Refeering

Refeering is a term that describes the act of submitting a patent application that has already been filed in another country. This is typically done to secure an earlier priority date in a new jurisdiction. The process involves filing a new application in the desired country, and then claiming the priority date of the previously filed application from another country. This priority date allows the applicant to maintain their rights as if the application were filed on the earlier date, for a specified period, usually 12 months. Refeering is a crucial strategy for inventors and companies seeking international patent protection. It allows them to test the market or gather more information before committing to the significant costs associated with filing in multiple countries. However, it is important to note that refeering does not automatically grant patent rights in the new country. The application still needs to undergo examination and meet all the patentability requirements of that jurisdiction. The original application must be from a country that is a signatory to the Paris Convention or a member of the World Trade Organization for the priority claim to be valid. Careful planning and adherence to deadlines are essential when undertaking the refeering process.