What are the priorities of international patent applications
When an international patent application enters the national phase procedures in China, apply for an international Applications for priority rights should also meet the following requirements:
1 . The applicant has claimed one or more priorities in the international phase. When entering the Chinese national phase, the applicant must submit a written statement when applying and submit a copy of the first patent application document within three months. The priority continues to be valid. The applicant did not make a statement when applying, or did not submit a copy of the first patent application document within three months. The applicant has claimed one or more priorities in the international phase and lost them in the Chinese phase. Effective, it is deemed that the applicant has not made a priority claim;
2. If the applicant's written declaration of priority submitted in the international phase contains a clerical error or does not indicate the application number of the earlier application, he may submit a correction request when going through the procedures for entering the Chinese phase, or indicate the application number of the earlier application. , but the prescribed priority request fee for correction shall be paid. If the fee for request for correction priority is not paid within the prescribed time limit or the fee for request for correction priority is not paid in full, it shall be deemed that no request for correction priority has been made;
3. The applicant has submitted a priority application in the international phase of the international application in accordance with the provisions of the Patent Cooperation Treaty. rightCopies of application documents do not need to be submitted separately when the international application enters the international phase procedures in China. However, if they are not submitted during the international phase, they should be provided when the international application enters the national phase procedures in China. If no copies are submitted within the prescribed time, provided, it shall be deemed that the priority claim has not been made;
4. The applicant's priority claim is deemed not to have been made during the international phase and has been announced by the International Bureau. If the applicant has legitimate reasons, he may request the Patent Administration Department of the State Council when going through the procedures for entering the Chinese national phase. Restore its right of priority;
5. The applicant is If the applicant requests the patent administration department of the State Council to process and examine an international application in advance before the expiration of twenty months from the priority date, the applicant shall make a request in accordance with the requirements of the Patent Cooperation Treaty when the international application enters the national phase procedures in China. If the International Bureau has not transmitted the international application to the Patent Administration Department of the State Council, the applicant shall submit a copy of the application documents confirmed by the International Bureau to the Patent Administration Department of the State Council;
6. Applicants who claim priority for international applications should pay a priority claim fee when going through the procedures for entering the national phase in China. Failure to pay Or if the amount is not paid in full, the patent administration department of the State Council shall notify the applicant to pay within the specified time limit; if the time limit expires and the applicant has not paid in full or the amount is not paid in full, it shall be deemed that the priority has not been claimed.
Application under Article 29 of the Patent Law Within twelve months from the date when a person first filed a patent application for an invention or utility model in a foreign country, or within six months from the date when a person first filed a patent application for a design in a foreign country, he filed 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.
The applicant’s self-invention or utility model is the first in China If a patent application is filed with the Patent Administration Department of the State Council on the same subject within twelve months from the date of filing a patent application, the patent application can enjoy priority.
Article 30 The applicant claims priority , a written statement should be made when applying, and a copy of the first patent application document should be submitted within three months; if a written statement is not made or a copy of the patent application document is not submitted within the time limit, it will be deemed that priority has not been claimed.
Thank you for reading, the above is the Legal Savior Network The editor has compiled for you the legal content related to "International Patent Application Contents". Generally speaking, there are three ways to apply for an international patent, namely the Paris Convention route, the PCT route, and the EPC route. Enterprises can comprehensively consider the advantages and disadvantages of various methods. Please choose the most suitable application method based on your actual situation. Hope the above content is helpful to you. If your situation is more complex, Legal Savior Network provides you with online lawyer consultation. You are welcome to come for legal consultation.
