What are the circumstances under which the subject matter of an earlier application may not be used as a basis for claiming national priority?

According to the provisions of the "Implementing Rules of the Patent Law", the subjects of the earlier applications include: those that have claimed foreign Priority or domestic priority; those that have been granted patent rights; those that are divisional applications filed in accordance with regulations shall not be used as claims for domestic priority. Basis of priority. Regarding the question of what circumstances under which the subject matter of an earlier application cannot be used as the basis for claiming priority in the home country, the editor of the Legal Savior Network will give you a detailed answer below.

1. What are the circumstances of the subject matter of the prior application that shall not be used as the basis for claiming domestic priority?

1. 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) Already claimed Foreign priority or domestic priority;

(2) Patent rights have been granted;

(3) It is a divisional application filed in accordance with regulations.

If the applicant claims priority in his or her own country, his or her earlier application will be deemed to have been withdrawn from the date of filing of the later application.

2. Legal basis: Article 32 of the "Implementing Rules for the Patent Law of the People's Republic of China"

2. What is patent priority

Patent priority means that after an applicant files an application for an invention in a contracting country, and then files an application in another contracting country within a certain period of time, the applicant has the right to request that the date of the first application be used as the date of subsequent applications. The filing date becomes the priority date.

The priority of patent rights includes foreign priority and domestic priority.

Foreign priority refers to the date when the applicant first files a patent application for an invention or utility model with the same subject in a foreign country within 12 months (appearance If the design time is 6 months), and a patent application is filed in China on the same subject, in accordance with the agreement signed by that country with China or an international treaty that both countries are parties to, orrights that can be enjoyed by the parties in accordance with the principle of mutual recognition of valid rights.

The priority of the home country refers to the 12 months from the date when the applicant first files a patent application for an invention or utility model with the same subject in China. Those who file a patent application with the Patent Office on the same subject can enjoy priority.

According to the provisions of the "Patent Law Implementing Rules", the subject matter of the prior application includes: a foreign priority or domestic priority has been claimed; a patent has been granted ; if it is a divisional application filed in accordance with regulations, it shall not be used as the basis for claiming priority in the home country. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.