What does a non-provisional application need in relation to a foreign application?

A non-provisional application can benefit from the priority date of a previously filed foreign application by filing within one year of the foreign application's filing date. This is a provision established by the Paris Convention for the Protection of Industrial Property, which allows an applicant to claim priority from an earlier filed application in a member country. By filing the non-provisional application within this one-year timeframe, the applicant can ensure that their invention is considered as if it was filed on the same date as the foreign application, thus protecting their rights against subsequent applications by others.

This mechanism is crucial for inventors who file in multiple jurisdictions because it allows time to assess the market and refine their applications without losing the earlier filing date that may be critical for establishing patent rights. Filing after this one-year period would generally result in the loss of this priority claim, which could jeopardize the invention’s patentability due to prior art that may emerge.