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After the priority period has expired, can I still file a patent application abroad?
Release Time：
2022-07-08
Q: After the priority period has expired, can I still file a patent application abroad?
A: Whether it is a domestic priority or a foreign priority, the invention and utility model are 12 months, and the design is 6 months.
If the priority period has been exceeded, the technical proposal loses the priority rights. At this time, it is necessary to verify whether the application document as the basis of priority has been made public, if it has been made public, it becomes "prior art", even if the patent application is filed abroad, it will be rejected because of the loss of novelty; If it has not been disclosed, you may not claim priority to file a patent application abroad, at this time, it is equivalent to the loss of the so-called "priority rights", but it does not necessarily lead to the subsequent application can not be authorized.
Q: What are the contents of substantive examination of invention patents?
A: The relevant provisions of substantive examination need to be implemented under the framework of the patent law and the implementation rules of the Patent Law, in accordance with the provisions of the second part of the Patent Examination Guide.
For example, it includes the examination of the circumstances in which the patent is not granted, the examination of the way in which the claims and descriptions are written, and the examination of novelty, creativity, utility and singularity.
In general, the more common review mainly includes articles 2, 5, 22, 25, 26 and 33 of the Patent Law.
Source: Intellectual Property Classroom
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