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ARTICLE · 28 DECEMBER 2022

Introduction To Strategies For Patent Application That May Have Insufficient Inventive Level

It is particularly important to properly determine the application type at the application stage for applicants who are unable to determine whether the inventiveness of their ...

ChinaIntellectual Property

It is particularly important to properly determine the application type at the application stage for applicants who are unable to determine whether the inventiveness of their own technical solutions is sufficient to meet the requirement for the authorization of an invention application. Especially for a Chinese patent application that claims foreign priority based on the Paris Convention or a patent application that enters the national phase of China based on a PCT application, since such application has claimed foreign priority or the priority period has expired, if the patent right for invention cannot be obtained due to insufficient inventiveness in the examination process, it will no longer have the opportunity to change the application type.

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