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How to claim priority right of patent in China

Time:2017-07-08 20:49:25Source:Click:

 
According to Article 30 of patent law in China, any applicant who claims the right of priority shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which was first filed; if the applicant fails to make the written declaration or to meet the time limit for submitting the patent application document, the claim to the right of priority shall be deemed not to have been made. Refer to the priority document and assignment definitely.

(1)Priority Document: If a foreign priority is claimed, information on priority application date, number and country shall be provided before filing the patent application. The priority document, i.e., a certified copy of the priority application shall be submitted to the Chinese Patent Office completely indicating the name(s) of the applicant(s) and/or inventor(s).

(2)Assignment: If the applicant of the priority application is different from the applicant of the Chinese application, an assignment shall be submitted.

(3)A certified/notarized copy of a foreign assignment of the priority application is acceptable for this purpose.