ABSTRACT

My Lords, the genesis of s 130(3) is to be found in Article 4(4) of the Paris Convention, as revised after the London Revision Conference of 1934. Article 4 is an article specifically concerned with priority of applications and provides (in Article 4C) for a priority period of 12 months from the date of filing of a first application. Article 4A provides, so far as material:

(1) Any person who has duly filed an application for a patent ... in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in other countries, a right or (sic) priority during the periods hereinafter fixed.