Restoration, Addition, And Correction Of Priority Rights

On December 21, 2023, the Chinese National Intellectual Property Administration announced the revised "Implementing Regulations of the Patent Law of the People's Republic of China". One of the highlights of these regulations is the introduction of a remedy procedure for priority rights, including the restoration, addition, and correction of priority rights, aligning with the rules related to international applications under the Patent Cooperation Treaty (PCT).

1. Restoration of Priority Rights

Articles 36 and 128 of the Implementing Regulations respectively provide for the conditions for the restoration of priority rights for invention or utility model applications submitted through the Paris Convention route and applications entering the national phase in China through the PCT.