Priority
Priority makes it possible to apply for a patent for the same invention in several countries without submitting the applications at the same time.
How does priority work?
If you apply for a patent for an invention in one country, you can claim priority from this application in other countries, if you apply for a patent for the same invention.
Your application will then take precedence over any other applications for similar inventions submitted after you submitted your first application, also known as the priority date.
Priority also means that the question of whether the invention is new and whether it has inventive step is assessed with respect to the priority date rather than the filing date in the subsequent applications.
If several people apply for a patent for a similar invention, the one who submitted the patent application first and thus has the earliest filing date will have the right to the patent. The filing date can therefore be very important in some cases.
When do you have to apply to be granted priority?
You must apply in the other countries within 12 months from the day the application was submitted in the first country.
Claim for priority certificate
If you wish to request priority from your previous Norwegian application, you must order a WIPO Digital Access Service code (WIPO-DAS code) or a priority document from the Norwegian Industrial Property Office.
What happens if the priority year has expired?
If more than 12 months have passed since you submitted the first application, you will not, as a general rule, be able to claim priority from this application.
Do you need help in the application process?
Get an overview of the possibilities available to you and what you must do if you wish to file an application. The experts at NIPO are very experienced and can give you insight into what is important for you to consider during the application process.