What is priority? An applicant who has filed a first patent application for an invention has, for the purpose of filing further patent applications in respect of the same invention, a right of priority for a period of 12 months after the first filing.
These two terms are often used interchangeably. This can be misleading because they do not always refer to the same date. A filing date is the date you file your application (for trade marks, patents or designs). The priority date is the date your legal right over such trade mark, patent or design commences.
(4) A provisional application is not entitled to the right of priority under 35 U.S.C. 119, 365(a), or 386(a) or § 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365(c), or 386(c) or § 1.78 of any other application. No claim for priority under 35 U.S.C.