Principle of priority: If an applicant files a patent application for an invention or utility model in China within 12 months from the date when a foreign country first filed a patent application, or within 6 months from the date when a foreign country first filed a patent application for a design, he may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, 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.
To put it simply, A applied to A on June 5438+1 October 1 June 2009, and B applied to B on June 5438+1 October/June 2009, and B enjoys the priority of A's application, so B has the priority since June 5409. However, if A does not enjoy the priority of A's application, because B applied for B from June 5438+1 October 1 June 2009 to June 5438+1October/June 2009, before A applied for B, A cannot be authorized, which is the principle of prior application.