A: The second patent is regarded as withdrawn. If it has not lost its novelty, it can reapply at present. If it is an international exhibition sponsored or recognized by the China Municipal Government, it can reapply and enjoy the priority of 2011month without losing its novelty. However, because it is considered to be withdrawn, it can only be re-applied.
2. I want to write the latter invention as an embodiment of the former invention as a new subordinate right in the claim, so as to combine the two patent documents into one and resubmit a joint application, and at the same time apply for the priority of April 20 12 and June 2011year. Does it affect the novelty review and the new joint case?
Answer: If the latter invention solves the same problem as the previous invention and has * * * identical inventions (at least one of which is the same), but the latter invention adds a new invention on the basis of the previous invention, it can be jointly applied, and only two independent claims are required. The first exclusive claim and the extremely dependent claim are the scheme of the first invention, so it can be required to be 20/kloc-0.
3. Will the first two applications be automatically regarded as withdrawn after this submission and the new merger case is submitted electronically?
A: Yes.
4. Although two priorities have been claimed, since the first two invention patents have been published one after another, will it adversely affect the substantive examination and authorization process of the joint patent application? Cause the final authorization to fail?
Answer: If the first one does not exceed 12 months, the second one depends on what exhibition it is. If the novelty is not lost, but it is regarded as withdrawn, the application date can only be based on the current time.
5. In the newly filed joint patent application, not only the contents of the first two patents were merged, but also the patent name, text content and several patent drawings were modified. Does this adversely affect the novelty examination and authorization of joint patent applications? Cause the final authorization to fail?
Answer: If the previous application is obviously different from the previous one, it will not be recognized this time. If the novelty of the latter application has not been lost, it can be modified, but if it has no novelty, it cannot be applied again.
6. Now it is 20 13 1 month, the patent was first submitted in April of 20 12 before the merger, and the priority was also in April of 20 12. Is it time to apply for PCT for the new merger?
Answer: Based on April 20 12, you can apply as long as it does not exceed 12 months.