Legal basis:
Detailed Rules for the Implementation of the Patent Law Article 31 Where an applicant claims foreign priority in accordance with Article 30 of the Patent Law, the copy of the earlier application documents submitted by him shall be certified by the original accepting institution. According to the agreement signed between the patent administrative department of the State Council and the accepting institution, if the patent administrative department of the State Council obtains a copy of the earlier application documents through electronic exchange, it shall be deemed that the applicant has submitted a copy of the earlier application documents certified by the accepting institution. Where domestic priority is claimed, if the application date and application number of the earlier application are stated in the request, it shall be deemed that the applicant has submitted a copy of the earlier application documents. Where priority is claimed, but one or two contents of the application date, application number and the name of the original accepting institution of the earlier application are omitted or incorrectly stated in the request, the patent administration department of the State Council shall notify the applicant to make corrections within a specified time limit; If no correction is made within the time limit, it shall be deemed that priority has not been claimed. Where the name of the applicant claiming priority is inconsistent with the name of the applicant recorded in the copy of the earlier application documents, a certificate of priority transfer shall be submitted. If the certificate is not submitted, it shall be deemed that the priority has not been claimed. Where the applicant for an application for a patent for design claims foreign priority, the earlier application does not include a brief description of the design, and the brief description submitted by the applicant in accordance with the provisions of Article 28 of these Rules does not exceed the scope shown in the pictures or photographs in the earlier application documents, the priority shall not be affected.