(OrderNo. China National Intellectual Property Administration 10 was issued on February 5, 2020, and was revised by Order No.3 1 of the State Administration of Markets on October 23, 2020).
In order to facilitate applicants who submit short-term patent applications or designs registration applications to the Intellectual Property Department of the Hong Kong Special Administrative Region for the first time to submit patent applications in China National Intellectual Property Administration, the following provisions are formulated:
An applicant who files a patent application for the same subject in China National Intellectual Property Administration within 12 months from the date when his short-term patent application is first submitted to the Intellectual Property Office of the Hong Kong Special Administrative Region, or within 6 months from the date when his application for design registration is first submitted to the Intellectual Property Office of the Hong Kong Special Administrative Region, may enjoy priority.
Where the applicant claims the priority of the above-mentioned short-term patent application or design registration application, it shall make a written statement at the time of application and submit a copy of the above-mentioned short-term patent application or design registration application (hereinafter referred to as the earlier application) within three months; Failing to submit a written statement or a copy of the earlier application documents within the time limit shall be deemed as not claiming priority.
The applicant shall specify the application date and application number of the earlier application in the written statement, and indicate that the accepting organ is the Intellectual Property Department of the Hong Kong Special Administrative Region; If the date of application and the acceptance bureau of the earlier application are not specified in the written statement, it shall be deemed that no statement has been made.
Copies of the earlier application documents submitted by the applicant shall be certified by the Intellectual Property Department of the Hong Kong Special Administrative Region.
The applicant may claim one or more priorities in a patent application; Where multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date.
These Provisions apply to the short-term patent application and design registration application first filed in the Intellectual Property Department of the Hong Kong Special Administrative Region from 1999 65438+2 1.