Prioritätsabschrift

Prioritätsabschrift refers to a certified copy of a patent application that is filed in a foreign country within a specified time period after the initial filing in another country. This allows the applicant to claim the filing date of the original application as the priority date for the foreign application. This is a crucial aspect of international patent law, enabling inventors to protect their inventions in multiple jurisdictions without having to file entirely new applications from scratch for each country.

The priority period is typically twelve months from the date of the first filing. During this time, the applicant must file their subsequent applications in other member countries of the Paris Convention or the Patent Cooperation Treaty (PCT). The Prioritätsabschrift, often referred to as a certified copy of the priority document, serves as proof of the original filing and its date. National patent offices require this document to grant the priority claim. Without it, the later-filed applications would be treated as new inventions with their own filing dates, potentially losing out on novelty.

The process of obtaining a Prioritätsabschrift involves requesting it from the patent office where the initial application was filed. The certified copy is then transmitted to the patent offices of the countries where priority is being claimed. This mechanism is fundamental for establishing a unified date of invention across different territories, simplifying the process of seeking global patent protection and encouraging innovation by providing a more streamlined path for international patenting.