In the world of industrial property, the priority of a patent is one of the most important concepts every holder or applicant should understand. This right, regulated by the Paris Convention, provides a strategic advantage for those who wish to protect their invention in multiple countries. But what exactly does it mean, and why is it so crucial?
What is patent priority?
When you file a patent application in one country, that application generates a priority right for a period of 12 months. This right allows you to file the same invention in other countries and claim the filing date of your first application as the reference point.
For instance, if you register your patent in Spain on January 1, 2025, you have until January 1, 2026, to extend that application to other countries. During this period, no similar application filed by third parties in those countries can affect your invention, as long as you respect the deadlines and requirements.
Why is priority so important?
Priority is not just a technical detail; it is a strategic tool that can make a difference in a globally competitive environment:
- Coordinated international protection: It is not necessary to file applications in all countries simultaneously. Priority allows you to plan where and how to protect your invention, without fearing the loss of rights.
- Advantage over competitors: Securing the date of your first application ensures that you are recognized as the first to register that invention, even if a competitor attempts to do so in another country within the same year.
- Time to evaluate the market: The 12-month priority period is valuable for analyzing the commercial viability of your invention, seeking strategic partners or funding, and deciding in which countries it is worth seeking protection.
- Legal certainty: The priority date is a clear and internationally recognized reference point to demonstrate the originality and novelty of your invention.
At Marqués & Ferrer, we have extensive experience in managing and advising on trademark registration. Our team of professionals is ready to guide you in selecting the appropriate classes to maximize the protection of your trademark in the market.
If you would like more information, do not hesitate to contact us. Shall we get started?