How to handle priority procedures

In order to protect the rights of patentees, my country’s patent law specifically stipulates the principle of priority. However, according to the provisions of the Patent Law, a patent applicant needs to complete certain procedures if he claims priority. So what procedures does the applicant need to complete to claim priority? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How to handle priority procedures

When applying for a patent and claiming priority, the applicant shall go through the priority procedures.

"Patent Law of the People's Republic of China" Article 30 Article 1 stipulates that if an applicant claims priority, he shall make a written statement when applying and submit a copy of the first patent application document within three months; if the applicant fails to make a written statement or fails to submit a copy of the patent application document within the time limit, , deemed to have not claimed priority.

Article 32 The applicant shall apply in accordance with the Patent Law When going through the procedures for requesting priority in accordance with the provisions of Article 30, 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 shall be stated in the written statement; If the filing date of the earlier application and the country that accepted the application are stated, it will be deemed that no declaration has been made.

If foreign priority is required under Article 32 of the "Implementing Rules of the Patent Law of the People's Republic of China (Revised)", the copy of the prior application document submitted by the applicant shall be certified by the original accepting authority; among the certification materials submitted , the name of the earlier applicant and the name of the later applicantIf 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 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.

If the applicant claims priority in his or her own country, the applicant The copy of the earlier application document submitted shall be the copy produced by the patent administration department of the State Council.

The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.