Which legal principle, established by the Paris Convention for the Protection of Industrial Property in 1883, allows an applicant to rely on the date of a patent application filed in one member…
Question and options
Which legal principle, established by the Paris Convention for the Protection of Industrial Property in 1883, allows an applicant to rely on the date of a patent application filed in one member country when filing subsequent applications in other member countries?
- National exhaustion
- First-to-file
- Right of attribution
- Priority right
Answer and explanation
Correct answer: D - Priority right
Article 4 of the Paris Convention gives the right of priority: an application filed in another member country within 12 months (for patents) is treated as if filed on the date of the first application. First-to-file decides between rival applicants, national exhaustion concerns resale after the first sale, and the right of attribution is a moral right of authors.
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