In today’s world, where innovation spreads rapidly, patent registration is one of the most important tools for protecting intellectual achievements. Many inventors and companies, after filing a patent in one country, seek to register the same invention in other countries in order to protect their position in international markets. However, filing patent applications simultaneously in several countries is often complex, time‑consuming, and costly.

To address this issue, the international legal system has introduced the concept of “priority right.” This right allows an inventor, after filing a patent application in one country, to file the same invention in other countries within a specified period while still benefiting from the original filing date.

This article explains the concept of priority right, its importance for inventors, and how it can be used under Iranian law in simple terms.

 

What Is an Invention?

According to Article 1 of the Law on the Protection of Industrial Property (2024), an invention is the result of the intellectual effort of one or more individuals who provide a new practical solution to a technical problem in the field of industry.

An invention may take two main forms:

  • Product: such as a new device, machine, or chemical compound
  • Process: such as a new production method or an industrial operation

 

Requirements for Patent Registration

For an idea to be patentable, it must meet three main requirements:

  1. Novelty

The invention must not have been disclosed anywhere in the world before the filing date.

  1. Inventive Step

The invention must not be obvious to a person skilled in the relevant technical field.

  1. Industrial Applicability

The invention must be capable of being produced or used in industry.

 

Why Is Patent Registration Important?

In most countries—including Iran—the “first-to-file” principle applies. This means that the person who files a patent application first receives legal protection, even if someone else had previously developed the invention but did not register it.

A registered patent grants the owner important exclusive rights, including:

  • The exclusive right to manufacture, use, and sell the invention
  • The ability to prevent others from using the invention without permission
  • The possibility of licensing or transferring the patent rights to others

For this reason, filing a patent application promptly is crucial for protecting an inventor’s rights.

 

What Is Priority Right in Patent Registration?

One of the most important requirements for patent registration under Iranian law is novelty. If an invention is disclosed before the filing date of the patent application, it usually cannot be registered.

This is where priority right becomes important.

Priority right means that if a person first files a patent application in one of the member countries of the Paris Convention, they may file the same invention in other member countries and claim the filing date of the first application as the relevant date.

In simpler terms, the filing date in the first country will also be used as the basis for evaluating novelty and inventive step in other countries.

 

A Simple Example of Priority Right

Imagine that a technology company in France files a patent application on March 1, 2025.

Under the Paris Convention, the company has 12 months to file the same invention in other member countries, such as Iran.

If the company files a patent application in Iran on January 20, 2026 and claims priority, the Iranian Patent Office will examine the application as if it had been filed on March 1, 2025.

Therefore, if another person files the same invention in Iran during that period, the French company’s application will take precedence.

 

Types of Priority Rights

In practice, priority rights may arise in several ways.

1. International Priority (Paris Convention)

This is the most common type of priority.

Since Iran is a member of the Paris Convention, the following situations apply:

  • If you first file your invention in Iran, you can claim priority when filing in other Paris Convention countries.
  • If you first file your invention in another member country such as France or China, you can later claim priority when filing in Iran.

2. Priority through the PCT System (Patent Cooperation Treaty)

If you intend to protect your invention in multiple countries, using the PCT system may be more suitable.

Because Iran is a member of the Patent Cooperation Treaty (PCT), applicants can file a single international application and later pursue patent protection in multiple member states while maintaining the priority of the first disclosure.

One major advantage of the PCT system is that it allows applicants to delay the costs of national filings for approximately 20 to 30 months from the priority date while still seeking protection in many countries through a single international application.

3. Domestic Priority

Domestic priority allows an applicant to rely on an earlier application filed in the same country as the basis for priority when filing a later application.

In some countries, such as the United States, applicants may file a provisional patent application, which establishes an initial filing date. If a complete application is filed within one year, the earlier filing date is preserved as the priority date.

Iran does not currently have the same provisional application system, but similar mechanisms exist in several other jurisdictions.

 

Key Advantages of Priority Right for Individuals and Businesses

Priority right provides several important benefits for inventors and companies:

  • If the invention is disclosed between the first and second filings, the original filing date remains the reference date.
  • Competitors cannot register the same invention in another country during the priority period.
  • The 12‑month priority period allows inventors to evaluate international markets and attract investors.
  • Filing patents simultaneously in multiple countries can be extremely expensive; priority rights allow applicants to spread these costs over time.

 

Priority Period Under Iranian Law

According to Article 10 of the Law on the Protection of Industrial Property, if a person files a patent application in one of the Paris Convention member states, they may file the same invention in Iran within 12 months and claim priority.

Important points include:

  • The day of the first filing is not included in calculating the period.
  • If the last day falls on an official holiday in Iran, the deadline is extended to the next working day.
  • If priority is claimed from multiple earlier applications, the earliest filing date will be used as the priority date.

 

Grace Period in Iranian Law

In some cases, an invention may have been disclosed before filing—for example, in a scientific article or exhibition.

Iranian law provides a 6‑month grace period. If the disclosure occurred within six months before filing the patent application or before the priority date, the novelty requirement may still be preserved.

However, relying on the grace period is risky, and filing a patent application as early as possible is generally the safest approach.

 

How to Claim Priority in Iran

According to Article 18 of the Executive Regulations of the Law on the Registration of Patents, Industrial Designs, and Trademarks, an applicant who wishes to claim priority must submit the request when filing the patent application in Iran.

The priority request must include:

  1. The date and number of the earlier application
  2. The International Patent Classification (IPC)
  3. The country or countries where the earlier application was filed
  4. Information about any regional or international application, if applicable

The supporting documents relating to the priority claim must be submitted at the time of filing or within 15 days after the filing date.

 

Conclusion

Priority right is one of the most important mechanisms for the international protection of inventions. It allows inventors and companies to first file their invention in one country and then, within 12 months, decide whether to seek protection in other countries while maintaining the benefit of the original filing date.

Because Iran is a member of the Paris Convention, both domestic and foreign applicants can use this mechanism when registering patents in Iran.

Proper use of priority rights can play a crucial role in protecting innovation, preventing unfair competition, and expanding commercial activities in international markets.