What is the patent filing date?

If the application documents mailed by the applicant 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. What is the patent application date? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What is the patent application date

The patent application date is when the patent administration department of the State Council receives the applicant’s patent application documents The date is a recognition of the patent administration department of the State Council accepting the applicant’s patent application.

Therefore, the patent date has the following implications for patent applicants Important significance:

1. Ming the same invention and practicality The first applicant for new and exterior designs.

Article 9 of the Patent Law of the People's Republic of China It stipulates: “If two or more applicants apply for patents for the same invention and creation, the patent shall be granted to the person who applied first.” The filing date is the only criterion used by the Patent Administration Department of the State Council to determine the order of succession.

2. Loss of novelty in future applications. Refers to patent applications after the patent application dateNo more novelty please.

3. It is the main basis for the patent administrative department of the State Council to judge novelty and inventiveness.

"Patent Law of the People's Republic of China" Article 20 Article 2 stipulates that novelty means that it has not been published in domestic and foreign publications, has not been publicly used at home or abroad, and has not been made known to the public in any form. At the same time, no other person has applied for it; creativity means that compared with similar technologies, it has Outstanding substantive features and significant progress.

The application date is based on the time to determine the applicant's application There has been no patent application for the same product or technology before, so its novelty and creativity can be determined.

4. It is the starting point of the period stipulated in the patent law date.

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