How to determine and change the patent application date

When applying for an invention or utility model patent, documents such as a request, a description and its abstract, and claims must be submitted. How to determine and change the patent application date? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

How to determine and change the patent application date

The applicant submits the application documents directly to the Patent Office acceptance office 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.

The application documents mailed by the applicant will be accepted if they meet the acceptance conditions , 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 Office shall be the filing date. If the postmark of the email is not clear, the date of receipt by the Patent Office 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 If the postmark is unclear and the Patent Office considers the date of receipt as the filing date, or the applicant believes that the filing date determined by the Patent Office is incorrect, the applicant may provide the registered receipt or other evidence for sending the application documents and request the Patent Office to correct. The Patent office can change the filing date after verification.

②For patent applications that have been submitted, the applicant himself or upon examination by the Patent Office, it is found that the specificationIf there is a description of the drawings in the application form, but the drawings have not been submitted or have been submitted infrequently or omitted, the applicant may take the initiative to resubmit the drawings or, after receiving a notice of correction from the Patent Office, resubmit the drawings within the specified time limit. 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 Office shall promptly notify the applicant.

"Patent Law"

Second Article 18 The date when the patent administration department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application.

Article 29 The applicant’s self-invention or practical application If a new patent application is filed in a foreign country for the first time within twelve months, or within six months from the first patent application filed in a foreign country for a design, another patent application is filed in China for the same subject matter, according to the The foreign country may enjoy the right of priority under an agreement signed with China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.

The applicant’s self-invention or utility model is the first in China If a patent application is filed with the Patent Administration Department of the State Council on the same subject within twelve months from the date of first filing a patent application, the applicant may enjoy priority.

The above is the relevant content summarized by the editor, if you If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The professional knowledge of the lawyer can help you.