Legal Definitions - Convention application

A Convention application is a type of patent application filed in one country that claims priority from an earlier, initial patent application filed in another country. This process is made possible by international agreements, most notably the Paris Convention for the Protection of Industrial Property.

When an inventor or company files a patent application for the first time in one country, they typically have a specific period (usually 12 months) to file subsequent applications for the same invention in other member countries. If these subsequent applications are filed within that priority period and properly claim the benefit of the initial filing, they are considered Convention applications.

The key advantage of a Convention application is that it allows the later-filed application to be treated as if it were filed on the date of the very first application. This "priority date" is crucial because it helps protect the inventor against any public disclosures or similar inventions that might emerge in the subsequent countries during that 12-month window, ensuring their rights are preserved globally.

• Example 1: Global Pharmaceutical Launch

  A pharmaceutical company, BioCure Innovations, based in Switzerland, develops a groundbreaking new vaccine. On March 1, 2023, they file their first patent application for this vaccine with the Swiss Federal Institute of Intellectual Property. Recognizing the global market, they plan to introduce the vaccine in the United States and Japan. On February 20, 2024, within the 12-month priority period, they file separate patent applications for the same vaccine in the U.S. and Japan, explicitly claiming priority from their initial Swiss application. Both the U.S. and Japanese applications are Convention applications. This means that for patentability purposes in the U.S. and Japan, BioCure Innovations' invention will be treated as if it were filed on March 1, 2023, protecting them from any competing inventions or public disclosures that might have occurred in those countries after their initial Swiss filing but before their local applications.

• Example 2: Independent Inventor's International Protection

  Ms. Lena Petrova, an independent inventor from Bulgaria, invents an innovative device for sustainable agriculture. On July 15, 2023, she files her initial patent application with the Bulgarian Patent Office. She believes her invention has strong potential in the European Union and Australia. By July 10, 2024 (just before the 12-month deadline), she files a patent application with the European Patent Office (EPO) and another with IP Australia, both for the identical device and both claiming priority from her Bulgarian application. These applications are Convention applications. This strategy ensures that her invention's novelty and inventiveness in the EU and Australia are assessed against the state of the art as of July 15, 2023, effectively giving her a head start against any similar developments that might have occurred globally during that year.

• Example 3: Tech Startup's Market Expansion

  QuantumLeap Tech, a startup based in South Korea, develops a novel AI algorithm for data compression. On January 10, 2024, they file their first patent application in South Korea. As they prepare to launch their product globally, they identify key markets in China and India. On December 28, 2024, they file patent applications in both China and India for the same AI algorithm, explicitly stating that these applications claim priority from their earlier South Korean filing. These filings in China and India are Convention applications. This allows QuantumLeap Tech to secure an effective filing date of January 10, 2024, in both China and India, safeguarding their intellectual property against any public disclosures or competing patent applications that might have emerged in those countries during the intervening months.