8.16.4 Convention Priority Dates

Also in this Chapter:

• 8.16.1 Convention Country Listing

• 8.16.2 Convention Country Status Change

• 8.16.3 Basic Application Outside 12 Month Convention Period​​​​​​​

Key Legislation:

Patents Regulations:

• reg 3.12 What this Division is about

Related Chapters:

• 2.12.1.1 Priority Date of Claims
• 2.12.1.3 Priority Date Issues Specific to Convention Applications
• 2.21.3.5 Basic Application Outside 12 Month Convention Period

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.