Patent International Application Priority

The patent international application priority means that the patent applicant applies for a patent application for the first time in a country other than the country of residence on the outcome of his invention creation. In the period of patent prescribed by the patent law, he also applies for a patent application to another country living abroad for the invention and creation of the same subject and enjoys the priority in accordance with the provisions of the relevant national laws.

The twenty-ninth provision of the patent law of the People's Republic of China stipulates: "the applicant may, within twelve months from the date of the first patent application of the invention or utility model, or within six months from the date of the first application of the patent for design in a foreign country, and apply for a patent Application on the same subject in China, he may have the right of priority in accordance with the agreement signed by the foreign country or the international treaty that he participates in, or in accordance with the principle of mutual recognition of priority.

The thirtieth provision of the patent law of the People's Republic of China stipulates: "when applying for a right of priority, a written statement shall be made at the time of application, and the copy of the patent application document submitted for the first time within three months shall be deemed to have not been claimed if it has not submitted a written statement or a copy of the patent application document has not been submitted within the time limit.

The applicant's written statement should include the following contents: 1) the first application date for filing a patent; 2) the application number for patent application; 3) the first country to apply for a patent.

The applicant shall submit a copy of the document submitted in the first instance within three months according to the patent law of the People's Republic of China, and the copy shall be made by the patent administrative organ of the first application country.

Applicants who apply for international priority have no regular residence or business place to submit the required documents in accordance with the thirty-fourth rules of implementation of the People's Republic of China Patent Law: "if there is no applicant for regular residence or business place in China, when applying for a patent or requiring foreign priority, the patent administration department of the State Council may request the following documents to be provided when the Patent Administration Department of the State Council considers it necessary."

I. nationality certification;

Two, the applicant is the certificate of the business place or the headquarters of the enterprise or other organization.

Three, the applicant's country, the recognition of Chinese units and individuals may, in accordance with the same conditions of the national, enjoy the patent, priority and other documents relating to patent rights in that country.

Editor: vivi