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In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must "claim the priority" of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his successor in title.
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claims under 35 USC 119(a)-(e) and 35 USC 120 for the benefit of the filing date of earlier filed applications.
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A declaration in the international application claiming the priority of one or more earlier filed applications under the Paris Convention for the Protection of Industrial Property, or filed in or for any Member of the World Trade Organization. The conditions for, and the effect of, any priority claim declared in an international application are as provided for in Article 4 of the Paris Convention for the Protection of Industrial Property.
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