Monday, February 1, 2010

Claiming priority: PCT to RCD

A colleague has recently been successful in persuading OHIM/OAMI to allow a priority claim to a PCT application in a RCD application. "How?", you ask.

PCT applications are applications for patents and other rights, and therefore include an application for a utility model in Germany. Keen readers of the Paris Convention will be aware that design applications can claim priority from utility model applications. Hey presto ... a valid priority claim.

This leaves open the questions of what 'design' is disclosed in a PCT application, and what if the PCT claimed priority from an earlier patent application ....

It does show the powers at OHIM/OAMI can be persuaded.

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