Question
Hi, Can you please advise?
We filed a utility application in the US about 14 months ago, 4 months later we filed a CIP claiming its priority and 10 months after the filing of the CIP we filed a PCT application claiming the priority of the CIP.
The first utility application will be published in two months. The question is-- how will this affect, if at all, the priority date of the PCT (which currently is the filing date of the CIP), and will the first utility application be used as prior art against us?
Answers: 4 public & 0 private
I agree with Jean Jaques, Article 4 C. (2) of the Paris Convention is the respective legal basis. As the utility application has already served as a basis for a priority claim (for the CIP), simply withdrawing the utility application may not improve your situation (see: Articel 4 C. (4) Paris Convention).
http://www.wipo.int/treaties/en/text.jsp?file_id=288514#P83_6610
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