How to exercise patent priority
In accordance with the relevant provisions of the Patent Law and the Implementing Rules of the Patent Law, Within twelve months from the date of first filing a patent application for an invention or utility model in a foreign country, or within six months from the date of first filing a patent application for a design in a foreign country, the applicant shall file another patent application for the same subject matter in China. If a patent application is filed, the foreign country may enjoy the right of priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority; If another patent application is filed with the patent administration department of the State Council on the same subject within 12 months from the date of the application, the applicant may enjoy priority.
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) Already Granted patent rights;
(3) Belonging to A divisional application filed in accordance with regulations.
Application If a person claims priority in his or her own country, the earlier application shall be deemed to have been withdrawn from the date of filing of the later application.
In a patent application, the applicant may claim one or more priorities; if multiple priorities are claimed, the priority period of the application shall start with the earliest priority. Calculated from the right date.
The applicant claims priority If a written statement is made at the time of application, a copy of the first patent application document shall be submitted within three months; if no written statement is made or a copy of the patent document is not submitted within the time limit, priority shall be deemed not to have been claimed. In In the written statement, the applicant should indicate the filing date and application number of the first patent application (hereinafter referred to as the earlier application) and the country that accepted the application; the written statement does not indicate the filing date of the earlier application and the country that accepted the application. If the country is a foreign country, it shall be deemed that no declaration has been made; if foreign priority is claimed, the copy of the earlier application documents submitted by the applicant shall be certified by the original accepting authority; in the certification materials submitted, the name of the earlier applicant shall be the same as that of the later application. If the name of the applicant is inconsistent with the name of the applicant, materials proving the transfer of priority shall be submitted; if the priority of the home country is claimed, a copy of the earlier application document submitted by the applicant shall be produced by the patent administration department of the State Council.
Exercise of priorityThere should be three contents: a foreign priority or domestic priority has been claimed, a patent has been granted, and it is a divisional application filed in accordance with regulations. If you have any other questions, please feel free to consult online.
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