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4.4 May I use an earlier patent application filed in the ROC as the basis for a priority claim in a subsequent patent application to be filed in the ROC?

Yes. An applicant having filed a patent application for invention or utility model in the ROC can claim priority of the earlier application (domestic priority) in a subsequent patent application for invention or utility model if the original invention or utility model has been further improved. This should be done no later than 12 months after the filing date of the earlier patent application, and the applicant should specify the filing date and the application number of the earlier patent application. The earlier patent application will be deemed to have been withdrawn upon an expiry of 15 months after its filing date.

  • Publish Date : 2020-08-26
  • Update : 2020-09-14
  • Organization : International Legal Affairs Office
  • Visitors : 510

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