Volume 19, Issue 1 (2015)                   CLR 2015, 19(1): 71-94 | Back to browse issues page

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Sadeghi* M, Ramezani Akerdi2 H. The Comparative Study of Concept and Consequences of Priority Right. CLR. 2015; 19 (1) :71-94
URL: http://clr.modares.ac.ir/article-20-12148-en.html
1- 1. Associated Professor, Faculty of Law, Tarbiat Modares University, Tehran, Iran
2- 2. PhD Student in Private Law, Tarbiat Modares University, Tehran, Iran
Abstract:   (8787 Views)
 The priority right is a right that preserves the first applicant’s right for a patent in one of the member countries of the convention, treaty or agreement for a limited period in another country or its member states. The priority right, particular priority right and leniency deadline are the same in nature. The priority right may be under multilateral and bilateral conventions or considered as national priority right. The principle is that this right cannot be rejected, and according to the principle of independence of the patent certificate, patent invalidity does not lead to the rejection of the priority right. The priority right plays an important role in supporting the patent applicant, including, the possibility of patent in the member country of Convention, Treaty and Agreement; time criteria for determining the novelty and invention step of the claimed invention; time criteria for the best method in implementation of invention; time criteria for the discloser and publication of invention; and saving money and creating opportunities for the patent in a different country are thought out. This right creates for the inventors an importance effect, i.e. “peace of mind in the protection of intellectual works”.              
*. Corresponding Author’s  E-mail: sadegh_m@modares.ac.ir
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Received: 2014/02/14 | Accepted: 2015/05/30 | Published: 2015/06/21

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