Glossary entry

français term or phrase:

avec une priorité au

anglais translation:

with the priority of

Added to glossary by Victoria Schmidt
Dec 8, 2023 12:38
6 mos ago
24 viewers *
français term

avec une priorité au

français vers anglais Droit / Brevets Droit : brevets, marques de commerce, copyright
"Brevet déposé le 25 janvier 2013 avec une priorité au 10 septembre 2012."

I understand the patent was filed on 25 January 2013 and that its application is backdated to 10 September 2012, but what is the appropriate term for "avec une priorité au"?

Thank you.
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Yvonne Gallagher

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Discussion

Emmanuella Dec 8, 2023:
En français 'au' indique forcément une date, soit 'as of'...

https://www.ipside.com/fr/guide-pi/foire-aux-questions-faq/f...
Bourth Dec 8, 2023:
with priority as of I started thinking 'anteriority' as more clearly related to the time factor than 'priority' which has notions of precedence not related to past history (e.g. vehicles at an intersection have priority, but that is not related to which vehicle got there first, similarly for the disabled, elderly, and pregnant women at some supermarket checkouts).

"It is typical for a patent office to treat its own patents and published patent applications as prior art as of their filing dates,[13][14][15] although under the European Patent Convention, this applies only to novelty rather than inventive step.[16] However, United States patent law before the Leahy-Smith America Invents Act (AIA) included the Hilmer doctrine, under which United States patents and patent application publications were prior art only as of their earliest effective United States filing dates, i.e., disregarding any foreign priority claimed in those patents and patent application publications. The AIA has abolished the Hilmer doctrine and makes United States patents and patent application publications that name another inventor prior art as of when they were "effectively filed.""
Wikipedia

Proposed translations

+3
43 minutes
Selected

with the priority of

This is referring to the priority right of a patent applicant to file a new application with the same valid date as another patent previously filed in a different country. I'd translate it as "Patent filed on 25 January 2013 with the priority of 10 September 2012."

An example of this usage can be seen at: https://www.epo.org/en/boards-of-appeal/decisions/t030623eu1

For an explanation of the concept of priority, you can read: https://e-courses.epo.org/wbts_int/litigation/Priority.pdf


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Note added at 1 hr (2023-12-08 14:18:34 GMT)
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Another common option, of course, is "with the priority date of", but "date" is not given in the source text, so it it probably better to leave it out here too.
Peer comment(s):

agree philgoddard : Or 'with a priority'.
7 minutes
Thanks!
agree AllegroTrans : with priority of
20 minutes
Thanks!
agree Bourth : But 'with priority AS of'
36 minutes
Thanks!
neutral Emmanuella : of = de et non 'au' La priorité remonte au ....
1 heure
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thanks"
1 heure

with a priority period (extending) to...

I wonder if this has anything to do with the other question of an 'acte' - if so what is the connection.
Example sentence:

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.

Peer comment(s):

neutral Emmanuella : Not extending to but dating back to
1 heure
Something went wrong...

Reference comments

48 minutes
Reference:

avec priorité au

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