Conventional Patent File with Professionals

Conventional Patent Filing is the act of filing a patent application in another country while taking the date of an application filed earlier in a member country of the Paris Convention as a reference date. The Paris Convention allows an applicant to file a subsequent application in other member countries within a year (12 months) from the initial filing. This is done while keeping the initial filing date as the priority date.

Simultaneous filing of applications is not a requirement under this convention, which means that applicants can seek patent protection in different countries one by one over time. This strategy is useful because it allows time to gauge business prospects, secure funding, or obtain necessary documentation while preventing loss of novelty on the invention in several countries. Unlike PCT filings, this is not done through a single application and instead requires individual applications in each desired country within the 12-month period.

An applicant’s primary goal is to extend patent coverage to additional countries while retaining the reference date of the original application. This allows patent applicants to control the timing of their international submissions in such a way that they do not lose their patent rights. It assists in developing an international IP framework that balances rationalised cost and effective operational output.

Conventional filing also allows focused entry into particular jurisdictions for commercial reasons, licensing options, or competitive concerns. By observing priority rights under the Paris Convention, inventors ensure that no third party can render invalid their subsequent application based on disclosures or filings that predate the priority date.

Maintaining a consistent priority date is important for enforcing IP rights globally. A conventional application:

• Protects against potential local disclosures that would invalidate novelty under local jurisdiction laws, even if disclosed post-priority date.
• Provides flexibility with jurisdictional targets relative to evolving business objectives.
• Minimises initial filing expenses by postponing international applications while obtaining worldwide rights.
• Enhances legal position against potential infringement claims or in opposition proceedings.
• Failure to make a timely conventional filing risks loss of filing rights in other jurisdictions, global market exclusivity, and commercial potential.

A conventional patent filing best serves:

• Inventors and firms who have a domestic patent application yet are contemplating an expansion beyond borders.
• Startups and SMEs that want to gauge market and investor interest before investing in global filings.
• Businesses contemplating global launches or partnerships, along with the need to integrate their IP and business frameworks.
• Academic institutions and R&D entities filing in phases while considering technology transfer or commercialisation prospects in other countries.
• To maintain eligibility, the second or further filing must take place within one year from the date of the first priority application.

Traditional filings have numerous legal and tactical benefits:

• International Priority Claim: Protection of the filing date in multiple jurisdictions is maintained legally.
• Strategic Market Delay: Allows sufficient time to assess the business opportunity before investing in complex or high-cost markets.
• Market Assessment: Enables initial testing of the market and valuation of the patent before making international investments.
• Budget Management: Delays the expenditure of securing global coverage while legally maintaining the position.
• Legal Strength: Enhances the foreign filings’ enforceability by legally binding them to an established, earlier filing date.

These benefits are crucial for businesses that expand their patent portfolio internationally and need an efficient patent-filing strategy.

AnalystIP employs a unique legal, technical, and jurisdictional integrated approach to managing conventional patent filings. Your legal rights are safeguarded through experienced attorneys and a global network of associates, assuring that every sequential filing is accurately prepared, submitted, and prosecuted.

Our services comprise:

• Advising on qualifying and the limits of the original application to maintain robust priority claims.
• Preparing documentation and translations relevant to the jurisdiction’s specific requirements.
• Collaborating with local patent lawyers in designated countries to ensure adherence to procedural formalities.
• Supervising the timeline for submissions and confirming all submissions are made within 12 months.
• Formulating strategies for IP expansion in priority countries with significant commercial value and strong enforcement opportunities.

• Filing Priority Date Safeguarding: Through precise and prompt submissions, we guarantee the preservation of your prioritized rights.
• Worldwide Filing Integration: Through our legal networks, we ensure an uninterrupted filing process across borders.
• Sound Legal Application Drafts: Applications are vetted by relevant country legal professionals to ensure proper compliance.
• Business Goals Driven Approach: We adapt conventional filing strategies to your market and partnership objectives.
• Streamlined Deadline Management and Follow-through: All timelines are rigorously controlled with oversight and automated compliance monitoring systems.