Does the right of prior use of a patent not include the right to public use
Patent prior use right refers to manufacturing before the Patent application date The same product, uses the same method or has made necessary preparations for manufacture and use, and will only continue to be manufactured and used within the original scope. Therefore, this type of prior use right does not include public use beyond the scope of the original use.
Article 29 of the Patent Law If a patent application is filed in China on the same subject within six months from the date of application, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country and China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.
The applicant’s self-invention or utility model is the first in China If a patent application is filed with the Patent Administration Department of the State Council on the same subject within twelve months from the date of filing a patent application, the patent application can enjoy priority.
Article 30 The applicant claims priority , a written statement should be made when applyingIf the applicant fails to make a written statement or fails to submit a copy of the patent application documents within the time limit, it shall be deemed that the right of priority has not been claimed.
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