What statutory conditions need to be met to request correction of patent application date
Based on national knowledge According to the provisions of the Patent Application Guidelines of the Intellectual Property Office, if after receiving the acceptance notice, the applicant believes that the application date recorded on the acceptance notice is inconsistent with the date of mailing the application documents, he may request the Patent Office to correct the application date. The following is the application procedure for requesting correction of the patent application date:
1. Submit an application
( 1) Submit within two months from the date of submission of patent application documents or within one month from the applicant receiving the acceptance notice.
(2) Attached is a valid certificate of the date of mailing issued by the post office that receives and mails the patent application documents, the mailing registration number and request stated in the certificate The registration numbers recorded in the book are consistent.
If the above requirements are met, the application date shall be corrected; otherwise, the application date shall not be corrected.
2. Correction approved
If correction of the application date is allowed, a notification of redetermination of the application date will be issued The application form shall be made in duplicate, and the duplicate shall be sent to the applicant, the original shall be kept on file, and the relevant data shall be modified; if the application date is not corrected, a notification of deemed failure to make the request for correction of the application date shall be issued and the reasons shall be stated.
In addition, if the party has objections to the submission date of other documents determined by the Patent Office, the party shall provide a receipt of receipt of the document issued by the Patent Office and a certificate issued by the post office. or other valid supporting materials.
How to determine the patent application date
The patent application date is of great significance to the patent applicant and is directly related to whether the patent applicant can obtain the patent right. Therefore, determining the filing date is the key date for a patent applicant to be granted patent rights.
Except Article 20 of the "Patent Law of the People's Republic of China" stipulates: "The date when the patent administration department of the State Council receives the patent application documents is the filing date." Article 28 also stipulates: “If the application documents are mailed, the postmark date shall be the date of application.” In other words, the day when the applicant submits the application documents to the post office is the date of application.
In actual work, there are often situations where the postmark is unclear and cannot or is difficult to read. In this case, if the applicant can submit the application documents In addition to the evidence of the exact date of submission to the post office, the date of application is generally the time when the patent administration department of the State Council receives the applicant's mail. Article 4 of the "Implementing Rules for the Patent Law of the People's Republic of China" stipulates: "For various documents mailed to the Patent Administration Department of the State Council, the postmark date shall be the date of submission. If the postmark is not clear, unless the party concerned can provide proof, the date of submission shall be the date of submission of the documents mailed to the Patent Administration Department of the State Council. The date of receipt by the patent administration department is the date of submission.
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