Can the date of patent application be changed after it is determined? According to the regulations, if the applicant submits the application documents directly to the acceptance office or dispatched office of the patent administration department in the State Council, and the acceptance conditions are met after on-the-spot examination, the filing date shall be the filing date. If the application documents mailed by the applicant meet the acceptance conditions, the mailing date shall be the application date. If the postmark date of the mail is unclear, the postmark date of the mail sent to the patent administration department in the State Council shall be the application date. If the postmark date of the mail is unclear, the date of receipt by the patent administration department in the State Council shall be the filing date. After the application date is determined, it cannot be changed at will. The application date can only be changed in the following two cases: ① Because the postmark is unclear, the the State Council Patent Administration takes the date of receipt as the application date, or the applicant thinks that the application date set by the the State Council Patent Administration is wrong, and the applicant can provide a registered receipt or other evidence of mailing the application documents and ask the the State Council Patent Administration to correct it. Upon verification, the the State Council Patent Administration Department may change the filing date. (2) Where the submitted specification is found by the applicant himself or the patent administration department of the State Council, but the appended drawings are actually not submitted or omitted, the applicant may take the initiative to make corrections or make corrections within a specified time limit after receiving the notice of correction from the patent administration department of the State Council. Where the drawings are submitted as required, the date of the last submission of the drawings for the application shall be the date of filing. Where the date of application changes, the administrative department for patent in the State Council shall notify the applicant in time. Patent application date Patent application date is a term used in patent laws and regulations, and the application date is counted from the date when the patent application documents are submitted to the patent administration department of the State Council. If the application documents are mailed, the postmark date of mailing shall be the application date. Where the applicant enjoys priority, the priority date shall be regarded as the filing date. Article 28 of the Patent Law of People's Republic of China (PRC) stipulates: "The date when the patent administrative department of the State Council receives the patent application documents is the filing date." Refers to the date when the applicant filed an application with the Patent Office. When the patent applicant submits the relevant application documents to the Patent Office, it indicates that he has formally filed a patent application. After receiving the application documents, the Patent Office shall also determine the application date and application number of the relevant application and notify the applicant. Where a patent right is obtained, the term of protection of the patent right shall also be counted from the date of application. The determination of the first filing date of patent application is of great significance to patent applicants. First of all, if the same invention is later patented, it will lose its novelty and cannot be patented. Secondly, after the first filing date, the inventor or applicant can implement the invention-creation in the application or publish relevant technical materials in the publication without damaging the novelty of the patent application. In the subsequent patent examination, the "existing technology" to judge novelty and creativity is based on the technology before the first filing date. Fourth, when the applicant claims international priority in the patent application procedure, he can regard the first filing date as the "priority date". The above are the answers to these questions, I hope it will help you. If you need help in this area, the website provides online consultation service for lawyers, and you are welcome to make legal consultation.
Legal objectivity:
Article 119 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall be signed or sealed by the applicant, the patentee, other interested parties or their representatives when submitting application documents or going through various formalities to the patent administration department in the State Council; If a patent agency is entrusted, it shall be sealed by the patent agency. Where a request is made to change the name of the inventor, the name, nationality and address of the patent applicant and patentee, the name and address of the patent agency and the name of the agent, it shall go through the formalities for changing the recorded items with the patent administration department of the State Council, and attach the supporting materials of the reasons for the change.