6.1.14 Priority Document

Also in this Chapter:

• 6.1.1 Procedural Outline - PCT International Search

• 6.1.2 Introduction - International Searching​​​​​​​

• 6.1.3 Search Allocation and Preliminary Classification

• 6.1.4 Unity of Invention

• 6.1.5 Abstract and Title

• 6.1.6 Subjects to be Excluded from the Search

• 6.1.7 Claim Interpretation, Broad Claims, PCT Articles 5 and 6​​​​​​​

• 6.1.8 Search Strategy

• 6.1.9 Basis of the Search

• 6.1.10 Non-Patent Literature

• ​​​​​​​​​​​6.1.11 Search Procedure

• 6.1.12 Search Report and Notification Form Completion

• 6.1.13 Reissued, Amended or Corrected ISRs and ISOs​​​​​​​

• 6.1.15 Foreign Patent Search Aids and Documentation

• 6.1.16 Assistance with Foreign Languages

• 6.1.17 Rule 91 Obvious Mistakes in Documents

• 6.1.18 Nucleotide and/or Amino Acid Sequence Listings

• 6.1.19 Annexes

Key Legislation:

Regulations under the PCT:

• Rule 26bis.3 Restoration of Right of Priority by Receiving Office

PCT ISPE Guidelines:

• Chapter 6 The Right to Priority

• Paragraph 17.29 Box No. II: Priority

Related Chapters:

• 7.11.3 Restoration of the Right of Priority under the PCT

On this page

• Priority date considerations

• Locating a priority document

Priority date considerations

The validity of the priority date claimed by a PCT application is not an issue for international searching. This includes any right of priority restored under PCT Rule 26bis.3 (see 7.11.3 Restoration of the Right of Priority under the PCT). However, the validity of the priority date may need to be assessed when producing an International Search Opinion (ISO).  

For an International Search Report (ISR), the priority date is assumed to be the filing date of the PCT application. That is, any citation published prior to the filing date of the PCT application (rather than the priority date) should be cited as a prior publication. For an ISO, it may be necessary to determine what priority date a PCT application is entitled to, if a citation in the ISR is published after the earliest priority date. In this case it will be necessary for the examiner to view the priority document, if possible. See PCT/GL/ISPE/12 at Chapter 6.

Examiners may also need to view a priority document for reasons unrelated to priority date determination, such as to gain a better insight into the subject matter of the PCT application.

Locating a priority document

Viewing a priority document will be straightforward in most cases because the application will be an Australian provisional or standard application, which the examiner can access using RIO. 

However, sometimes the priority is sought from an earlier application which cannot be accessed this way. For example, if the earlier application is a foreign document, which is likely the case when the PCT application was originally filed with the Receiving Office or New Zealand. Additionally, the document may not already be in the search file of the PCT application, which may be the case as the applicant has until 16 months after the priority date to file it. If an examiner needs to view such a priority document, the examiner should email the PCT Unit to request a copy of the document together with a translation where appropriate. If the PCT Unit is unable to obtain the document, the priority date is to be assumed valid – see PCT/GL/ISPE/12 paragraph 17.29.