What are the conditions that must be met for patent application priority
After the patent applicant files an application for an invention in a contracting country , and if an application is filed with other contracting countries within the prescribed time limit, the applicant has the right to request that the date of the first application be used as the date of subsequent applications. This filing date is the priority date. According to the Patent Law of the People's Republic of China and its According to the implementation rules, the following conditions must be met to obtain priority:
1. If you apply for priority from a foreign country, the foreign country that accepts the applicant's first application must have participated in an international treaty with priority provisions with our country, or signed a bilateral agreement with our country on the mutual recognition of priority, or recognized Our nationals enjoy priority in this country;
2. Patents applying for foreign priority include invention patents, utility model patents, and design patents;
3. Patents applying for domestic priority include invention patents and utility model patents;
4. To apply for foreign priority, the first application must be a formal application accepted by the foreign patent office and given a priority date. Whether the application can be approved will not affect the basic conditions for applying for priority;
5. Apply for national priority, the The first application must be a formal application accepted by the Patent Administration Department of the State Council and given a priority date. However, when the subsequent application is filed, the first application has already claimed foreign or domestic priority, or has been granted a patent, or is Submitting a divisional application in accordance with regulations cannot be used as a basic condition for applying for domestic priority;
6. Whether applying for foreign priority or domestic priority, the latter application must have the same subject matter as the previous application. If the latter application exceeds the subject matter of the previous application, it will not enjoy priority. , and priority can only be applied for the common parts;
7. For joint applications, one of them is allowed to enjoy the right of priority, and each of them is allowed to enjoy the priority date separately;
8. If you apply for domestic priority, you can change the type of patent application, and its priority will not be affected, as long as the subject of the subsequent application is the same as the subject of the previous application;
9. The last application in my country must be in the priority If submitted within the period, the subsequent applicant must also be the legal heir of the previous applicant;
10. When applying for priority, a declaration must be made at the same time when applying for rights. , and submit a copy of the previous patent application document produced by the Patent Administration Department of the State Council within the three-month period stipulated in the Patent Law of the People's Republic of China. If the time limit is exceeded, it will be deemed that no priority request has been made.
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