IP: Effective priority application drafting for international prosecution

Consider literal support, number of claims and dependency to avoid trouble abroad

When preparing an initial patent application, a drafter often does not consider the impact that the initial application might have on subsequently filed applications, especially applications filed outside of the drafter’s jurisdiction. While some requirements of the desired countries can run counter to one another, the drafter should attempt to have an overall protection strategy when preparing the application. Factors that the drafter should consider include jurisdiction-dependent requirements regarding literal support, number of claims and claim dependency.


Contributing Author

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Andrew Weaver

Andrew Z. Weaver is a partner at Novak Druce + Quigg where his practice is focused on the prosecution and reexaminations of patents. He can be reached...

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