the applicant, because by a patent only one invention can be protected, on its announcing day in relation to the state of the art is new and on an inventive activity is based. For a patent application if a priority is taken up, everything that was made accessible the announcing day ago, but after the priority day of the public, ranks not among thereby the state of the art which can be considered and cannot not harm the patenting barness of the patent application therefore.

Example:

Erstanmeldung in DE am 1. Januar 2000 => (identical!) Subsequent applications bspw. in FR, US or in the collecting procedures for Europe (EPÜ) or the world (PCT) possible up to the 1. January 2001 (+ if necessary. Holiday rules), without state of the art, e.g. at the 1. June 2000 admits becomes, the subsequent applications opposes

 

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