The first is the form and legal principles of patent application. All procedures for applying for a patent shall be conducted in written form or other forms specified by China National Intellectual Property Administration Patent Office. All kinds of procedures for printing, typing or handwritten documents directly or indirectly by oral, telephone, physical and other non-written forms, or by telegraph, telex, fax, film and other means of communication are regarded as not submitted and have no legal effect.
Secondly, the principle of single application for patent application
(1) An application for a patent for an invention or utility model shall be limited to one invention or utility model. However, two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
(2) The application for a patent for design shall be limited to the design used in the product. Two or more designs of products sold or used in the same category in sets may be filed as one application.
Third, the principle of priority in applying for patent interests.
Where two or more persons apply for patent authorization for the same invention-creation, the patent right shall be granted to the person who applied first. Where an application is filed at the same time, the applicant shall negotiate. If negotiation fails, the application shall be rejected.
(2) Determination of the date of application.
(1) If the application documents are mailed, the postmark date of mailing shall be the application date. If the postmark is unclear, the date of receipt of the application by the Patent Office shall prevail.
(2) Where an application is filed directly with the Patent Office, the date when the Patent Office receives the patent application documents shall be the filing date.
(3) Where there is priority, the priority date shall be the filing date.
Finally, the priority of patent application.
(1) Priority of international patent application-inventions and utility models1February; Design for 6 months.
(2) domestic patent application priority-invention and utility model is 12 months; Design has no priority in China.