When is the date of patent application? How to determine the date of patent application?
When is the date of patent application? How to determine the date of patent application? The date of patent application refers to the date when the patent office receives the patent application documents. If the application documents are mailed, the postmark date shall be the application date, that is, all documents mailed to the patent administration department in the State Council shall be submitted on the postmark date. If the postmark date is unclear, the date of receipt by the the State Council Patent Administration Department shall be the filing date, unless the parties can provide proof. Where priority is enjoyed, the priority date shall be the date of application. The date of patent application has the following meanings. How to determine the date of patent application? What is the patent application date and how to determine the patent application date? How to determine the date of patent application? 1. What is the date of patent application: 1? The filing date is the time limit point for identifying the existing technology, that is, the technologies known at home and abroad before the filing date are existing technologies, and the novelty features of invention patents, utility model patents and design patents are based on the fact that no one applied to the Patent Office before the filing date. 2. The filing date is the starting point for calculating the six-month time when the invention-creation applying for patent does not lose novelty. Article 24 An invention-creation for which a patent is applied shall not lose its novelty under any of the following circumstances within six months before the date of filing: (1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government; (2) It was first published at a specific academic conference or technical conference; (3) Others disclose the contents of the application without the consent of the applicant. 3. The filing date is the starting point of the patent term. Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application. 4. The filing date is also used as a time node to judge whether it constitutes infringement. If the same product has been manufactured and used in the same way before the application date, or the necessary preparations have been made for its manufacture and use, and the manufacture and use continue only within the original scope, it does not constitute infringement of patent rights. 2. How to determine the date of patent application: According to the provisions of the Patent Law, if the applicant directly submits the application documents to the acceptance office or agency of the Patent Office, and the on-site examination meets the acceptance conditions, 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 Office shall be the application date. If the postmark date of the mail is unclear, the date of receipt by the Patent Office shall be the application 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 Patent Office takes the date of receipt as the application date, or the applicant thinks that the application date set by the Patent Office is wrong, and the applicant can provide a registered receipt or other evidence of mailing the application documents and ask the Patent Office to correct it. Upon verification, the Patent Office may change the filing date. (2) For an application for a patent that has been submitted, if the applicant himself or after examination by the Patent Office finds that the instructions contain illustrations, but in fact the drawings have not been submitted or omitted, the applicant may submit it on his own initiative or within a specified time limit after receiving the notice of correction from the Patent Office. 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 is changed, the Patent Office shall promptly notify the applicant.