The effect of “partial” priority claim on the basis of the Paris Convention
The effect of “partial” priority claim on the basis of the Paris Convention is found
Concept of partial priority
A standard was determined as to whether the failure of the (retroactive) priority claim would result in the lack of novelty and inventive step of the later application by the publicly known art between the basic patent application and the later application.
“(1) The inventions of the basic application are a complete set of inventions,
(2)Priority is granted if a new structure added in the later application does not deny novelty or inventive step due to publicly known technology between the basic patent filing date and the actual filing date. ”
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>