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  • What is the significance of the priority date?
  • Almost every country in the world requires filing a patent application before the occurrence of a public disclosure or offer for sale. Filing in every country prior to such a disclosure would be cost prohibitive for all. Countries have agreed to treat each application filed in accordance with particular rules as if that application had been filed on the priority date. The practical effect is that one can pursue sales of their invention for up to twelve (12) months before a PCT application needs to be filed and up to thirty (30) months, assuming a PCT application has been filed, before filing in individual foreign countries.

    Updated: 11/12/99
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