Claim priority of a foreign patent applicaiton in China and/or Taiwan

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The notable matter when an applicant claims foreign priority in Taiwan and/ or China is that SIPO does not accept the priority claim made later than the China filing date while TIPO accepts reinstatement of priority claim within 16 months from the earliest priority date if the applicant unintentionally fails to claim the priority.

China Practices:

In accordance with Article 30 of China Patent Act, no written declaration (of priority claim) is submitted on the filing date or no duplicates of the patent application documents are submitted at the expiration of the specified time limit (3 months), the applicant shall be deemed to have waived the right of priority.

Taiwan Practices:

In accordance with Article 29 of Taiwan Patent Act, where an applicant unintentionally fails to claim priority claim at the time of filing, the applicant may, within sixteen (16) months after the earliest priority date, apply for reinstatement of priority claim, pay the required fees and undertake requisite actions.