What’s priority right?

If you're planning to protect your invention, design, or trademark in more than one country, understanding priority right is essential. It’s a key principle in intellectual property law that allows you to extend the benefits of your first filing to other countries—helping you secure your place as the original applicant and safeguarding your innovation across borders.

A priority right gives you the advantage of being recognized as the first to file for an invention, design, or trademark. It’s based on your first application, and allows you to use your first filing date as the priority date when applying for protection in other countries.

In short, it helps you secure your place in line internationally by allowing your later applications to rely on the filing date of your first one.

How Long Do You Have to Claim Priority?

According to the Paris Convention (Article 4), you have:

  • 12 months to claim priority for patents and utility models
  • 6 months for industrial designs and trademarks

This time is counted from the date of your first (or “priority”) filing.

Why Should You Claim Priority?

Here’s the big reason: when patent offices examine your application, they check whether your invention is novel (i.e., new). This is determined using the priority date as the reference point.

If you don’t claim priority and refile in another country later, any public disclosure—including your own earlier application—can be used against you. Your invention may no longer be considered new, and your application could be rejected.

Claiming priority helps protect your rights as you expand internationally. It ensures your earlier filing date is respected, even when you apply in other countries later. If you're planning to seek protection for your intellectual property globally, don’t skip this step.

Want to learn more or need help with filing abroad? Feel free to reach out to our team, we're happy to guide you through the process.

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Utility Model

Utility models are another important type of IP protection, but what exactly can be protected as a utility model, and how do they differ from a utility patent or a standard patent for an invention?

Similarly to an invention, a utility model, also known as a “petty patent”, can be patented to protect a technical innovation and prevent other people from exploiting it without the permission of the rights holder.

In some countries, applicants can register utility models in the same fields of technologies as inventions. Others only allow utility model protection for mechanical devices and machines, but not for technical, chemical, or biological processes. Suitable subject matter for utility models varies depending on the jurisdiction.

The major difference between inventions and utility models is the fact that only two criteria of patentability (novelty and industrial applicability) are required to register a utility model. The inventive step requirement seen with patent applications is not obligatory for utility models. Moreover, utility models do not go through substantive examination in most jurisdictions. These two factors make this route of IP protection often a quicker and more affordable option for applicants.

The period of validity for utility models is significantly shorter than that for inventions, comprising an average term of 10 years from the filing date, which could be ideal for products with a relatively short commercial lifespan.

Utility models are not available in all countries. You can find information on whether specific jurisdictions offer utility model protection in our handy IP-Guide

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