2.21.3.12 Convention Priority Dates

Note: The information in this part only applies to:

•  standard patent applications with an examination request filed before 15 April 2013.  
•  innovation patents with an examination request filed before 15 April 2013.
•  innovation patents where the Commissioner decided before 15 April 2013 to examine the patent.

For all other standard patent applications/innovation patents, see 2.21.3.12A Convention Priority Dates.

The priority date of the claims of a Convention application is determined by reg 3.12 (see 2.12.1.1 Priority Date of Claims and 2.12.1.3 Priority Date Issues Specific to Convention Applications).

In general, examiners will not need to determine the priority date of the claims during examination. An exception to this occurs if a document is found that would constitute a citation against a claim only if the claim takes a priority date of the date of filing of the application.  Where claims take a later priority date because a basic application is filed outside the 12 month Convention period, examiners should follow the practice outlined in 2.21.3.5 Basic Application Outside 12 Month Convention Period.

A Convention application may also derive priority under other provisions of the Act and Regulations, for example, by being associated with a provisional application or by being a divisional application.