What are the specific procedures required by an applicant to request priority
If the applicant claims priority, he shall apply for A written statement shall be made at the time of filing, and a copy of the first patent application document shall be submitted within three months; if a written statement is not made or a copy of the patent application document is submitted after the time limit, priority shall be deemed not to have been claimed. It should be noted that when going through the priority procedures, the applicant should indicate in the written statement the filing date and application number of the first patent application (prior application) and the country that accepted the application; the written statement does not indicate the date of application. If the filing date of the first application falls within the country accepting the application, it will be deemed that no declaration has been made.
If foreign priority is requested, the applicant submits Copies of the earlier application documents must be certified by the original accepting authority; if the name of the earlier applicant is inconsistent with the name of the later applicant among the certification materials submitted, materials proving the transfer of priority must be submitted; if the applicant claims the priority of his country , the copy of the prior application documents submitted by the applicant shall be made by the patent administration department of the State Council.
If the applicant claims the priority of his/her country, and the invention patent application was filed earlier, he or she may file an invention or utility model patent application on the same subject; if the earlier application was a utility model patent application, he or she may file a utility model patent application on the same subject. New or invention patent application. However, when the latter application is filed, the subject matter of the earlier application falls into the following circumstances:Any of the above shall not be used as the basis for claiming priority in the domestic country:
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should be noted that if the applicant claims priority in his or her country , the earlier application shall be deemed withdrawn from the date of filing of the later application.
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