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Guided answer
Should I post-date my patent application?
Post-dating moves your application to a later date. It can buy time, but it never lets you add new matter, and it can cost you priority.
Ask your patent attorney before trying to post-date a convention or PCT national phase application.
High complexity - significant legal consequences
- Its date is tied to the earlier priority filing and to international deadlines, such as 31 months for PCT national phase (rule 20(4)(i)).
- Section 9(3) does not apply to these applications.
- Treat any post-dating plan here as high risk until advised on your specific facts.
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Not sure whether this applies to your invention?
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