Legal Definitions - claim of priority

A claim of priority is a legal term used in patents and trademarks. It refers to the advantage that an applicant gets by being assigned the filing date of a related, earlier-filed application. This means that the applicant can claim the earlier filing date as their own, which can be important in determining who has the right to the invention or trademark.

For example, if someone files a patent application in the United States, but had previously filed a similar application in another country, they can claim the earlier filing date of the foreign application as their own. This can be helpful if there is a dispute over who invented the technology first.

Similarly, if someone files a trademark application in the United States, but had previously filed a similar application in a foreign country that is a member of the Paris Convention, they can claim the earlier filing date of the foreign application as their own. This can be helpful in establishing priority over other companies that may be using a similar trademark.