1. If you independently apply for a patent in a country other than China and the date of foreign application is within 12 months from the date of application in China, you can apply for a patent in China with the date of foreign application as the priority date;
2. Patents from countries outside China have been applied separately, and the date of foreign application has exceeded 12 months from the date of filing in China. At this time, it is impossible to apply for a patent in China on the priority date of foreign application, because the publicity of foreign application may lead to the loss of novelty;
3. An international application has been filed through PCT, but the designated country does not contain China patents, and the date of foreign application is within 12 months from the date of application in China. At this time, you can apply for a patent in China with the foreign application date as the priority date;
4. The international application has been filed through PCT, but the designated country does not contain China's patent, and the date of foreign application has exceeded 12 months from the date of filing in China. At this time, it is impossible to apply for a patent in China on the priority date of foreign applications, because the publication of international applications may lead to the loss of novelty.
Patents applied abroad need to be submitted if they want to be protected at home. The validity period of the invention and utility model patent is 12 months, and the priority of the appearance patent is 6 months.
legal ground
patent law of the people's republic of china
Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(2) It was first published at a specific academic conference or technical conference;
(3) Others disclose the contents of the application without the consent of the applicant. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons. Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority. Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.