Does the protection of patent rights exist from the date of application
Article 28 of the Patent Law, Patent Administration of the State Council The date when the department receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application.
Article 29: The applicant’s self-invention or utility model If a patent application is filed in China for the same subject matter within twelve months from the first filing date of a patent application in a foreign country, or within six months from the first filing date of a patent application for a design in a foreign country, the patent application shall be filed in accordance with the said Priority may be enjoyed by foreign countries in agreements signed with China or international treaties to which they are both parties, or in accordance with the principle of mutual recognition of priority.
Twelve years from the date when the applicant first files a patent application for the invention or utility model in China If a patent application is filed with the Patent Administration Department of the State Council on the same subject within three months, the patent application can enjoy priority.
If the applicant claims priority, he should submit a written statement when applying and submit the first proposed patent within three months. Copies of application documents; if a written statement is not made or copies of patent application documents are not submitted within the time limit, priority will be deemed not to be claimed.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
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