Patent Filing Date vs Priority Date

Patent Filing Date vs Priority Date: Basic Difference

A lot of people that file a Patent application are unclear with the terms Patent Filing Date vs Priority Date. Also, people often get confused with these. Moreover, the USPTO (the United States Patent and Trademark Office) faces a number of problems related to the patent dates. These dates help to determine the priority and time period for the rights of the Patent. Thus, it is important to understand the exact difference between Patent Filing Date vs Priority Date to seek beneficial outcomes through them. So, we are going to discuss general similarities and dissimilarities between Patent Filing Date vs Priority Date. However, we first need to know about each of them separately.

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Patent Filing Date

A patent filing date is when the Patent Office recognizes the filing of the application for your patent. It is a key date that clarifies which application must get the patent first. Thus, the party that files the application first among the two similar applications gets the priority. However, sometimes, there is a situation where the filing date of your patent application differs from the actual date of filing the application. This causes a distinction between the effective and the actual filing date.

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Patent Priority Date

A priority date is the earliest date on which an application may claim precedence. Also, it defines the prior art materials for the patent. Thus, it is necessary to claim the earliest possible priority date as it plays an important role in patenting particular inventions.

In the case of a single patent application, the priority date and the filing date are the same for the patent application. However, in the case of multiple interrelated patent applications, the priority date of the application is the filing date of the earliest patent that disclosed the invention initially.

Patent Filing Date vs Priority Date

The important issue to understand regarding filing dates is the difference between the Patent filing date and vs priority date. Generally, the filing date is the date when you filed the patent application. On the other hand, the priority date defines the date of the establishment of the novelty of your invention.

There are many cases where the priority date is different than the filing date. Also, you may claim a priority date on the basis of previous patent applications. In such situations, the priority date for the new application is the same as that of the patent application.

Also, you may claim the priority date of a patent application in various circumstances. It is possible with a continuation application. So, you may claim the priority date on a foreign application for the domestic application if you filed an international patent application and later filed a domestic application for the same.

Therefore, the Priority date means the earliest filing date on which the novelty of your invention is evaluated against the prior art. Hence, the priority date for your application is the date of filing of complete specification if you have not filed a provisional application.

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