A rule from the stagecoach era is still worth its weight in gold

Innovation is happening at lightning speed these days. New ideas are developed, tested, and scaled up quickly. However, when it comes to patents, we still adhere to a rule from an era when horses were the primary means of transportation: the priority year.

Strangely enough, this old-fashioned priority year is now strategically super important for entrepreneurs. In fact, it can make the difference between smart growth and unnecessary costs.

Marco Coolen, photo © Bart van Overbeeke

What exactly is the priority year?

In the days of the stagecoach, you had to travel from country to country to file your patent application everywhere physically. To accommodate entrepreneurs, the priority year was invented:

✔️ You first apply for a patent in one country.

✔️ From that moment on, you have 12 months to protect the same invention in other countries.

✔️ Within that year, you can secure your rights worldwide, while your original filing date remains valid.

This meant you didn't have to arrange everything at once and could take your time to determine your strategy.

Why is it still so valuable today?

You might think that in the digital age, this is no longer necessary. However, the priority year is more relevant than ever. Entrepreneurship moves at lightning speed these days, but that is precisely why you want flexibility. After all, you often only know where the real opportunities lie after a few months.

The priority year then acts as an option:

• You claim an early date (which is essential if others discover the same innovation).
• You have a year to test markets.
• Only after that year do you decide where you really want to apply for protection.

This gives you room to experiment without huge costs, build partnerships, and gauge interest in your innovation.

How to use the priority year wisely

A few tips to make the most of the priority year:

✔️ Start small: Submit your first application to a national authority such as the Netherlands Patent Office or via a European route.

✔️ Test the market: Use the year to determine where your product is most popular, where copycats are emerging, and where investors are showing interest.

✔️ Make a plan: Before the end of the year, decide which countries are critical. Don't just think about your home market, but also about production or export markets.

Replacing horses with fiber optics, but the strategy remains the same

Although the priority year was initially conceived because stagecoaches were slow, it fits perfectly with the speed of modern businesses. You don't have to commit to everything right away, but you do retain your initial rights while you investigate how the market is developing.

Sometimes a solution from history turns out to be surprisingly future-proof. The priority year is an outstanding example of this: old in origin, but very much alive in the strategy of innovative entrepreneurs.

So, if you're working on a new invention, use that old-fashioned priority year as your modern head start. Your future self will thank you.