What is the principle of intellectual property priority?

Legal analysis: According to the relevant provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, the priority principle of an application for a patent for a design is that if the applicant applies for a patent for invention or utility model in a foreign country for the first time within 12 months, or applies for a patent for a design in a foreign country for the first time within 6 months, he will apply for a patent for the same subject in China according to the agreement signed by the foreign country and China or the international treaties to which both countries are parties, or according to the provisions of mutual recognition of priority. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority. The applicant claims domestic priority, and if the earlier application is an application for a patent for invention, he may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed on the same subject.

However, when the latter application is filed, if the subject matter of the former application is under any of the following circumstances, it shall not be used as the basis for claiming domestic priority:

(1) claiming foreign priority or domestic priority;

(2) The patent right has been granted;

(3) It is a divisional application filed in accordance with regulations.

Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application. The applicant may claim one or more priorities in a patent application; Where multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date.

Where the applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; If a written statement or a copy of the patent document is not submitted within the time limit, it shall be deemed that the priority has not been claimed.

In the written statement, the applicant shall specify the filing date, application number and the country that accepted the first patent application (hereinafter referred to as the earlier application); If the filing date of the earlier application and the country accepting the application are not stated in the written statement, it shall be deemed as undeclared; Where foreign priority is claimed, the copy of the earlier application documents submitted by the applicant shall be certified by the original accepting organ; If the name of the earlier applicant is inconsistent with the name of the later applicant in the submitted certification materials, the certification materials of priority transfer shall be submitted; Where domestic priority is claimed, a copy of the earlier application documents submitted by the applicant shall be made by the patent administration department of the State Council.

Legal basis: Article 29 of the Patent Law of People's Republic of China (PRC). Where an applicant files a patent application for an invention or utility model in China within 12 months from the date when he first filed a patent application with a foreign country, or within 6 months from the date when he first filed an application for a patent for a design with a foreign country, he may enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which he is a party, or according to the principle of mutual recognition of priority. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority.