1. Request date
The filing date is the date when an application that meets the acceptance conditions is submitted to the Patent Office. When accepting an application for examination, the date of receipt of the application documents by the Patent Office shall be the filing date; If the application documents are mailed, the postmark date shall be the application date; If the postmark date on the envelope is unclear, unless the applicant can provide proof, the date of receipt by the Patent Office shall be the application date; For divisional applications (see "one invention, one application"), each divisional application enjoys the filing date of the original application; Where priority is given, the date of the first application in a foreign country shall be the date of application; Where the applicant makes amendments in accordance with the provisions of the Patent Law after filing the application, he shall enjoy the original filing date. The main significance of determining the application date lies in:
(1) as a standard to measure the application order;
(2) As the starting point of patent terms and a series of other related terms;
(3) Determine the time standard of novelty;
(4) Determine the time standard of existing technology and design, etc.
2. Priority date
Priority date refers to the date when priority is claimed in the process of patent (invention or utility model) application. Priority is divided into foreign priority and domestic priority.
Foreign priority refers to the right of a patent applicant to file an application for a patent for invention in one contracting state and then file an application in another contracting state within a specified time, requesting that the first filing date be regarded as the later filing date. The date required for filing the application is called the priority date.
legal ground
patent law of the people's republic of china
Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within twelve months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he may enjoy the priority in accordance with the agreement signed between that country and China or the international treaties to which both countries are parties, or in accordance with the principle of mutual recognition of priority. Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of filing the first application. Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months. Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.