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How to determine and change the patent filing date?
Release Time：
2022-08-26
A:
Article 28 of Patent law of China of the People's Republic of China states: "The date on which the patent administration department under The State Council receives the patent application document shall be the filing date." If the application document is sent by mail, the date of the postmark shall be the filing date."
Therefore, the following criteria are used to determine the patent filing date:
(1) If the patent document is sent by post office, the postmark date of sending the application document shall be the filing date;
(2) Where a patent application document is submitted directly to the Patent Office of the State Intellectual Property Office, the date on which the receiving department receives the patent application document shall be the filing date.
Secondly, when the applicant receives the notice of acceptance of the patent application, if it believes that the application date recorded in the notice is inconsistent with the date of mailing the application document, it can request the Patent Office to change the application date. The Patent Office, after examining the request for correction, considers that the application date is in line with the relevant provisions and should be corrected, shall issue a notice of re-determination of the application date and modify the relevant data; If it is considered that it does not meet the relevant provisions, it shall issue a request for correction of the application date as a notice of failure and explain the reasons.
Source: Intellectual Property Classroom
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