How to request correction of the patent filing date, and how to correct the patent on the filing dat

The scope of acceptance of patent applications is as follows: 1. Accept three types of patent application documents for invention, utility model and design submitted or sent by domestic units or individuals. 2. Accept three kinds of patent application documents for invention, utility model and design from individuals residents of Hong Kong, Macao and Taiwan through domestic patent institutions.

Founded in 2005, Xingzhi Intellectual Property Group adheres to the corporate culture of "craftsmanship in heart and agility in action", persistently focuses on the field of scientific and technological innovation, and has formed a complete set of professional scientific and technological innovation service system with intellectual property as the core, including five core sectors such as intellectual property, analysis and navigation, and financial and taxation services, to help the high-quality technological development of innovative subjects; Click on the link to ask questions

According to the Guidelines for Patent Application issued by the State Intellectual Property Office, if the applicant believes that the filing date recorded in the acceptance notice is inconsistent with the date of mailing the application documents, the applicant may request the Patent Office to correct the filing date.

1. Filing of an application (1) within two months from the date of submission of the patent application documents or within one month from the date of receipt of the notice of acceptance by the applicant.

2) A valid certificate of the date of mailing issued by the post office with the documents of the patent application attached, and the mailing number indicated in the certificate is consistent with the number of sending ** recorded in the request.

If the above requirements are met, the application date shall be corrected; Otherwise, the filing date will not be corrected.

2. Grant of correction If the correction of the application date is granted, the notice of redetermination of the application date shall be made in duplicate, and a copy shall be sent to the applicant, the original copy shall be filed, and the relevant data shall be amended; If the application date is not corrected, the request for correction of the application date shall be deemed not to have been filed, and the reasons shall be explained.

In addition, if the parties concerned have any objection to the date of submission of other documents determined by the Patent Office, they shall provide the receipt of receipt of the documents issued by the Patent Office, the certificate issued by the receiving post office or other valid supporting materials.

A request to change the date of filing a patent application shall first be made within two months from the date of submission of the patent application documents or within one month of the applicant's receipt of the notice of acceptance, and the reason for the change shall be examined by the patent administrative department. if the correction is granted, a notice of redetermination of the application date shall be issued; If the change is not made, it shall be deemed that no change has been submitted, and the applicant shall explain the reasons first.

[Legal basis].Article 33 of the Patent Law of the People's Republic of China.

The applicant may amend the patent application documents, however, the amendment to the application documents for the invention and utility model of Brother Belt Cave shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.

If the patent office takes the date of receipt as the filing date due to the unclear postmark, or if the applicant believes that the filing date determined by the patent office is incorrect, the applicant may provide a receipt or other evidence of the application documents sent to request the patent office to correct it. After verification and verification, the Patent Office may change the date of the application.

For a patent application that has already been filed, if the applicant finds that the description of the drawings is written in the description of the drawings in the specification or after examination by the patent office, but the drawings are not actually submitted, undersubmitted or omitted, the applicant may take the initiative to submit the drawings or submit the drawings within the specified time limit after receiving the notice of amendment from the patent office. If the drawings are submitted in accordance with the regulations, the filing date of the application shall be determined by the last filing date of the drawings. The Patent Office shall notify the applicant in a timely manner of any change in the filing date.

Legal basis: Patent Law of the People's Republic of China

Rule 34 After receiving an application for a patent for invention for a patent, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and then publish it immediately after 18 months from the date of filing. The patent administration department may publish the application at an early date at the request of the applicant.

Rule 35 Within three years from the filing date of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.