I. Multiple choice questions

1. On April 6, 211, Zhang showed his newly invented products at the Canton Fair. On April 15, Zhang applied for an invention patent for his products in China (which was later approved). On June 8, when Zhang applied for a patent in country A, a member of the Paris Convention, he learned that citizens of country A had applied for a patent for the same product in country A on June 6. Which of the following statements is correct? (213/ 1/41)

A. If Zhang applies for priority and proves it, his application date in country A can be advanced at least to April 15, 211

B. The time point of April 6, 211 has no influence on Zhang's patent application in country A and other member countries of the Paris Convention

C. Zhang's patent application in China has been approved. A country should also approve his patent application

D. A country may not require Zhang to appoint a local agent of A country to apply for a patent on his behalf

Reference answer

1. Analysis: According to Article 4 of the Paris Convention, the invention patent enjoys priority, that is, within the priority period (the invention patent is 12 months), the filing date of each patent in the contracting country is the filing date of the first application. Before the expiration of the priority period, any subsequent application filed in other contracting States shall not be invalidated due to any act done by others during this period. In this topic, without considering the principle of temporary protection, Zhang applied for a patent in China on April 15 and in country A on June 8, which is within the priority period. Therefore, without considering temporary protection, the application date can be advanced at least to April 15th. Item A is correct and elected.

according to the provisions of article 11 of the Paris convention, the principle of temporary protection requires the contracting States to provide temporary protection for patentable inventions, utility models, designs and registrable trademarks in the commodities exhibited at international exhibitions held in any member country or officially recognized. If the owner of the exhibit applies for patent or trademark registration during the temporary protection period, the priority date of the application is calculated from the date of public exhibition of the exhibit, not from the first submission of the application. Zhang exhibited his patent for the first time at the Canton Fair on April 6, which met the conditions of temporary protection. During the temporary protection period, it had an impact on his patent application. Error B, not elected.

according to articles 4 and 6 of the Paris convention, the patent application or trademark registration of foreigners should be decided by each member state in accordance with its own laws, and should not be influenced by the decisions made by the country of origin or any other country on the application. Patent applications are independent among member countries. Whether the patent applied for within the priority period is protected in the later application and the result of the application has nothing to do with the earlier application. Error in item C, not elected.

The Paris Convention requires States parties to generally give national treatment to their nationals in the protection of intellectual property rights. The exception is that the laws and regulations of member States on judicial and administrative procedures, jurisdiction, selection of service address or appointment of agents, etc., which are required by the industrial property law, can be retained. Agency patent application is a matter of judicial procedure. Therefore, the laws of country A may require foreign patent applicants to appoint agents from local countries to apply. D error, not elected.

so choose a in this question.