Patent Act Article 30

Priority claim based on earlier applicationAn applicant filing a subsequent patent application based on an earlier patent application for an invention or utility model in the ROC may make a priority claim with respect to the invention or utility model disclosed in the description, claim(s) or drawing(s) submitted for the earlier patent application. This provision shall not apply under any of the following conditions:1. where a period of twelve (12) months has elapsed after the filing date of the earlier patent application;2. where priority has been claimed in accordance with the provisions of Article 28 or this article in respect of the invention or utility model disclosed in the earlier patent application;3. where the earlier patent application is a divisional patent application prescribed under Paragraph 1 of Article 34 or Paragraph 1 of Article 107, or a converted patent application prescribed under Paragraph 1 of Article 108;4. where the earlier patent application is a patent application for an invention that has been published or has been finally and bindingly rejected;5. where the earlier patent application is a patent application for a utility model that has been published or has been finally and bindingly rejected; or6. where the earlier patent application has been withdrawn or dismissed.The earlier patent application referred to in the preceding paragraph shall be deemed to have been withdrawn upon an expiry of fifteen (15) months after its filing date.Priority claimed shall not be withdrawn upon an expiry of fifteen (15) months after the filing date of the earlier patent application.In the event that a subsequent patent application filed with a priority claim in accordance with Paragraph 1 is withdrawn within fifteen (15) months after the filing date of the earlier patent application, the priority claim thus made shall be deemed to have been withdrawn at the same time.Where an applicant claims two or more priorities for a patent application, the calculation of priority period shall be based on the earliest priority date.For a patent application filed with priority, examination of its patentability shall be based on the priority date.Where a priority claim is made in accordance with Paragraph 1, the filing date and the application number of the earlier patent application shall be declared at the time of filing. If such declaration is not made, the priority claim shall be deemed not to have been made.