What are the bases of national patent priority, and the patent application conditions of national pr

According to the relevant provisions of the Patent Law and the Detailed Rules for the Implementation of the Patent Law, if the applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority. If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, he or she may enjoy the right of priority.

If the applicant claims national priority, and the earlier application is an invention patent application, he may file an invention or utility model patent application for the same subject matter; If the earlier application is a utility model patent application, a utility model or invention patent application may be filed on the same subject matter. provided, however, that at the time of filing the latter application, the subject matter of the earlier application shall not be used as a basis for claiming national priority if the subject matter of the earlier application falls under any of the following circumstances:

1) A foreign priority or a domestic priority has been claimed;

2) a patent has already been granted;

3) It is a divisional application filed in accordance with the provisions.

If the applicant claims national priority, the earlier application shall be deemed to be withdrawn from the date of filing of the later application.

The applicant may claim one or more priority rights in a patent application; If multiple priority rights are claimed, the priority period of the application shall be calculated from the earliest priority date.

Are you applying for Priority Examination?

National priority means that the applicant can enjoy the priority of the first application if the applicant files another application for the same subject matter in the same country within a certain period of time after filing the first application in the home country.

The scope of application of national priority is limited to patent applications for inventions and utility models. The domestic priority is the same as the foreign priority in terms of the priority period, the applicant's eligibility to claim priority, the conditions for the priority claim to be established, etc.

An earlier application shall not be used as the basis for national priority in any of the following circumstances:

1) If it has already enjoyed the priority of a foreign country or a domestic country, it shall not be used as the basis for claiming the priority of the country;

2) if a patent has already been granted, it shall not be used as a basis for claiming national priority, the purpose of which is to avoid duplicate grants;

3)If it is a divisional application filed in accordance with the provisions, it shall not be used as a basis for claiming national priority.

If an applicant who does not have a habitual residence or business office in China claims foreign priority, the CNIPA may, if it deems it necessary, require the applicant to provide the following documents:

1) Proof of nationality;

2) Proof that the applicant is an enterprise or other organization, and its business office or headquarters is located;

3) Proof of the applicant's country of origin, which recognizes that Chinese entities and individuals can enjoy patent rights, priority rights and other patent-related rights in that country under the same conditions as nationals of that country.

National priority means that the applicant can enjoy the priority of the first application if the applicant files another application for the same subject matter in the same country within a certain period of time after filing the first application in the home country.

The scope of application of national priority is limited to patent applications for inventions and utility models. The domestic priority is the same as the foreign priority in terms of the priority period, the applicant's eligibility to claim priority, the conditions for the priority claim to be established, etc.

An earlier application shall not be used as the basis for national priority in any of the following circumstances:

1) If it has already enjoyed the priority of a foreign country or a domestic country, it shall not be used as the basis for claiming the priority of the country;

2) if a patent has already been granted, it shall not be used as a basis for claiming national priority, the purpose of which is to avoid duplicate grants;

3)If it is a divisional application filed in accordance with the provisions, it shall not be used as a basis for claiming national priority.

If an applicant who does not have a habitual residence or business office in China claims foreign priority, the CNIPA may, if it deems it necessary, require the applicant to provide the following documents:

1) Proof of nationality;

2) Proof that the applicant is an enterprise or other organization, and its business office or headquarters is located;

3) Proof of the applicant's country of origin, which recognizes that Chinese entities and individuals can enjoy patent rights, priority rights and other patent-related rights in that country under the same conditions as nationals of that country.

Answers]: a, b, d, e

According to the Patent Law, the following conditions must be met to enjoy the right of priority: The limitation requirement, i.e., the period for filing first and filing later, is 12 months for inventions and utility models, and 6 months for designs and trademarks; The earlier application must be the first application; The priority request shall be filed on the filing date.

There are two types of priority rights for patent applications: Patent Priority First: Domestic Priority Domestic priority, also known as domestic priority, refers to the right of priority if the patent applicant files a patent application with the Patent Office of the State Intellectual Property Office of China within 12 months from the date of the first patent application for an invention or utility model of the same subject matter in China.

The second type: international priority International priority, also known as foreign priority, is a patent application filed in China within 12 months from the date of the first application for the same invention or utility model in a foreign country, or within 6 months from the date of the first patent application for the same design in a foreign country, and then the patent application in China shall be the filing date of the first patent application in a foreign country, and the application date shall be the priority date. "

What are the two types of legal obligations?

There are two types of legal obligations: one is acting, which refers to the obligor's active behavior, such as the child's obligation to support his or her parents through frequent visits and the provision of property;

The other is inaction, which means that the obligor must not carry out certain acts, such as not disclosing the privacy of others without permission.

Legal obligations are legally mandatory, and legal liabilities must be borne for violating legal obligations. According to the law, the legal liabilities caused by the violation of legal obligations include civil liability, administrative liability and criminal liability.

What are the two types of military service in our country?

According to the provisions of the relevant laws of our country, military service is divided into active duty and reserve service. Those who serve active duty in the Chinese People's Liberation Army are called active duty soldiers, and those who have been registered, pre-assigned to active duty units, incorporated into reserve forces, or served in reserve forces in other forms are called reservists. According to Article 6 of the Military Service Law of the People's Republic of China, military service is divided into active duty and reserve service.

Those who serve on active duty in the Chinese People's Liberation Army are called soldiers; Those who are pre-assigned to active duty units or transferred to reserve forces to serve in reserve forces are called reservists.

The basis of the law.

Article 29 of the Patent Law of the People's Republic of China Where an applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for an invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority.

If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, he or she may enjoy the right of priority.

Article 30 of the Patent Law of the People's Republic of China Where the applicant claims priority, he shall submit a written statement at the time of application and submit a copy of the first patent application within three months; If a person fails to submit a written declaration or fails to submit a copy of the patent application within the time limit, it shall be deemed that priority has not been claimed.