3.5.1 Two convention claims

Two applications may claim convention priority based on convention country applications that were filed in different convention countries on the same day. This scenario is analogous to that where two applications do not claim convention priority and are filed in New Zealand on the same day. In both scenarios the applications concerned have equal priority.

Where two applications claim convention priority based on convention country applications that were filed on the same day, the procedure is the same as that outlined in section 34(2) of the Act. Both applications are eligible for registration under the Act, where no other grounds for refusal exists, and the examiner will not raise either application as a citation against the other. Rather, the examiner will notify each applicant of the other application.

The applicants will receive this notification either within a Compliance Report or together with a Notice of Acceptance, as applicable.