If the application documents are mailed, when is the application date?

If the application documents are mailed, the postmark date shall be the application date. Where a party applies for a patent, it shall submit a request, a specification and its abstract, a patent claim and other documents. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. In this case, it is necessary to determine the application date of the parties, and then we can determine who is the first applicant.

patent law of the people's republic of china

Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.

Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.