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Expert Analysis

Timing Of Priority Claims In China Vs. US

By Junqi Hang and Can Huang (April 19, 2018, 12:49 PM EDT) -- National laws and international treaties provide mechanism via which one may claim priority in a later patent application based on an earlier patent application. The general idea is to have the later filed application be entitled the earlier filing date, to avoid unwanted references that could appear between the two filing dates, and therefore to provide the later application with greater chance for allowance and grant. This article aims to provide a view, and hence practice tips, on when to best assert priority claims, with differences in mind applicable to the U.S. and China jurisdictions....

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