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ARTICLE · 05 MARCH 2020

Discussion On Verification Of Right Of Priority In China

In the field of patents, verification of priority is an important process, and sometimes has a decisive impact on the outcome of examination or litigation.

ChinaIntellectual Property

    In the field of patents, verification of priority is an important process, and sometimes has a decisive impact on the outcome of examination or litigation.

    Points for Verification of Priority in China

    Verification of priority shall satisfy the following "General Principles of Priority Verification" (see "Guidelines for Patent Examination", 2010 edition, part II, chapter 8, section 4.6.2):

    (1) whether the earlier application, which is used as the basis of the right of priority, involves the same subject matter as that of the later application for which the priority is claimed;

    (2) whether this earlier application is the first application in which the same subject matter is described; and;

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