巴黎公約第四條

巴黎公約第四條
Article 4
其中A項至I項為專利、創作（新型）、工業設計、標誌（Patents, Utility Models, Industrial Designs, Marks），其他還包括優先權、分割申請案等的規定，這些規定適用於成為會員（聯合國）的大多數國家，其實算是已經包括全世界，因為如不是會員（比如台灣）要與會員國來往，自然也適用公約

A.
(1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.
A項(1)款
任何人（或其繼承人）在聯合國會員國提出專利申請案，或是登記制的新型案，或是工業設計、商標，應享有申請其他國的一定期限的優先權待遇

(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the Union shall be recognized as giving rise to the right of priority.
A項(2)款
根據各會員國國內法，或是相互（雙邊、多邊）間的約定所提出的申請案，申請人應享有優先權的權利

(3) By a regular national filing is meant any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever may be the subsequent fate of the application.
A項(3)款
所謂一般國家的申請是指任何符合獲得申請日要求（各國要求不一）的申請案

B.
Consequently, any subsequent filing in any of the other countries of the Union before the expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, the putting on sale of copies of the design, or the use of the mark, and such acts cannot give rise to any third-party right or any right of personal possession. Rights acquired by third parties before the date of the first application that serves as the basis for the right of priority are reserved in accordance with the domestic legislation of each country of the Union
B項
在任何國家（會員國）提出的後續申請案，在優先權優惠期間內完成的發明，不會使該案無效，特別是指其他公開或使用的發明、設計、商標

C.
(1) The periods of priority referred to above shall be twelve months for patents and utility models, and six months for industrial designs and trademarks.
C項(1)款
上述優先權期限，專利、新型為12個月、設計與商標為6個月

(2) These periods shall start from the date of filing of the first application; the day of filing shall not be included in the period.
C項(2)款
上述期限由第一申請案申請日（當日不計）開始計算

(3) If the last day of the period is an official holiday, or a day when the Office is not open for the filing of applications in the country where protection is claimed, the period shall be extended until the first following working day.
C項(3)款
上述期限的最後一天若為官方規定的假日，應順延至下一工作天

(4) A subsequent application concerning the same subject as a previous first application within the meaning of paragraph (2), above, filed in the same country of the Union shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said previous application has been withdrawn, abandoned, or refused, without having been laid open to public inspection and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.
C項(4)款
若第一申請案被撤回、拋棄、拒絕而未有公開，且未被其他案子引用任何權利，如優先權，則此案即不能再為其他申請案的優先權基礎案

D.
(1) Any person desiring to take advantage of the priority of a previous filing shall be required to make a declaration indicating the date of such filing and the country in which it was made. Each country shall determine the latest date on which such declaration must be made.
D項(1)款
任何主張優先權的人應要求宣告其申請日與國別

(2) These particulars shall be mentioned in the publications issued by the competent authority, and in particular in the patents and the specifications relating thereto.
D項(2)款
上述主張優先權的訊息應記載於公開文件上

(3) The countries of the Union may require any person making a declaration of priority to produce a copy of the application (description, drawings, etc.) previously filed. The copy, certified as correct by the authority which received such application, shall not require any authentication, and may in any case be filed, without fee, at any time within three months of the filing of the subsequent application. They may require it to be accompanied by a certificate from the same authority showing the date of filing, and by a translation.
D項(3)款
主張優先權時，應提出相對前案副本（後申請案申請日後三個月內）

(4) No other formalities may be required for the declaration of priority at the time of filing the application. Each country of the Union shall determine the consequences of failure to comply with the formalities prescribed by this Article, but such consequences shall in no case go beyond the loss of the right of priority.
D項(4)款
優先權主張沒有其他拘泥的格式，即使各國有規定，但其後果應不能使其喪失優先權

(5) Subsequently, further proof may be required.
Any person who avails himself of the priority of a previous application shall be required to specify the number of that application; this number shall be published as provided for by paragraph (2), above.
D項(5)款
應明確記載優先權前案數量

E.
(1) Where an industrial design is filed in a country by virtue of a right of priority based on the filing of a utility model, the period of priority shall be the same as that fixed for industrial designs.
E項(1)款
若有工業設計主張專利案的優先權，應以工業設計的期限為主

(2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.
E項(2)款
專利、新型可相互主張優先權

F.
No country of the Union may refuse a priority or a patent application on the ground that the applicant claims multiple priorities, even if they originate in different countries, or on the ground that an application claiming one or more priorities contains one or more elements that were not included in the application or applications whose priority is claimed, provided that, in both cases, there is unity of invention within the meaning of the law of the country.

With respect to the elements not included in the application or applications whose priority is claimed, the filing of the subsequent application shall give rise to a right of priority under ordinary conditions.
F項
任何會員國不應拒絕複數優先權，包括來自多個不同國家

G.
(1) If the examination reveals that an application for a patent contains more than one invention, the applicant may divide the application into a certain number of divisional applications and preserve as the date of each the date of the initial application and the benefit of the right of priority, if any.
G項(1)款
經審理，若發現一個申請案包括多個發明案，可要求分割申請，並保留原申請日作為其優先權日

(2) The applicant may also, on his own initiative, divide a patent application and preserve as the date of each divisional application the date of the initial application and the benefit of the right of priority, if any. Each country of the Union shall have the right to determine the conditions under which such division shall be authorized.
G項(2)款
申請人亦可自發地提出分割申請案，並請求原案申請日為優先權日

H.
Priority may not be refused on the ground that certain elements of the invention for which priority is claimed do not appear among the claims formulated in the application in the country of origin, provided that the application documents as a whole specifically disclose such elements.
H項
若優先權基礎案未揭露後申請案中的特定權利範圍，可拒絕其優先權主張

I.
(1) Applications for inventors’ certificates filed in a country in which applicants have the right to apply at their own option either for a patent or for an inventor’s certificate shall give rise to the right of priority provided for by this Article, under the same conditions and with the same effects as applications for patents.
I項(1)款
在一國家提出的發明人證書申請案，申請人有權提出專利申請，或是發明人證書的優先權主張

(2) In a country in which applicants have the right to apply at their own option either for a patent or for an inventor’s certificate, an applicant for an inventor’s certificate shall, in accordance with the provisions of this Article relating to patent applications, enjoy a right of priority based on an application for a patent, a utility model, or an inventor’s certificate.
I項(2)款
發明人證書可基於先前發明、新型、或是發明人證書的申請日，主張優先權
此類話題可參考：MPEP 201.13(a) Right of Priority Based Upon an Application for an Inventor's Certificate

Ron