PCT Article 8 — Claiming Priority
Ninth Edition, Revision 01.2024
- (1) The international application may contain a declaration, as prescribed in the Regulations, claiming the priority of one or more earlier applications filed in or for any country party to the Paris Convention for the Protection of Industrial Property.
- (2)
- (a) Subject to the provisions of subparagraph (b), the conditions for, and the effect of, any priority claim declared under paragraph (1) shall be as provided in Article 4 of the Stockholm Act of the Paris Convention for the Protection of Industrial Property.
- (b) The international application for which the priority of one or more earlier applications filed in or for a Contracting State is claimed may contain the designation of that State. Where, in the international application, the priority of one or more national applications filed in or for a designated State is claimed, or where the priority of an international application having designated only one State is claimed, the conditions for, and the effect of, the priority claim in that State shall be governed by the national law of that State.
Cited by
- 1828 Priority Claim and Document
- 1842 Basic Flow Under the PCT
- 1859 Withdrawal of International Application, Designations, or Priority Claims
- 1893.03(c) The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application
- 213.06 Claiming Priority and Filing a Certified Copy in a National Stage Application (35 U.S.C. 371)
- 37 CFR 1.451 The priority claim and priority document in an international application
- 37 CFR 1.465 Timing of application processing based on the priority date
- PCT Article 2 Definitions
- PCT Rule 4 The Request (Contents)
- PCT Rule 17 The Priority Document
- PCT Rule 90 bis Withdrawals