China's patent law and its implementing rules stipulate that the date when the patent administrative department in the State Council receives the patent application documents is the date of patent application. If the application documents are mailed, the postmark date of mailing shall be the application date. This provision shows that there are two methods to determine the date of patent application in China. The first way is to submit standardized patent application documents directly to the China National Intellectual Property Administration Patent Office and its established agency, and the date when the accepting department receives the patent application documents is the application date; After receiving the relevant patent application documents, the accepting department shall issue an acceptance notice to the patent applicant, indicating the date and number of the patent application. The second way is to use the postmark date of qualified patent application documents as the application date through the post office. However, if the postmark date sent is unclear and it is impossible to determine the postmark date, unless the patent applicant can provide proof, the date received by the accepting department shall be the application date.
What are the principles for determining the date of patent application?
What is the principle for determining the date of patent application? The principle of determining the application date of source patent With the development of society, innovation has become the mainstream of the times. With the development of innovative thinking, various patent applications are increasing day by day. Do you know how to determine the date of patent application? What are the principles for determining the date of patent application? Perhaps we still need to know the principle of determining the patent application date, so today Bian Xiao will briefly introduce the principle of determining the patent application date for everyone. What is the principle for determining the date of patent application? 1. In this strict legal society, China's patent system needs certain rules to coordinate. Our patent application has certain system regulations, and only the system can apply. China's patent system follows the principle that only one patent right can be granted for an invention and creation and the principle of prior application, that is, when two or more patent applicants apply for a patent for the same invention and creation respectively, the patent right is only granted to the first applicant. Therefore, the date of patent application is not only the time benchmark for judging whether the patent application is novel and creative, but also the time benchmark for judging whether multiple patent applicants are interested in the same invention.