Time limit for first-instance defense of patent

The time limit for patent defense in the first instance is four months. The time limit for the first reply to the notice of review opinions is 4 months, and then 2 months at a time. When calculating the time limit, 15 days will be added, and 15 days will be the estimated arrival time. The time limit for the first reply to the notice of review opinions is 4 months, and then 2 months at a time. The reply period of the rectification notice does not necessarily depend on the type of rectification documents, but is generally 2 months, or 1 month, which shall be specified by the examiner in the notice. The applicant may request the Patent Office to extend the specified reply period. However, the request for extension of the time limit shall be made before the expiration of the time limit.

legal ground

Article 29 of the Patent Law of People's Republic of China (PRC) 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 by the foreign country with China or the international treaty to which * * * is a party, 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 30 of the Patent Law of People's Republic of China (PRC) Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.