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Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration petition, filed on behalf of him or her, is received by the United States Citizenship and Immigration Services (USCIS).
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). [1] [2] [3]
For example, there are about 23,000 visas available for married sons and daughters of US citizens; if the number of applicants in a year is over the available visa numbers, those applicants are placed in a queue and are given a priority date, which basically estimates when an applicant would get a visa based on the number of previous applicants ...
In the United States, for utility patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest filing date of the application on which the patent was granted and any prior U.S. or Patent Cooperation Treaty (PCT) applications from which the patent claims priority (excluding provisional applications). For patents ...
It is filed after the earlier application (usually some years later), but keeps the same filing and priority dates as the earlier application. That way the divisional is not affected in terms of its patentability by any publications which occur between the filing of the earlier application and the filing of the divisional.
In patent law, when a priority is validly claimed, the date of filing of the first application, called the priority date, is considered to be the effective date of filing for the examination of novelty and inventive step or non-obviousness for the subsequent application claiming the priority of the first application.
A provisional application is a patent application filed at the intellectual property offices of some countries. It does not mature into an issued patent and is deemed abandoned one year after its filing. It is used to secure a filing date for a subsequent non-provisional patent application claiming priority of the provisional application.
The search report is published, generally with the application 18 months after the priority date of the application, and as such is a public document. The search report is useful to the applicant to determine whether the application should be pursued or if there is prior art which prevents the grant of a useful patent, in which case the ...