Paris Convention
Also called Paris Convention for the Protection of Industrial Property, Paris Union, Union country
Paris Convention is the international treaty, adopted in 1883, that applies to industrial property in the widest sense, including patents, trademarks, industrial designs and utility models1. For patents it provides national treatment, a right of priority and the independence of patents granted in different countries2.
WIPO's list of contracting parties showed 181 members of the Paris Convention when it was checked on 28 October 20263. The Convention does not create an international patent. Patents applied for in different countries are independent of each other (Article 4bis)2, and a single application under the separate Patent Cooperation Treaty leaves the granting of patents to national or regional offices4. See PCT application and Patent territoriality.
National treatment (Article 2)
Nationals of any country of the Union enjoy, in all the other countries of the Union, the advantages that those countries' laws grant to their own nationals. They have the same protection and the same legal remedy against infringement, provided they comply with the conditions and formalities imposed on nationals (Article 2(1))2.
Nationals of countries outside the Union who are domiciled, or who have real and effective industrial or commercial establishments, in the territory of one of the countries of the Union are treated in the same manner as nationals of the countries of the Union (Article 3)2.
No requirement as to domicile or establishment in the country where protection is claimed may be imposed on nationals of countries of the Union for the enjoyment of any industrial property rights (Article 2(2)). National laws on judicial and administrative procedure, on jurisdiction, and on the designation of an address for service or the appointment of an agent are expressly reserved (Article 2(3))2.
The right of priority (Article 4)
Article 4 is the legal basis of priority claims2. See Priority date for how the US, the EPC and China apply it. The table summarizes the provisions this page covers.
| Provision | Rule |
|---|---|
| Who (Article 4A) | Anyone who has duly filed an application for a patent, utility model, industrial design or trademark in one of the countries of the Union, or that person's successor in title, enjoys a right of priority for filing in the other countries during the periods fixed2. |
| Periods (Article 4C) | Twelve months for patents and utility models, and six months for industrial designs and trademarks. The period starts from the filing date of the first application, and the day of filing is not included. If the last day is an official holiday or a day the office is not open for filing, the period is extended to the first following working day2. |
| Later application treated as first (Article 4C(4)) | A subsequent application for the same subject in the same country is considered the first application, and its filing date starts the period, if at that time the earlier application has been withdrawn, abandoned or refused without having been laid open to public inspection, without leaving any rights outstanding and without having served as a basis for claiming priority2. |
| Acts in the interval (Article 4B) | A later filing in another country within the period is not invalidated by acts accomplished in the interval, in particular another filing or the publication or exploitation of the invention, and such acts cannot give rise to any third-party right or any right of personal possession. Rights acquired by third parties before the date of the first application are reserved under each country's domestic legislation2. |
| Multiple and partial priorities (Article 4F) | No country may refuse a priority or a patent application because the applicant claims multiple priorities, even from different countries, or because the application contains elements not included in the earlier application, provided there is unity of invention under that country's law. For the added elements, the later filing gives rise to a right of priority under ordinary conditions2. |
A PCT international application may contain a declaration claiming the priority of one or more earlier applications filed in or for any country party to the Paris Convention (PCT Article 8)5. Under PCT Rule 4.10(a), the earlier application may also have been filed in or for a Member of the World Trade Organization that is not party to the Paris Convention6. Priority covers acts in the interval after the first filing (Article 4B)2. Disclosures made before the first filing fall under the rules in Grace period.
Independence of patents (Article 4bis)
Patents applied for in the various countries of the Union by nationals of countries of the Union are independent of patents obtained for the same invention in other countries, whether members of the Union or not (Article 4bis(1))2. The Article says this is to be understood in an unrestricted sense, in particular that patents applied for during the period of priority are independent both as regards the grounds for nullity and forfeiture and as regards their normal duration (Article 4bis(2))2.
Patents obtained with the benefit of priority have, in the various countries, a duration equal to that which they would have had if applied for or granted without the benefit of priority (Article 4bis(5))2. See Patent territoriality for how independence plays out in national and regional systems.
Compulsory licenses and forfeiture (Article 5A)
- Importation (5A(1)). Importation by the patentee, into the country where the patent has been granted, of articles manufactured in any country of the Union does not entail forfeiture of the patent2.
- Compulsory licenses (5A(2)). Each country of the Union has the right to take legislative measures providing for the grant of compulsory licenses to prevent the abuses that might result from the exercise of the exclusive rights, for example failure to work2.
- Forfeiture (5A(3)). Forfeiture of the patent is not to be provided for except where compulsory licenses would not have been sufficient to prevent the abuses. No proceedings for forfeiture or revocation may be instituted before two years from the grant of the first compulsory license2.
- Failure to work (5A(4)). A compulsory license may not be applied for on the ground of failure to work or insufficient working before four years from the date of filing of the patent application or three years from the date of grant, whichever period expires last. It must be refused if the patentee justifies the inaction by legitimate reasons. Such a license is non-exclusive and not transferable, even by sub-license, except with the part of the enterprise or goodwill that exploits it2.
- Utility models and designs. The foregoing applies, with the necessary changes, to utility models (5A(5)). The protection of industrial designs may not be subject to forfeiture for failure to work or for the importation of corresponding articles (Article 5B)2.
The Convention authorizes national legislation on compulsory licenses and sets the limits above2. See Compulsory license for the remedy itself.
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Run FTO SearchHow long is the Paris Convention priority period?
Twelve months for patents and utility models, and six months for industrial designs and trademarks. It starts from the filing date of the first application, the day of filing is not counted, and it extends to the next working day if the last day is a holiday or the office is closed2.
Does the Paris Convention give an international patent?
No. Patents applied for in different countries are independent of patents for the same invention elsewhere (Article 4bis)2. The Patent Cooperation Treaty is a separate treaty that allows one international application, but the granting of patents remains with the national or regional offices4.
How many countries are in the Paris Convention?
WIPO's contracting-party list showed 181 members when it was checked on 28 October 20263. The number changes when countries accede, so check the WIPO page for the current figure.
Can a country take away a patent because the invention is not used there?
Only within limits. Forfeiture may be provided for only where compulsory licenses would not have been sufficient, and not before two years from the grant of the first compulsory license. A compulsory license for failure to work cannot be applied for before four years from filing or three years from grant, whichever expires last2.
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