What is the procedure for overseas patent application?

To apply for a foreign patent, you need to go through the following steps: First, counting from the first time your invention or utility model is proposed in a foreign country, you must apply again in China within 12 months; secondly, if you have signed an agreement with China or participated in If there is an international treaty or mutual recognition of priority, the certificate can be issued directly. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. What is the overseas Patent application procedure

In the process of patent application abroad, we need to follow the following detailed steps: First, the patent applicant must Within twelve months from the date of first filing of a patent application for an invention or utility model in another country, or within six months from the date of first filing of a patent application for a design in another country, the same patent application shall be submitted in my country; Secondly, based on relevant agreements signed with our country or international treaties to which we are a party, or based on the principle of respecting mutual recognition of priority, patents will be granted and patent certificates will be issued to those who meet the conditions.

Article 29 of the Patent Law

Within twelve months from the date when the applicant first filed a patent application for the invention or utility model in a foreign country, or If a patent application for a design is filed for the same subject in China within six months from the date of first filing a patent application in a foreign country, the foreign country shall file a patent application for the same subject matter in China in accordance with the agreement signed by the foreign country and China or an international treaty both parties are a party to, or in accordance with the mutual recognition of priority. According to the principle of rights, priority can be enjoyed.

The date when the applicant first files a patent application for the invention or utility model in China If a patent application is submitted to the Patent Administration Department of the State Council for the same subject within 12 months of the first application for a patent in China, or within six months of the first application for a patent in China, the design may enjoy priority.

2. Judicial Interpretation of the Crime of Patent Counterfeiting How

After the invention and utility model patent rights are obtained according to law , except for the exceptions clearly provided for in this law, any organization or individual must obtain the consent of the patentee before exercising its patent rights. Under this premise, patented products may not be manufactured, used, promised to be sold, or sold for profit. Sales and import activities, nor can you refer to the patented method and use, promise to sell, sell or import related products accordingly; for design patent rights, after being authorized, the patentee’s permission is also required. It can implement its patents, including but not limited to manufacturing, selling and importing design patented products for the purpose of production and operation.