Legal Definitions - parent filing date

The parent filing date refers to the filing date of an earlier patent application from which a later, related patent application claims legal priority. By claiming this earlier date, the later application can benefit from the original filing date for purposes of determining the novelty and non-obviousness of the invention. This is crucial because it allows an inventor to secure an earlier legal "stake" in their invention, protecting it against any public disclosures or other inventions that might emerge after the parent application was filed but before the later application was submitted. Essentially, it's the earliest effective date for the invention's claims, even if the actual document was submitted later.

• Example 1: Provisional to Non-Provisional Application

  Imagine a software developer, Sarah, invents a new algorithm. On January 15, 2023, she files a provisional patent application with the U.S. Patent and Trademark Office (USPTO) to quickly establish an early filing date for her invention. A year later, on January 10, 2024, she files a more detailed non-provisional patent application for the same algorithm, which fully describes the invention and includes formal claims.

  In this scenario, Sarah's non-provisional application will claim the parent filing date of January 15, 2023, from her earlier provisional application. This means that for legal purposes, such as determining if her invention is new or obvious, the USPTO will treat her invention as if it were filed on January 15, 2023, effectively protecting her invention from anything that became public or was invented between January 15, 2023, and January 10, 2024.

• Example 2: Divisional Application

  A medical device company, Innovate Health Inc., develops a complex new surgical tool and files a patent application for it on March 1, 2022. During the examination process, the patent examiner determines that the application actually describes two distinct inventions: the tool itself and a unique method for using it. To comply with patent office rules, Innovate Health Inc. decides to file a separate divisional application specifically for the method of use on June 1, 2024.

  The divisional application for the method of use will claim the parent filing date of March 1, 2022, from the original application. This allows the company to maintain the earlier priority date for the method invention, even though it was formally filed as a separate application much later. This ensures that the method's novelty and non-obviousness are judged against the state of technology as it existed on March 1, 2022, not June 1, 2024.

• Example 3: International Priority Claim

  An inventor in the United States, Mark, files his first patent application for a novel drone design on April 10, 2023. He later decides to seek patent protection in Europe as well. Within 12 months of his U.S. filing, specifically on March 1, 2024, he files a European patent application for the same drone design.

  Under international patent treaties, Mark's European application can claim the parent filing date of April 10, 2023, from his initial U.S. application. This means that for the purpose of assessing the novelty and inventiveness of his drone design in Europe, it will be considered as if it were filed on April 10, 2023. This protects his invention from any public disclosures or competing inventions that might have occurred between his U.S. filing date and his European filing date.