What are the procedures for applicants to request priority
If the applicant claims priority according to the provisions of the Patent Law, he shall A written statement must be made when applying, and a copy of the first patent application document must be submitted within three months; if a written statement is not made or a copy of the patent application document is submitted after the deadline, priority shall be deemed not to have been claimed.
It is important to note that when applying for priority, applicants , the filing date and application number of the first patent application (earlier application) should be stated in the written statement, and the country in which the application is accepted; if the written statement does not state the filing date of the earlier application and the country in which the application is accepted, country, it shall be deemed that no declaration has been made.
If the applicant claims priority in his or her country, when the applicant applies first If you apply 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) Patent rights have been granted;
3) It is a divisional application filed in accordance with regulations.
It should be noted that if the applicant claims priority in his or her country, The earlier application shall be deemed withdrawn from the date of filing of the later application.
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