Priority Date Calculator

by

Priority Date Calculator

The Priority Date Calculator is an essential tool for inventors, patent attorneys, and R&D professionals. Understanding your priority date is critical in patent law because it determines the earliest effective filing date for your invention and affects patent rights worldwide.

This calculator helps you determine priority dates, filing dates, days since priority, priority deadlines, days remaining, and the overall status of your patent application. It supports multiple types of patents, including utility, design, plant, and PCT applications.

How to Use the Priority Date Calculator

  1. Enter Filing Date:
    • Select the date your patent application was filed.
  2. Select Priority Claim:
    • Choose if your application claims priority:
      • No Priority Claim – standard filing.
      • Domestic Priority (12 months) – claims priority from a prior domestic filing.
      • International Priority (12 months) – claims priority from a foreign filing.
      • Provisional Application (12 months) – claims priority from a provisional application.
      • Continuation/Divisional – continuation or divisional filings.
  3. Enter Prior Filing Date (if applicable):
    • If claiming priority, enter the earlier filing date.
  4. Select Patent Type:
    • Options: Utility, Design, Plant, or PCT Application.
  5. Calculate:
    • Click Calculate to view:
      • Priority Date
      • Filing Date
      • Days Since Priority
      • Priority Deadline
      • Days Remaining
      • Status of Priority
  6. Reset:
    • Click Reset to start a new calculation.

Example Calculation

Scenario:

  • Filing Date: January 1, 2025
  • Priority Claim: Domestic Priority (12 months)
  • Prior Filing Date: March 1, 2024
  • Patent Type: Utility Patent

Steps:

  1. Enter January 1, 2025 as the filing date.
  2. Select Domestic Priority.
  3. Enter March 1, 2024 as prior filing date.
  4. Select Utility Patent.
  5. Click Calculate.

Results might show:

  • Priority Date: March 1, 2024
  • Filing Date: January 1, 2025
  • Days Since Priority: 307 days
  • Priority Deadline: March 1, 2025
  • Days Remaining: 59 days
  • Status: Priority Deadline Approaching

This allows you to manage patent filings and ensure that priority claims remain valid.

Benefits of Using the Priority Date Calculator

  1. Avoid Missing Deadlines: Accurately track priority periods and filing deadlines.
  2. Supports Multiple Patent Types: Works for utility, design, plant, and PCT patents.
  3. Global Filing Awareness: Handles domestic and international priority claims.
  4. Quick and Accurate: Instantly calculates days since priority and remaining days.
  5. Educational Tool: Helps inventors and law students understand priority rules.

Frequently Asked Questions (FAQs)

  1. What is a priority date?
    The priority date is the earliest filing date of a patent application that establishes the right to claim the invention.
  2. Why is the priority date important?
    It determines patent rights and can prevent others from claiming your invention if filed later.
  3. What is a domestic priority claim?
    Claiming priority from a previous domestic filing within 12 months.
  4. What is an international priority claim?
    Claiming priority from a foreign filing under the Paris Convention, valid for 12 months.
  5. What is a provisional application?
    A temporary application that establishes an early priority date for up to 12 months.
  6. What is a continuation or divisional application?
    A continuation allows filing of additional claims; a divisional splits part of the original application.
  7. Can I use this for PCT applications?
    Yes, the calculator supports PCT priority claims as well.
  8. How does the calculator compute days remaining?
    It calculates the number of days left until the 12-month priority period expires.
  9. What happens if I miss the priority period?
    Your priority claim may become invalid, which could affect patentability.
  10. Is the filing date always the same as the priority date?
    No, the priority date may be earlier if a priority claim is made.
  11. Does this calculator consider leap years?
    Yes, it calculates days accurately using standard JavaScript Date functions.
  12. Can this tool replace a patent attorney?
    No, it’s an assistive tool; consult a patent attorney for legal advice.
  13. Is this calculator free?
    Yes, it’s completely free to use online.
  14. Can I recalculate for multiple applications?
    Yes, use the reset button and enter new details for each application.
  15. Does it warn about invalid priority periods?
    Yes, if the filing date exceeds the 12-month priority period, a warning is displayed.

Conclusion

The Priority Date Calculator is a must-have tool for managing patent applications and ensuring timely priority claims. It simplifies calculating priority deadlines, days since priority, and status for utility, design, plant, and PCT patents, helping inventors and patent professionals stay compliant and avoid missed deadlines.

Leave a Comment