3.5.2 Convention claim and non-convention claim

Occasionally it may transpire that one application claims convention priority based on a convention country application, a second application does not claim convention priority, and the priority dates pertaining to both applications are the same. 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. For example:

• Application A was filed in New Zealand on 12 August 2002.

• Application B was filed in New Zealand on 20 December 2002, claiming priority from a convention country application that was filed on 12 August 2002.

Where an application claiming convention priority and an application that does not claim convention priority have equal priority, 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.