What Does Filing Periods Mean in the Paris Convention?

Question from zdfsd, What Does Filing Periods Mean in the Paris Convention?

Answer from AI:

What “the day of filing shall not be included in the period” means

Article 4 C(2) of the Paris Convention for the Protection of Industrial Property gives an applicant a “priority” window (12 months for patents, 6 months for trademarks, designs, etc.) after the first filing in any Convention country. The wording

“These periods shall start from the date of filing of the first application; the day of filing shall not be included in the period”

means that the counting of days begins on the calendar day after the first filing. The filing day itself is excluded from the calculation.

Why the exclusion matters

• It prevents the applicant from losing a fraction of a day because the filing day is counted as a full day.
• It creates a clear, uniform rule for all member states, including New Zealand, so that the priority period is the same length everywhere.

Practical example (patent priority – 12 months)

1. First filing

   • Date of filing in the United States: 1 January 2023.
   • This is the “priority date”.

2. Counting the priority period

   • 1 January 2023 (the filing day) is not counted.
   • Counting starts on 2 January 2023.

3. Deadline for a New Zealand filing

   • 12 months later is 1 January 2024.
   • Because the first day was excluded, the applicant must file on or before 1 January 2024 to claim the 1 January 2023 priority date.

If the applicant filed in New Zealand on 2 January 2024, the priority claim would fail because the 12‑month period would have expired on 1 January 2024.

Trademark example (6 months)

• First filing in Australia: 15 March 2023.
• The day of filing (15 March) is excluded.
• Counting starts on 16 March 2023.
• The applicant must file in New Zealand on or before 15 September 2023 to retain the 15 March 2023 priority date.

How New Zealand applies the rule

New Zealand is a signatory to the Paris Convention and implements the priority right through the Patents Act 2013 (for patents) and the Trade Marks Act 2002 (for trademarks). Both statutes refer to the Convention’s priority periods and follow the same “day‑of‑filing excluded” rule. When you file a subsequent application in New Zealand, the Intellectual Property Office (IPONZ) will check:

• The date of the first filing in any Convention country.
• That the New Zealand filing occurs within the applicable period starting the day after the first filing.

Key points to remember

• Start date = the day after the first filing.
• End date = the exact same calendar date in the next year (or six months later for trademarks), inclusive.
• Missing the deadline by even one day (e.g., filing on 2 January 2024 for a 1 January 2023 priority) means you lose the priority claim.

When to seek professional help

The mechanics are straightforward, but practical issues can arise, such as:

• Determining the correct “first filing” when multiple applications exist.
• Dealing with electronic filing timestamps versus paper filing dates.
• Coordinating simultaneous filings in several jurisdictions.

Because these nuances can affect the validity of your priority claim, it is advisable to consult a qualified IP attorney or patent/trademark agent who can verify dates, prepare the necessary priority claim forms, and ensure compliance with New Zealand’s filing requirements.

Useful references

• Paris Convention text – see the official WIPO version for the exact wording of Article 4 C(2).
• IPONZ – Priority claims – guidance on how New Zealand’s IP Office handles priority applications.

These resources provide the authoritative background for the rule and its implementation in New Zealand.