Question:
I am Taiwanese. Can I file an application before SIPO claiming priority of a Taiwan application?
Answer:
According to the bilateral agreement between China and Taiwan region, China and Taiwan region have a mutual recognition of priority.
Within 12 months from filing invention or utility model applications at first time before Taiwan IP office, or 6 months from filing design applications, the Taiwanese applicants have rights to file applications before Chinese SIPO for the same subject matters and claim the priority of the Taiwan applications.
Applicants may claim priority from more than one Taiwan application. In that case, the priority deadline is calculated from the filing date of the earliest application.
