What are the provisions for patent withdrawal priority?

Regarding the question of what the priority provisions for patent withdrawal are, let’s take a look at the relevant content compiled by the editor of Legal Savior Network. If you are facing a legal dispute, the situation is complicated, and you want to find a professional lawyer to assist you, please click the consultation button below.

What are the provisions for priority of patent withdrawal?

The provisions for priority of patent withdrawal If the application date is less than one year, you can claim domestic priority and submit new application materials. If it is less than one year from the filing date, you can request domestic priority to submit new application documents, and the original patent application will be automatically withdrawn, which will not affect the novelty of the new application. A patent application that has been deemed withdrawn can still be used as an earlier application claiming priority. However, subsequent applications must be filed within the priority period. The priority period refers to the 12 months from the date when the applicant first files a domestic patent application for the invention or utility model.

Within 12 months from the date when the applicant first files a patent application for the invention or utility model in a foreign country, or from the first time a design is filed in a foreign country. If a patent application is filed in China on the same subject within six months from the date of filing a patent application, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country and China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. ; If the applicant files another patent application for the same subject with the Patent Administration Department of the State Council within 12 months from the date of first filing a patent application for an invention or utility model in China, the applicant may enjoy priority.

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