How to apply for priority in China
Domestic patent application priority means that the domestic patent application priority holder will If you file a patent application in China for the first time for your own invention and creation, and within the specified patent period, you file a patent application in China for another invention and creation with the same subject, you will enjoy priority according to law.
The applicant claims priority in his or her country, first to apply If the application is for an invention patent, you can file an invention or utility model patent application on the same subject; if the previous application is a utility model patent application, you can file a utility model or invention patent application on the same subject. However, when filing a later application, if the subject matter of the earlier application falls under any of the following circumstances, it shall not be used as the basis for claiming domestic priority:
1. Has claimed foreign priority or domestic priority;
2. Patent rights have been granted; span>
3. GenusIn case of divisional application filed in accordance with regulations.
If the applicant claims priority in his or her own country, the applicant shall The first application will be deemed withdrawn from the date the later application is filed.
"Patent Law of the People's Republic of China" Article 20 Paragraph 2 of Article 9 stipulates: “If the applicant files another patent application for the same subject with the Patent Administration Department of the State Council within twelve months from the date of first filing a patent application for an invention, creation or utility model in China, he may enjoy Priority. This provision does not specify that only Chinese citizens have the right to file a priority application. Therefore, a person filing a domestic priority application for a patent can be a Chinese or a foreigner.
If the applicant requests the priority of his or her own country, the request shall be made at the same time as the patent application is submitted to the Chinese Patent Office. Priority statement, indicating the filing date and application number of the earlier application in China.
If the applicant fails to submit a declaration on time, it will be deemed that it has not filed a priority application.
If a copy of the priority application document is not provided on time, the priority application will be deemed to have been abandoned.
The prior application claiming domestic priority must be an approved and valid application that has been rejected, withdrawn, or abandoned , cannot be used as a condition for prior application for priority.
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