If you're planning to protect your invention, design, or trademark in more than one country, understanding priority right is essential. It’s a key principle in intellectual property law that allows you to extend the benefits of your first filing to other countries—helping you secure your place as the original applicant and safeguarding your innovation across borders.

A priority right gives you the advantage of being recognized as the first to file for an invention, design, or trademark. It’s based on your first application, and allows you to use your first filing date as the priority date when applying for protection in other countries.

In short, it helps you secure your place in line internationally by allowing your later applications to rely on the filing date of your first one.

How Long Do You Have to Claim Priority?

According to the Paris Convention (Article 4), you have:

• 12 months to claim priority for patents and utility models
• 6 months for industrial designs and trademarks

This time is counted from the date of your first (or “priority”) filing.

Why Should You Claim Priority?

Here’s the big reason: when patent offices examine your application, they check whether your invention is novel (i.e., new). This is determined using the priority date as the reference point.

If you don’t claim priority and refile in another country later, any public disclosure—including your own earlier application—can be used against you. Your invention may no longer be considered new, and your application could be rejected.

Claiming priority helps protect your rights as you expand internationally. It ensures your earlier filing date is respected, even when you apply in other countries later. If you're planning to seek protection for your intellectual property globally, don’t skip this step.

Want to learn more or need help with filing abroad? Feel free to reach out to our team, we're happy to guide you through the process.

A utility model is a form of intellectual property (IP) protection that safeguards technical innovations. It is often referred to as a “petty patent” and works in a similar way to a standard patent by preventing others from using, making, or selling the protected invention without permission.

This type of protection is typically used for incremental improvements to existing products rather than groundbreaking inventions. Like patents, it protects technical features, but the requirements to obtain protection are generally less strict.

The key difference between a utility model and a standard patent is that a utility model usually only needs to meet two criteria:

• Novelty (the invention must be new)
• Industrial applicability (it must be capable of being made or used in industry)

Unlike patents, an inventive step is often not required, and most registrations take place without substantive examination, making this form of protection faster to obtain.

Availability varies by jurisdiction, as not all countries offer utility model protection. Some allow coverage for the same types of technologies as patents, while others limit protection to mechanical devices and machines, excluding chemical, biological, or technical processes.

This form of IP protection is generally more affordable than standard patents because:

• Substantive examination is often not required
• The application process is simpler and faster
• Legal and official fees are lower

For businesses or inventors working with limited budgets, utility models can provide a cost-effective way to secure enforceable IP rights.

They are best suited when:

• The invention has a short commercial lifespan
• The improvement is incremental rather than revolutionary
• Fast protection is more important than long-term coverage
• Budget constraints make patent protection less practical

Protection typically lasts around 10 years from the filing date, which is significantly shorter than standard patents but ideal for products in fast-moving industries.

In summary, utility models offer a quick, affordable, and practical alternative to patents in jurisdictions where they are available. You can find information on whether specific jurisdictions offer utility model protection in our handy IP-Guide, which provides country-by-country details on availability and requirements.