Where the filing date of the earlier application has not enjoyed the priority, the latter application may be filed within one year from the filing date of the earlier application to claim the priority of the earlier application. The latter application may be amended, but it shall not enjoy the priority date (that is, the filing date of the earlier application) under different circumstances. If the latter application is still submitted to China National Intellectual Property Administration, China within the above-mentioned time limit (within one year from the filing date of the earlier application), the earlier application will be withdrawn. This provision is mainly to prevent duplication of authorization.
In addition, where you want to make changes is also important. If it is in the "background" part of the specification, it generally does not need to be modified. If it is located in the "claim", if there is a corresponding correct record in the specification, it can be actively modified according to the correct record in the specification. The timing of active revision is when the substantive examination request is made, or within three months after receiving the notice of entering the substantive examination stage. If it is not the content of the claim, and it will not become the potential content of the claim in the future, there is no need to modify it.
If it is more than one year from the filing date of the earlier application, but not more than 15 months from the filing date, that is, the Patent Office is not prepared to make it public, and it is impossible to make it public, the earlier application can be quickly revoked and the later application can be resubmitted. If it has been made public, the previous application documents are not properly recorded, and I am afraid it will be difficult to change.
If a new later application is filed, and the previous application is not revoked, and the priority of the previous application is not required, the former application will destroy the patentability of the latter application. Although the applicant may be an individual.
Supplement: All the above are inventions.
The utility model shall not be examined in substance, and shall be authorized to make an announcement after passing the preliminary examination. If you can't enjoy the priority in the later application, do you need to determine whether the utility model has been published? If it is not made public, you can still withdraw your previous application and reapply. However, other related technologies disclosed between the filing date of the earlier application and the filing date of the later application will affect the patentability of the later application.
In addition, judging whether two applications are the same depends on whether the claims are the same. That is to say, even if the specifications of the two applications are exactly the same and the claims are different, they are two different applications. If the modification of the claim you applied for later is quite different from the original application, it means that the modification has brought substantial features and progress, and you can completely reapply.