Can the patent application date be changed after it is determined?

With the development of society and the improvement of laws, problems of one kind or another will always appear in life, making us overwhelmed and very troubled. So how can we solve the problem effectively so that we don’t have to worry about it? Today, the editor will take you through the question "Can the patent application date be changed after it is determined?" and its follow-up questions. Regarding these issues, the editor of Legal Savior Network has compiled the following content for you. I hope it will be helpful to you.

Can the patent application date be changed after it is determined

According to regulations, applicants submit application documents directly to the State Council If the application is accepted by the patent administrative department or agency, after on-site review, if the application meets the conditions for acceptance, the date of submission will be determined as the date of application.

Any application documents mailed by the applicant that meet the requirements will be accepted If the conditions are met, the date of mailing shall be the date of application. If the postmark date of the outgoing mail is unclear, the postmark date of the mail sent to the Patent Administration Department of the State Council shall be the filing date. If the postmark of the email is not clear, the date of receipt by the Patent Administration Department of the State Council shall be the filing date.

After the application date is determined, it cannot be changed at will. Changing the filing date is only allowed under the following two circumstances:

① Because the postmark is unclear, the patent administration department under the State Council regards the date of receipt as the filing date, or the applicant believes that the filing date determined by the patent administration department under the State Council is incorrect, the applicant may provide a registered receipt or other evidence for sending the application documents. , requiring the patent administration department of the State Council to make corrections. The patent administration department of the State Council may change the application date after verification.

② For those that have been submitted, the applicant himself or the patent administration department of the State Council finds that the specification If there is a description of the drawings in the application form, but the drawings have not been submitted or have been submitted infrequently or missed, the applicant may take the initiative to resubmit the drawings or resubmit the drawings within the designated period after receiving a notice of correction from the Patent Administration Department of the State Council. If additional drawings are submitted as required, the last date of submission of the drawings will be determined as the filing date of the application. If the filing date is changed, the patent administration department under the State Council shall promptly notify the applicant.

Patent application date

Patent application date is a term used in patent regulations. The application date is calculated from the date when the patent application documents are submitted to the patent administration department of the State Council. If the application documents are mailed, the postmark date shall be the date of application. If the applicant enjoys the right of priority, the priority date shall be regarded as the filing date.

"Patent Law of the People's Republic of China" Article 20 Article 8 stipulates: “The date when the patent administration department of the State Council receives the patent application documents is the date of application.” refers to the date when the applicant submits the application to the patent office. When a patent applicant submits relevant application documents to the Patent Office, it means that he has formally filed a patent application. After receiving the application documents, the Patent Office shall also determine the filing date and application number for the relevant application and notify the applicant.

If a patent is obtained, protection of the patent The deadline also starts from the date of application. Determining the first filing date of a patent application is of great significance to patent applicants.

First of all, if you apply for a patent for the same invention and creation again, you will not be able to obtain a patent because of the loss of novelty.

Secondly, since the first filing date, the inventor Or the applicant can implement the invention-creation in the application or publish the relevant technical information in publications, which will not destroy the novelty of the patent application.

In the subsequent patent examination, it will be determined to be novel The "existing technology" of nature and creativity is based on the technology before the first filing date. Fourth, when an applicant claims international priority in the patent application process, the first filing date can be regarded as the "priority date".

The above are the answers to these questions. I hope it will be helpful to you. Everyone is helpful. If you need help in this regard, the Legal Savior Network provides online lawyer consultation services and you are welcome to make legal consultations.