What is patent priority? What is the procedure for applying for patent priority?
What is patent priority? What is the procedure for applying for patent priority? Patent priority refers to the patent applicant filing a patent application for his invention and creation in a country for the first time, and then filing a patent application for the same theme for his invention and creation within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is regarded as the filing date of his later application, and this right enjoyed by the patent applicant according to law is the priority. The purpose of patent priority is to exclude the possibility that anyone who plagiarizes this patent in other countries may first apply and get registered. So, what are the procedures for applying for patent priority? What is the procedure for applying for patent priority? What is the procedure for applying for patent priority? 1. The applicant shall specify the application date, application number and the country where the application is accepted in the written statement. If the first application is made to an international organization, such as the European Patent Office and the PCT International Bureau, the name of the international organization that accepted the application should also be stated. If the written statement does not specify the application number, date of application and the country that accepted the first application, it shall be deemed that no statement has been made. It should be noted that according to this article, the priority claim must be filed at the same time as the application. If there is no written statement claiming priority when filing a patent application, the consequence is that there is no claim for priority. 2. The second procedure for claiming priority is to submit a copy of the earlier application documents within three months from the date of application. The application documents include the request, specification (including drawings), claims, pictures or photographs of design, etc. Where a foreign priority is claimed, the applicant shall submit a copy of the earlier application documents certified by the foreign acceptance authority. Since the application documents are in foreign languages, if necessary, China National Intellectual Property Administration may require the applicant to submit a Chinese translation within the prescribed time limit. If the applicant fails to submit a copy of the earlier application documents within the specified time limit, it shall be deemed that the priority has not been claimed. If the applicant fails to submit the Chinese translation of the earlier application within the specified time limit as required by China National Intellectual Property Administration, it shall be deemed that the application documents have not been submitted, and the result shall also be deemed that the priority has not been claimed. Where domestic priority is claimed, the applicant shall also submit a copy of the earlier application documents in accordance with the provisions. However, since China National Intellectual Property Administration already has the earlier application documents, China National Intellectual Property Administration can make copies and put them directly into the later application documents.