How to apply for priority
If the applicant claims priority, he shall submit a written statement when applying , indicate the filing date of the earlier application, the application number and the country that accepted the application. If the earlier application is a regional application or an international application, the name of the national patent office or intergovernmental organization that accepted the application should also be stated. If the applicant claims foreign priority, he or she shall submit a copy of the prior application document certified by the acceptance authority of the country where the application is accepted; if the applicant claims domestic priority, he or she shall submit a copy of the prior application document certified by the Patent Office. If no written statement claiming priority is made at the time of application, or if a copy of the first patent application document filed in a foreign country is not submitted within three months, the application shall be deemed to have not claimed priority.
Article 32 of the "Patent Law Implementing Rules" An applicant may claim one or more priorities in a patent application; if multiple priorities are claimed, the priority period of the application shall be from calculated from the earliest priority date.
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, the latter applicationWhen applying, if the subject matter of the earlier application falls into 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;
(3) It is a divisional application submitted 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If the applicant claims priority in his or her own country, the applicant shall The first application will be deemed withdrawn from the date the later application is filed.
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