Earliest Priority Date

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Posts: 1
Joined: Tue Feb 24, 2015 9:53 am

Earliest Priority Date

Post by taneal » Tue Feb 24, 2015 4:10 pm

Hi, I’ve just started to look at PatStat and need to identify the Priority Date for a number of cases, but the date in PatStat for cases claiming priority from US cases, doesn’t seem consistent with the date for those where priority is claimed from a different jurisdiction. More details and an example below, but wondered if anyone can help me?


PATSTAT Query in relation to ‘Earliest Priority Date’ for EP Application No 11815631 (EP2630542 - HEAD-MOUNTED DISPLAY APPARATUS EMPLOYING ONE OR MORE FRESNEL LENSES)
• EPO Register – states EP claims priority from US 61/427530 dated 28 Dec 2010
• PATSTAT displays the earliest priority date as 21 Oct 2010 and not 28 Dec 2010
• 21 Oct 2010 is the filing date of US application 13/211365 and is only linked to US 61/427530 via child continuity data.

I was specifically wondering :-
• Why is PatStat not returning the actual ‘Earliest Priority Date’ relating to the case?
• Is there a definition of the ‘Earliest Priority Date’ as held in PatStat?
• Is there an alternative way of retrieving the actual Earliest Priority Date that is effective against this EP application?

Posts: 140
Joined: Wed Jul 08, 2009 5:51 pm

Re: Earliest Priority Date

Post by nico.rasters » Wed Feb 25, 2015 10:25 pm

Best answered by the EPO, but here's my assumption.
Priority patent follows DOCDB, i.e. "Means that most probably the applications share exactly the same priorities (Paris Convention or technical relation) as in table TLS204_PRIOR_APPLN and
TLS205_TECH_REL and tls216_APPLN_CONTN."
Note TLS216_APPLN_CONTN, that's the source of your US continuation.
Nico Doranov
Data Manager

Daigu Academic Services & Data Stewardship

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