Friday, January 13, 2023 1:00:58 PM
Does the clock on the US application not start until the date of filing even though said application was filed first internationally? And is there a time constraint once filed internationally for same patent to be filed with U.S. patent office?
Nope, If it was that easy to game the system you don't think it would have been figured out?
If a patent is filed internationally, and then later in the US, the US file will claim the priority to the first international patent filed. You can see the reverse in most all the international patents that have been posted here.
The "priority" date starts the clock.
In the case here in question, the patented invention is now by definition obvious thus could never be patented in the US over the international patent. The "claim priority" function is to allow the US patent, but at the cost of the date being set to the first application.
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