如何用英文表达专利申请的优先权？

The priority right in a patent application is a crucial aspect that allows inventors to claim the earliest possible filing date for their invention. This right is enshrined in international treaties such as the Paris Convention for the Protection of Industrial Property. In English, expressing the priority right in a patent application can be done through various phrases and statements. Below is a detailed explanation of how to effectively communicate this concept in English.

Understanding Priority Right

Before delving into the English expressions, it's essential to understand what a priority right is. A priority right is a legal right that allows an inventor to claim the filing date of an earlier patent application as the effective filing date of a subsequent application. This is particularly important for inventors who have disclosed their invention in public before filing a patent application, as it can prevent them from losing their patent rights due to public disclosure.

English Expressions for Priority Right

1. Claiming Priority

   • "This application claims the benefit of priority from the earlier filed patent application No. ______, which was filed on ______."
   • "The present application is a continuation of patent application No. ______, which claims the benefit of priority from the aforementioned application."

2. Prior Application Reference

   • "The invention disclosed in this application has been previously disclosed in patent application No. ______, filed on ______."
   • "The priority of the present application is based on the filing date of patent application No. ______."

3. Paris Convention Reference

   • "In accordance with the provisions of the Paris Convention for the Protection of Industrial Property, this application claims the benefit of priority from the earlier filed patent application No. ______."
   • "This application invokes the priority provisions of the Paris Convention to claim the filing date of the earlier patent application No. ______."

4. Priority Document Reference

   • "The priority document referred to in this application is patent application No. ______, filed on ______."
   • "The priority document upon which this application relies is the patent application No. ______, filed on ______."

5. Priority Period

   • "The priority right claimed in this application is valid for a period of 12 months from the filing date of the earlier patent application No. ______."
   • "The priority period for the present application is extended by the filing of the earlier patent application No. ______ on ______."

6. Priority Issues

   • "Should there be any issues regarding the priority right claimed in this application, the applicant reserves the right to provide further evidence to substantiate the priority claim."
   • "In the event of any discrepancies or ambiguities in the priority right claimed, the applicant shall seek clarification from the relevant patent office."

Including Priority Information in the Application

When including priority information in a patent application, it is important to ensure the following:

1. Correct Identification: Clearly identify the earlier application, including its number and filing date.
2. Language Requirement: If the earlier application was filed in a language other than English, it may be necessary to provide a translation or an abstract.
3. Supporting Documents: Attach copies of the priority document and any other relevant supporting documents.
4. Formalities: Follow the formalities and requirements set by the patent office of the country where the application is being filed.

Conclusion

Expressing the priority right in a patent application is a critical step in securing patent protection. By using the appropriate English expressions and ensuring that all necessary information is included, inventors can effectively claim the earliest possible filing date for their invention. It is advisable to consult with a patent attorney or agent to ensure that the priority right is properly claimed and that the application meets all legal requirements.

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