Monday, October 25 2021   \  Published by IP Villar.

Paris Convention and Priority

There is a Convention, the Paris Union Convention (CUP), for the protection of industrial property (Paris, 3/20/1883), and this Convention regulates the priority for industrial property.

Priority is an issue that raises many doubts, we will analyze them below


What is the right of priority? What is priority in patents? The priority in the brands? The priority in the designs?

The right of priority is a right that confers a period of time to extend the protection of the invention, enjoying the same rights as in the priority application. This means that based on the date of a first application for registration in one of the Contracting States, the applicant has a period to request protection in other States of the Convention in which subsequent applications will be deemed to have been requested on the date of the initial application. In other words, they will have "priority" over the applications presented by others for the same invention in the intermediate period between the date of the first deposit and the subsequent dates of presentation in the different national offices.

It should be noted that the right is the same both in patents, utility models, trademarks and designs, where it differs depending on the type of industrial property is in the duration of the priority period. Continue Reading

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