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CJEU: The Paris Convention does not allow cross-IP priority claims

The IPKat

As a reminder, Art. As a reminder, Art. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa. 41(1) CDR , provided that the subject matter of the two applications is substantively the same.

IP 113
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The Design Law Treaty and the Struggle for International Harmonization of Industrial Design Protection

Patently-O

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. In the US, these are design patent rights. ” Several years ago, the US implemented the Hague Agreement Concerning the International Registration of Industrial Designs (Hague System).

Designs 40
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How To Patent An Idea: What You Need To Know About the Patent Application Process

Patent Trademark Blog

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Unlike filing trademark and copyright applications, deadlines for filing patents are much less forgiving.

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What happens if your patent is rejected?

Patent Trademark Blog

Yes for utility, and probably not for design. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once.

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Intellectual Property 101: Filing for a Patent in Canada and Beyond

IPilogue

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Unfortunately, there is no such thing as an international patent, but there are options for international patent filing. Madelaine published this article as a requirement for her internship at ventureLAB.

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Does the Paris Convention allow cross-IP priority claims?

The IPKat

Priority claims for IP rights allow obtaining an earlier priority date for an IP application based on an earlier IP application in another country. For member states of the Paris Convention, Art. For member states of the Paris Convention, Art. KaiKai’s appeal was dismissed by the EUIPO Board of Appeal (‘BoA’).

IP 52
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What is a straight continuation application?

Patent Trademark Blog

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. PCT), or an international design application.