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Application for patent

Time:2014-03-13 Hit:176


Application for patent


  The applicant shall submit a request, a description and abstract and other files for patent application of invention or utility model, the name, title, claims, and address of the applicant, as well as other matters, shall be clearly set forth in the application forms of the invention or utility model. The claims shall be made clear and a complete description of the invention or utility model.

  Claims should be based on the manual, qualifying requirements clearly and briefly the scope of patent protection.

  Dependent on genetic resources to achieve the invention, the applicant shall describe the genetic resources in the patent application documents directly and original sources; unable to indicate the original source of the applicant, should be heard.

  An application filing for a patent of design shall submit a request, drawings or photographs of the design and document such as a brief description of the design.

Within 12 months from the date of first application in a foreign country of a patent for invention or utility model, within 6 months from the date on which any applicant first filed in a foreign county the application of a patent for design, the applicant may apply in China of the same subject matter, the applicant may enjoy the right of priority in accordance with any agreement concluded between China and such foreign countries.

  The applicant may enjoy the right of priority when applying to the State Council for a patent of invention or utility model if the applicant has filed such an application in China within 12 months. However, the application which claims the right of priority shall make a written declaration along with the application, and the copy of application documents first file shall be submitted within three months. The claims of right of priority shall not be recognized without such declaration or filing of such copies. The application may be modified by the applicant, but the modification of the invention and the utility model shall not exceed the scope of the disclosure contained in the initial description and the claims, the modification of the patent for design shall not exceed the scope of the disclosure stated in the initial drawings or photographs. The application of patent may be withdrawn any time before it's granted.




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