Priority
Priority makes it possible to apply for a patent for the same invention in several countries without submitting the applications at the same time.
How does priority work?
If you apply for a patent for an invention in one country, you may request that the filing date of this first application shall also apply in other countries. This is called priority. The filing date of the first application is called the priority date.
Your application then takes precedence over other applications for similar inventions that are filed after you submitted the first application.
We, and other patent-granting authorities, assess the application based on what was known on the first filing date, i.e. the priority date itself. The questions of whether the invention is new and whether it involves an inventive step are therefore assessed based on the situation on the priority date.
If several parties apply for patents for similar inventions, the party that filed the patent application first will have the right to the patent. An early filing date can therefore be very important.
When do you have to apply to be granted priority?
You must apply in the other countries within 12 months from the day the application was submitted in the first country.
Claim for priority certificate
If you wish to request priority from your previous Norwegian application, you must order a WIPO Digital Access Service code (WIPO-DAS code) or a priority document from the Norwegian Industrial Property Office.
What happens if the priority year has expired?
If more than 12 months have passed since you submitted the first application, you will not, as a general rule, be able to claim priority from this application.
Do you need help in the application process?
Get an overview of the possibilities available to you and what you must do if you wish to file an application. The experts at NIPO are very experienced and can give you insight into what is important for you to consider during the application process.