Patent Q&A

How can I claim a priority right based on the first application filed in a country other than ROC?

The citizens or residents of the member of the World Trade Organization (WTO) may enjoy the benefits of a priority right based on the first application filed in any WTO member if the ROC patent application is filed no later than 12 months after filing the first application. With respect to a design application, the time period is 6 months from the filing date of the first application.
When you claim a priority, you have to do the following:
(1) To specify the name of the country where the first application was filed, the filing date and the application number on the Request form, and
(2) To submit the priority document within 16 months from the filing date of the first application or the earliest filing date when multiple priority rights are claimed. (Please note that with respect to a design application, the time period should be 10 months from the earliest priority date)