This post was published on August 08, 2014.
Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today’s post, however, unravels the puzzling question of how to claim priority even from a post-dated application!
We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches, for reasons best known to the Applicants. Another commonly availed option is to post-date the priority application when the deadline to file a foreign application (1 year from the date of filing priority application) is missed. However, most of us tend to take it for granted that such post-dating will not jeopardize our patent rights and hence fearlessly proceed with the option. A peek into the legislation of certain jurisdictions might prompt us to reconsider these decisions to post-date applications.